These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or Artoon Account to access, install or play as well as any Artoon Account you use to access online or mobile products or services (“Artoon Games Services“) offered by Artoon or any of its subsidiaries and affiliates (collectively, “Artoon Games“) for PC, game system or mobile device.
You agree that these terms are an agreement between you and Artoon Games and if additional terms and/or agreements apply to the Artoon Games Service(s) used by you, those additional terms and/or agreements govern your use of Artoon Games Services as well.
These Terms of Service, as well as Artoon Games’ Privacy Policy available at https://artoongames.com/privacy-policy/ (Incorporated herein by reference) form legally binding contracts between you and Artoon Games.
By using Artoon Games Services, you affirm that you are competent to review and agree for the agreement and that you have reviewed this Agreement either individually or with your parent or guardian and they assent to these Terms of Service on your behalf and take full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.
You agree to check terms at www.artoongames.com periodically for new information and terms that govern your use of Artoon Games Services. Artoon Games may modify the Terms of Service at any time. Revisions to terms affecting existing Artoon Games Services shall be effective fifteen (15) days after posting at www.artoongames.com Terms for new Artoon Games Services are effective immediately upon posting of the same
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Artoon Games policies, Artoon Games grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in below sections to access and use the Service for your own non-commercial, entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
✔ You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and if you come across instances where the access is given to the underage then you will deny access to children who are under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
✔ You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Artoon Games, or previously been banned from playing any Artoon Games.
✔ You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
By accessing or using the Service, including browsing any Artoon Games website or accessing a game, you accept and agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the age of 13 and less than 18, you represent that your legal guardian has reviewed and agreed to these Terms. You can also have a valid account on the social networking service (“SNS”) through which you connect to the Service, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products, including services or software.
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
Your usage of the services shall be subject to the following:
1. You are responsible for any use of your credit card or other payment instrument;
2. You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
3. You shall not have an account or use the service if you have previously been removed by Artoon Games or previously been banned from playing any Artoon Games application and games;
4. You shall not use the service if you are located in a country embargoed by the country of our origin or if you are on the list of countries which are prohibited in dealing with.
5. You shall use your account only for non-commercial purposes;
6. 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 anyone;
7. You shall not use your account to engage in any illegal conduct;
8. 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 our written permission;
9. You shall refrain from using inappropriate language, including language that may look, sound like, stand for, hint at, abbreviate, or insinuate profanity, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances or illegal activities.
10. You shall not carry out cheating of any kind (including by exploiting any bug or error) is expressly prohibited, this includes exploiting any deficiency in our code or design, or in the code or design of any third party product or service used in connection with the service, to gain an unfair advantage or to gain unearned or unauthorized privileges, access or abilities not clearly intended by the product’s design. Communicating information about such activities to others will also be considered cheating.
11. 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 our permission;
And in case if we find you not complying with the clauses as mentioned above, then
✔ We reserve the right to remove, at any time and without notice, any content from the service
✔ We reserve the right to contact your ISP regarding any inappropriate activities by you on the service.
✔ We reserve the right to immediately terminate or suspend our services who fail to abide by these terms of usage. The decision to suspend or terminate accounts will be made at the sole discretion of the site administrators. All account terminations (banning) are final.
We may require you to create an account of services with us with Username and Password. While creating you may be required to provide Artoon Games with certain personal information, which may include your name, birth date, e-mail address, device id, and, in some cases, payment information. This information will be held and used in accordance with Artoon Games’ privacy policy and relevant notices / policies, if any, provided at the point of information collection or use.
If you are required to update an account then certain additional information which may include your personal, professional and other details may be required. You agree that you will supply accurate and complete information to Artoon Games, and that you will update that information promptly after it changes.
You understand that on certain page of Artoon Games’ website your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo
Content and Service
All rights, title and interest in and to the service are owned by Artoon Games and/or Artoon games’s licensors. Artoon Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Content and the service. All Content with the exception of third party content (as discussed below in Section) is owned by Artoon Games or its affiliates, subsidiaries, licensors or suppliers. Content includes User – Generated Content (“UGC”). UGC includes but is not limited to Account personas, forum posts, chat posts, profile content and any other Content contributed by users to Artoon Games Services. Artoon Games Content and UGC collectively shall be referred to as “Content.”
Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ARTOON GAMES.
Virtual Items
Artoon Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in games. 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 Service, including without limitation the virtual goods or currency appearing or originating in any games of Artoon Games, whether earned in a game or purchased from Artoon Games, or any other attributes associated with an Account or stored on the Service.
Contributing Third Party Content to Artoon Games Services
Artoon Games respects the intellectual property rights of others. You must have the legal right to upload Content to Artoon Games Services. You may not upload or post any Content on Artoon Games that infringes the copyright, trademark or other intellectual property rights of Artoon Games or any third party, nor may you upload content that violates the law, this Terms of Service and/or any third party’s right of privacy or right of publicity. You may upload only Content that you are permitted to upload by Artoon Games. Artoon Games may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of Artoon Games or a third party.
Contributing UGC to Artoon Games; License Grant to Artoon Games and Others
When you contribute UGC to Artoon Games, you expressly grant to Artoon Games and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Artoon Games and its licensors all licenses, consents and clearances to enable Artoon Games and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.
If the Artoon Games Service on which you contribute UGC permits other users to access and use that UGC as part of the Artoon Games service deliverables, then you grant all other users of the relevant Artoon Games the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Artoon Games service without further notice, attribution or compensation to you.
Any use of the service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted under Section 1), and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any games of Artoon Games is violation of Artoon Games policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances:
✔ engage in any act that Artoon Games deems to be in conflict with the spirit or intent of the service, including but not limited to circumventing or manipulating these terms, our game rules, game mechanics or policies;
✔ interfere or attempt to interfere with the proper functioning of the service or connect to or use the service in any way not expressly permitted by these terms of service
✔ use any unauthorized third party software that accesses, intercepts, or otherwise collects information from or through the service or that is in transit from or to the service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the service to store information about our game characters, elements, or environment;
✔ 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;
✔ bypass any robot exclusion headers or other measures we employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the service, or harvest or manipulate data;
✔ use, facilitate, create, or maintain any unauthorized connection to the service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the service; or (2) any connection using programs, tools, or software not expressly approved by Artoon Games;
✔ 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 Service, or to obtain any information from the Service using any method not expressly permitted by Artoon Games; or
✔ copy, modify, or do any act that might infringe the intellectual
property of Artoon’s licensors in any manner
✔ make improper use of our support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
✔ use the Service, 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;
✔ cheating & hacking – You agree that you will not, under any circumstances:
✔ Offensive or Infringing Content – You agree that you will not, under any circumstances:
✔ Commercial Activity – You agree that you will not, under any circumstances:
Usage of the services of Artoon Games requires payment of fees and which is required to be paid through the modes as specified hereunder. In App Purchase fees for particular services are as under
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
✔ As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
✔ Fees charged by third party sites and vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Artoon Games. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
✔ Artoon Games shall not be liable for any errors on billing statements issued to you by your carrier. Although Artoon Games will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, Artoon Games shall not be liable or responsible for any Purchaser Errors. In no event shall Artoon Games be liable for any defects or other problems associated with download or purchases through the Site.
Artoon Games may terminate access to any online or mobile products and/or Artoon Games Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Artoon Games Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at Artoon Games’ discretion) provided to you or is posted on the applicable product or Artoon Games Service or on the website of Artoon Games.
Artoon Games may also terminate access to Artoon Games services for violation of this terms & conditions, if Artoon Games (in its sole discretion) deems that your use of Artoon Games Services renders Artoon Games less safe for others and/or minors or for illegal or improper use of Artoon Games Services, Content, Entitlement, products, or Intellectual Property (belonging to Artoon or its licensors) as determined by Artoon Games in its sole discretion. You may lose your user name and ids as a result of termination. In response to a violation of these Terms of Service or any other agreement applicable to Artoon Games services accessed by you, Artoon Games may issue you a warning, suspend your Account, selectively remove, revoke or garnish entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all Artoon Games Services or certain Artoon Games Services, no refund will be granted, no entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or entitlements associated with your Account. You acknowledge that in such an instance Artoon Games is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Artoon Games Services or selectively removing, revoking or garnishing entitlements associated with your Account. If Artoon Games terminates your Account, you may not participate in our service again without our express permission. You may not allow individuals whose accounts have been terminated by Artoon Games to use your Account.
In addition to the limitations set forth in the Terms & Conditions, you will violate the Terms of Use if you (or others using your Account) do any of the following:
✔ falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
✔ transmit or facilitate distribution of content that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
✔ Attempt to acquire a password, address, account information, or any other private information from any other Member or users.
✔ upload or distribute any software or content that you do not own or have permission to freely distribute.
✔ promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
✔ upload files that contain a virus or corrupted data.
✔ improperly use the in game support or complaint buttons or make false reports to Artoon Games staff members.
✔ violate the terms of use of third party tools, interactive service providers, state, local, federal laws, or foreign or international law where appropriate.
Upon our or our licensors’ request, you agree to defend, indemnify and hold harmless us, our licensors and our affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms & Conditions of Service for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold Artoon Games and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of our Services and for all of your communication and activity on Artoon Games Services, including any Content you contribute, and that you will indemnify and hold harmless Artoon Games, its licensors and our affiliates from any liability or damages arising from your conduct on Artoon Games Services, including any Content that you contribute.
Artoon Games and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Artoon Games and/or its licensors in that matter. This Section shall survive termination of this Terms of Service
The Site, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Site and each area contained therein are the property of Artoon Games and/or third-party content providers. Artoon Games owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Site (including, without limitation, content that Artoon Games enables you to download) without the express written permission of Artoon Games and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from the Site is allowed by you only for your own use. You acknowledge that the Artoon Games and/or third-party content providers remain the owners of all materials posted on the Site, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
✔ Copyright Notice: All content and software (“Software”) (if any) that is made available to view and/or download in connection with the Site is owned by and is the copyrighted work of Artoon Games and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, Artoon Games hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the content or software to any other server or location for further reproduction or redistribution is expressly prohibited.
✔ Trademark Notice: Artoon Games, Artoon Games website, contents of website and the logo Artoon Games are trademarks or registered trademarks of Artoon Games in India and/or other countries. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with permission from Artoon Games or their respective owners. All rights not expressly granted herein are reserved.
✔ Submissions: Artoon Games is pleased to hear from their customers and welcomes their comments regarding our services and the site. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Artoon Games. None of the Submissions shall be subject to any obligation of confidence on the part of Artoon Games, and Artoon Games shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Artoon Games shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
✔ Support: Subject to the other provisions of the Terms & Conditions of Usage, Artoon Games will attempt to help you with any queries or problems that you may have with the site or any of your purchases through the site. To reach our customer support team, please e-mail us at [email protected]. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible. If you believe that any action has been taken against your account or device in error, please contact customer support at [email protected]
✔ Remedies: You agree that this Terms & Conditions is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that these Terms, other Artoon Games Policies and the Supplemental Terms as and when incorporated, are not intended to confer, and do not confer, any rights or remedies upon any person.
✔ Assignment: Artoon Games may assign or delegate these Terms & Conditions of Service and/or the Artoon Games Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Artoon Games’ prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
✔ Severability: If any part of this Terms & Conditions of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Artoon Games, and the remaining portions shall remain in full force and effect.
✔ Modification of these terms of use: Artoon Games reserves the right to modify these Terms & Conditions, including but not limited to the charges associated with the use of the Site or any products sold therein. You are responsible for regularly reviewing these Terms of Use and additional terms posted on the Site. Your continued use of the Site constitutes your agreement to all such terms, conditions, and notices.
✔ Language of the Terms of Service: If we provide you with a translation of the English language version of these Terms & Conditions of Service, Artoon Games Privacy Policy or any other policy (collectively “Artoon Games’ Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Artoon Games Policies.
In the event of a conflict between a translation of the Artoon Games Policies and the English version, the English version of the Artoon Games Policies will control.
✔ Force Majeure: Artoon Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Artoon Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, War, Terrorism, Riots, Embargoes, Acts of Civil or Military Authorities, Fire, Floods, Accidents, Network Infrastructure Failures, Strikes, or Shortages of transportation facilities, fuel, energy, labor or materials, Hacking, Phishing, or other Electronic Modes for destroying the Contents.
✔ Waiver: Failure of Artoon Games to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Artoon Games.
✔ Governing Law: These Terms & Conditions are governed by the laws of our country of origin and you hereby irrevocably consent to the exclusive jurisdiction of courts of our origin. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Artoon Games as a result of this agreement or use of the Site. Artoon Games reserves the right to disclose any Personal Data about you or your use of the Site, including its contents, without your prior permission if Artoon Games has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Artoon Games or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its Members or others. Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our rights to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Artoon Games with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms & Conditions constitute the entire agreement between you and Artoon Games with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Artoon Games with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
