1.1 Governing Agreement
The terms of this agreement ("Terms of Service") govern the relationship between you and PlayCallerIQ (hereinafter "PlayCallerIQ" or "Us" or "We") regarding your use of PlayCallerIQ's mobile applications and related services, which includes PlayCallerIQ's website (the "Service").
2.1. Grant of a Limited License
Subject to your agreement and continuing compliance with these Terms of Service and any other relevantPlayCallerIQ policies, PlayCallerIQ grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 2.2-2.6 to access and use the Service using a mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Before accessing or using the Service, including browsing the PlayCallerIQ website or accessing a game, you must agree to these Terms of Service. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
2.3. Use of the Service
The following restrictions apply to the use of the Service: a. You shall not create an Account or access the Service if you are under the age of 13; b. You shall monitor your Account to deny use by minors. You accept full responsibility for any unauthorized use of the Service by minors; c. You shall not create an account using a false identity or information, or on behalf of someone other than yourself; d. You shall not have an Account or use the Service if you have previously been removed by PlayCallerIQ, or previously been banned from playing any PlayCallerIQ game; f. You shall use your Account only for non-commercial purposes; g. You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone; h. You shall not use your Account to engage in any illegal conduct; i. You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any virtual items associated with your Account to anyone without PlayCallerIQ's written permission; and j. You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without PlayCallerIQ's permission. k. If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
2.4. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license, 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 PLAYCALLERIQ GAME IS A VIOLATION OF PLAYCALLERIQ POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not, under any circumstances: a. Engage in any act that PlayCallerIQ deems, in its sole discretion, 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; b. Make improper use of PlayCallerIQ's support services, including by submitting false abuse reports; or c. Use the Service 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 AND HACKING - You agree that you will not, under any circumstances: a. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any PlayCallerIQ Game or any PlayCallerIQ game experience; b. Use or access the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service, any PlayCallerIQ game or any PlayCallerIQ game experience; c. Without PlayCallerIQ's express written consent, modify or cause to be modified any files that are a part of the Service or any PlayCallerIQ game; d. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any PlayCallerIQ game environment (each a "Server"); or (2) the enjoyment of the Service or any PlayCallerIQ game by any other person; e. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service; or f. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by PlayCallerIQ, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
OFFENSIVE CONTENT - You agree that you will not, under any circumstances: a. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; b. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; c. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including PlayCallerIQ employees and customer service representatives; or; d. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a PlayCallerIQ employee;
COMMERCIAL ACTIVITY - You agree that you will not, under any circumstances: a. Without PlayCallerIQ's express written consent, use or access the Service, any PlayCallerIQ game, or any part thereof for any commercial purpose, including but not limited to, (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering in-game currency, items or resources for sale; b. Use or access the Service, any PlayCallerIQ game, or any part thereof for performing in-game services in exchange for payment outside the Service; c. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree that you will not, under any circumstances: a. Interfere or attempt to interfere with the proper functioning of the Service or access or use the Service or any PlayCallerIQ game in any way not expressly permitted by these Terms of Service; b. Use any unauthorized third-party software that accesses, intercepts, "mines", 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 or any PlayCallerIQ game to store information about PlayCallerIQ game elements or environment; c. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device; d. 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; e. Bypass any robot exclusion headers or other measures we take 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; f. 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 PlayCallerIQ; w. 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 any PlayCallerIQ game, or to obtain any information from the Service or any PlayCallerIQ game using any method not expressly permitted by PlayCallerIQ; or g. Copy, modify or distribute rights or content from any PlayCallerIQ site or game, or PlayCallerIQ's (or its licensors or partners) copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION - You agree that you will not, under any circumstances: a. Solicit or attempt to solicit personal information from other users of the Service or any PlayCallerIQ game; or b. Collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), or identification documents through the Service. c. upload or transmit (or attempt to upload or to transmit), without PlayCallerIQ's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
2.5. Suspension and Termination of Account
WITHOUT LIMITING ANY OTHER REMEDIES, PLAYCALLERIQ MAY AT ANY TIME LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO PLAYCALLERIQ SERVICES OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, AND EARNED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND PLAYCALLERIQ IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. NOTE THAT MOST ACCOUNT SUSPENSIONS, TERMINATIONS, AND/OR DELETIONS ARE THE RESULT OF VIOLATIONS OF THIS TOS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE INFRINGERS OF PLAYCALLERIQ OR THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. PlayCallerIQ reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, PlayCallerIQ shall not be required to provide benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
The Service (including without limitation any games, titles, computer code, themes, stories, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights, documentation, user profile information, and the PlayCallerIQ game clients and server software) are copyrighted works owned by PlayCallerIQ and its licensors. PlayCallerIQ reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
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 PLAYCALLERIQ. PLAYCALLERIQ RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 360 DAYS.
2.6.3. License in User Content
3. USER CONTENT
3.1. Monitoring Inappropriate Content
PlayCallerIQ assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time PlayCallerIQ chooses, in its sole discretion, to monitor the Service, PlayCallerIQ nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Content
The Service may include various blogs and chat features where you can post User Content, including your observations and comments on designated topics. PlayCallerIQ cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. PlayCallerIQ shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. You hereby grant PlayCallerIQ a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, any ideas or information you may choose to submit. PLAYCALLERIQ IS NOT RESPONSIBLE FOR A MEMBER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY BLOGS AND CHAT ROOMS.
3.2.2. Content Responsibility
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and PlayCallerIQ assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please use any "Report Abuse" link provided or contact us at Customer Support. PlayCallerIQ may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of PlayCallerIQ violates these Terms of Service. PlayCallerIQ reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
3.4. Interactions with Other Users
3.4.1 Disputes Between Users
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or PlayCallerIQ games. PlayCallerIQ reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
4. SERVICE UPDATES
You understand that the Service is an evolving one. PlayCallerIQ may require that you accept updates to the Service and to PlayCallerIQ's games you have installed on your computer or mobile device. You acknowledge and agree that PlayCallerIQ may update the Service and PlayCallerIQ games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play PlayCallerIQ's Games.
5. THIRD PARTY ADVERTISING
5.1. Third Party Advertisements
You understand that the Service and PlayCallerIQ games may feature advertisements from PlayCallerIQ or third parties.
5.2. Links and Embedding
PlayCallerIQ may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer. Any charges or obligations you incur in your dealings with these third parties are your responsibility. PlayCallerIQ makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of PlayCallerIQ and may collect data or solicit personal information from you. PlayCallerIQ is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of PlayCallerIQ of these linked sites.
6.1. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).WITHOUT LIMITING THE FOREGOING, NEITHER PLAYCALLERIQ NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "PLAYCALLERIQ PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
6.2. Waivers of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE PLAYCALLERIQ PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PLAYCALLERIQ PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PLAYCALLERIQ PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold PlayCallerIQ, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. PlayCallerIQ reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PlayCallerIQ, and you agree to cooperate with PlayCallerIQ's defense of these claims. PlayCallerIQ 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 any termination of your Account(s) or of the Service.
7. DISPUTE RESOLUTION
If a dispute arises between you and PlayCallerIQ, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PlayCallerIQ agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
7.2. Law and Forum for Legal Disputes
Any dispute or other claim shall be governed by and construed in accordance with the laws of the State of Utah.
9. GENERAL PROVISIONS
9.1. Assignment and Delegation
9.2. Additional Policies
PlayCallerIQ may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
9.3. Prior Understandings
9.4. No Waiver
9.5. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to PlayCallerIQ are of a unique and irreplaceable nature, the loss of which shall irreparably harm PlayCallerIQ and which cannot be replaced by monetary damages alone so that PlayCallerIQ shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any PlayCallerIQ game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.
9.7. Force Majeure
PlayCallerIQ shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PlayCallerIQ, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond PlayCallerIQ's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.