Effective Date: February 19, 2014
1. Your Agreement to these Terms of Service
Please carefully read these Terms of Service. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Service, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
2. Changes to the Terms of Service and the Service
Except as may be expressly specified otherwise by Episode Interactive with respect to paid portions of the Service, Episode Interactive reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.
3. Limited License Grant and Restrictions
Episode Interactive grants to you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use and display the following: (a) the portions of the Service that are freely accessible from the Episode Interactive Site or that are, with Episode Interactive's authorization, made freely accessible from third party websites or sources, and (b) such other portions of the Service accessible on a "for-payment" basis, provided that you have paid the applicable fees and satisfied all applicable conditions. The license in the preceding sentence is (i) solely for your personal, non-commercial use; (ii) solely for a single computer to access the Site and solely on a device to access applications; and (iii) subject to your compliance at all times with these Terms of Service.
You agree not to (and not to attempt to): (i) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Service; or (ii) use the Service for any use or purpose other than as expressly permitted by these Terms of Service. Neither Episode Interactive nor any of the Episode Interactive Parties (as defined below) grant to you any licenses or rights except for the licenses and rights expressly granted in these Terms of Service.
4. Registration, User Data and Accounts:
You may register to play our games through the Service (the "Account"). As part of this registration process, you may be asked to provide information about yourself in order to use the Service. You agree to provide and maintain (updating as necessary) true, accurate, complete and current information as requested by the Service. If you provide any information that is untrue, inaccurate, incomplete or not current, Episode Interactive has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.
You are responsible for maintaining the confidentiality of your Account. You are fully responsible for all activities that occur under your Account with or without your knowledge. You agree to notify Episode Interactive immediately of any unauthorized use of your Account or any other breach of security related to your Account.
5. Your Content; Service Materials
As between you and Episode Interactive, Episode Interactive and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials, except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Service. You shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
You agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Service are reserved by Episode Interactive and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Episode Interactive and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).
"Service Materials" means all information and materials that are part of the Service, including without limitation the following: any and all copyrightable material, including software; the "look and feel" of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; photographs; graphics; artwork, characters, animations, layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; and User Content.
The term "Episode Interactive," the Episode Interactive logo and other Episode Interactive, LLC logos and product and service names are trademarks and service marks of, and are owned by, Episode Interactive. You may not use or display such trademarks in any manner, including without limitation using such trademarks as "metatags," except as expressly set forth in these Terms of Service. All third party trademarks and service marks appearing on the Service are the property of their respective owners and all rights therein are reserved.
7. User Content (including Your Content) and Episode Interactive Created Materials
The Service may invite or enable you and other users to create, submit, record, post, display, transmit, perform, publish or distribute communications (including but not limited to voice communications), content and materials (including without limitation text, writings, photographs, graphics, images, comments, chat text, personally identifiable information, etc.), including by making the foregoing available to Episode Interactive and other users of the Service, whether via e-mail or through online forums, chat rooms or features, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, "User Content"). Notwithstanding the foregoing, any animations generated by your use of the Service are not User Content, but are Episode Interactive Created Materials. For clarity, animations of any kind generated within or from the Service are owned by Pocket Gems. Episode Interactive has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Episode Interactive has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, validity, legality, decency, integrity or any other quality. Episode Interactive makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You bear all risks associated with, the use of any User Content available in connection with the Service. Episode Interactive shall not be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
foregoing, Episode Interactive reserves the right in its sole discretion to
pre-screen, review, monitor, refuse, remove from the Service, censor, edit,
alter, delete, disable access to or otherwise make unavailable any User Content
(including without limitation Your Content) without notice for any reason,
including without limitation the violation of these Terms of Service, or for no
reason, at any time. You may bring User Content that you believe
violates these Terms of Service, or other inappropriate user behavior, to
Episode Interactive's attention by emailing episode.app+tos@
User Content that you make available in connection with the Service is referred to herein as "Your Content." You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you. You represent and warrant that Your Content is original to you and that you exclusively own the rights to assign or grant to Episode Interactive the rights, title and interest in and to Your Content as set forth in these Terms of Service without Episode Interactive incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
For clarity, you retain all rights in Your Content not granted to Episode Interactive in these Terms of Service. You hereby grant to Episode Interactive a worldwide, irrevocable (except as expressly set forth in Section 11 below), perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or in connection with Episode Interactive's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant to Episode Interactive the right to sublicense and authorize others to exercise any of the rights granted to Episode Interactive under these Terms of Service. You further hereby irrevocably grant to Episode Interactive the unconditional right to use and exploit your name, voice, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.
In addition, you acknowledge and agree that all derivative works of the Service Materials, including, but not limited to, any animations of any kind generated within or by the Service, shall be owned by Episode Interactive. Such materials are referred to in this Agreement as the "Episode Interactive Created Materials." For clarity, it is understood and agreed that any animations, sequences of animation, characters, or artwork based on Your Content shall be Episode Interactive Created Materials. To ensure such ownership, you hereby assign to Episode Interactive all rights, title and interest in and to the Episode Interactive Created Materials that you hold, if any. Accordingly, for clarity, you acknowledge that (a) Episode Interactive and any third party it authorizes may exploit for any purpose [the Episode Interactive Created Materials via the Service; and (b) you shall not have any rights to use the Episode Interactive Created Materials for any purpose.
Notwithstanding the foregoing, it is agreed that Episode Interactive shall not have the right to license for use in a motion picture, television series or other video production the dialogue or story contained within Your Content, create a sequel to the story contained within Your Content or create a game using the dialogue or story contained within Your Content. It is also agreed that you shall not do or authorize anyone else to do any of the following with any Episode Interactive Created Materials: license it for use in an animated feature or other video animation, post it or otherwise use it on Facebook or any other social media platform or create a game based on it.
Episode Interactive understands that there may be circumstances under which you would like to create something not within the scope of rights granted or reserved (as the case may be) to you under these Terms of Service. Accordingly, if you wish to create, or partner with us to create, something other than what you have the right to create in accordance with these Terms of Service, we encourage you to contact us so that the issue may be considered.
8. Restrictions and Rules of Use
The following restrictions and rules apply to your use of the Service. As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service itself.
You further agree not to:
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(iv) use the Service to harm minors in any way;
(v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
(vi) defraud or mislead Episode Interactive or other users;
(viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(ix) create any Account by automated means or false pretenses or use any other user's Account for any purpose, including to circumvent a suspension or ban; or
(x) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the Episode Interactive experience to the detriment of fair play.
You also agree to comply with all applicable laws or other rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws or other rules regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition, you agree not to use the Service or any portion of the Service to commit actions that Episode Interactive considers, in its sole discretion, to be detrimental in any way to the Service or to any user's enjoyment of the Service.
Episode Interactive reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the these Terms of Service or the Service itself and to take action as a result, which may include termination of your Account and exclusion from further participation in the Service.
You are responsible for any fees, including data, access, and usage fees charged by an internet provider or mobile carrier, that you incur when accessing the Service.
9. Virtual Currency and Virtual Goods
The Service may include virtual currency, such as coins, points or similar items that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law ("Virtual Currency"). The Service may also include virtual digital items, such as commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law ("Virtual Goods"). Episode Interactive reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods. Episode Interactive shall have no liability to you or any third party in the event that Episode Interactive exercises any such rights. You have no right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service except the following: You will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Service, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Episode Interactive.
You agree that the transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized in the Service. Also, outside of the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Episode Interactive, any other user of the Service or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, unless Episode Interactive or the applicable third party platform decides in its sole and absolute discretion to provide a refund. You agree that in the event that these Terms of Service, your Account or the Service is terminated for any reason, which may include without limitation Episode Interactive's discontinuation for any reason of the applicable portion of the Service, you will forfeit all Virtual Currency and Virtual Goods and Episode Interactive will have no liability to you in connection with that forfeiture.
"Feedback" means any comments, suggestions or feedback about, or in connection with, the Service that you provide to Episode Interactive. You agree that any Feedback shall be the exclusive property of Episode Interactive, and you hereby assign all rights, title and interest in and to such Feedback to Episode Interactive. You agree that unless otherwise prohibited by applicable law, Episode Interactive may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without compensation to you.
You may terminate your Account at any time and for any reason by sending an email to email@example.com. Upon your termination of your Account, Episode Interactive shall no longer have the right to use or commercialize Your Content via any media that it had not used or commercialized Your Content at the time of such termination. Notwithstanding the foregoing, Episode Interactive shall retain the rights in and to Your Content granted in these Terms of Service to the extent necessary to use or commercialize any Episode Interactive Created Materials in any and all media formats and through any and all media channels and distribution methods (now known or hereafter developed). In addition, following termination of your Account, you shall have no further right to edit any animation generated during of the use of the Service or to create a sequel to such animation.
Episode Interactive may terminate these Terms of Service, your Account and your access to the Service (or, at Episode Interactive's sole option, applicable portions of the Service) at any time and for any reason. In addition, Episode Interactive may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Episode Interactive suspects or determines that you may have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by Episode Interactive; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Episode Interactive, any third parties or the Service itself.
You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your user names, avatars, characters and achievements, Virtual Currency and Virtual Goods. You will not be entitled to and Episode Interactive will not be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination permitted under these Terms of Service for any reason, whether by you or Episode Interactive. Episode Interactive reserves the right to refuse to keep Accounts for or provide the Service to any individual. You shall not allow individuals whose Accounts have been terminated by Episode Interactive to use your Account.
These Terms of Service will remain effective until terminated. You agree that the following sections of these Terms of Service will survive any termination of these Terms of Service, your Account or the Service: Section 5 (Your Content; Service Materials), Section 6 (Trademarks), Section 7 (User Content (including Your Content)), Section 9 (Virtual Currency and Virtual Goods), Section 10 (Feedback), Section 11 (Termination), Section 12 (Disputes with Others), Section 13 (Disclaimers of Warranties and Damages, Limitations of Liability), Section 14 (Indemnification), Section 15 (Governing Law and Remedies), Section 16 (Links to Third Party Websites) and Section 17 (Miscellaneous Provisions).
12. Disputes with Others
Episode Interactive reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service. You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. You will cooperate fully with Episode Interactive to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Episode Interactive access to any password-protected portions of your Account. Episode Interactive hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Service.
13. Disclaimers of Warranties and Damages, Limitations of Liability
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.
WITHOUT LIMITING THE FOREGOING, NEITHER EPISODE INTERACTIVE NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "EPISODE INTERACTIVE PARTIES") WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU OR (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.
UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EPISODE INTERACTIVE PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EPISODE INTERACTIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE EPISODE INTERACTIVE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO EPISODE INTERACTIVE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID EPISODE INTERACTIVE ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EPISODE INTERACTIVE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Episode Interactive or any other Episode Interactive Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Episode Interactive's and such Episode Interactive Party's liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Episode Interactive Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your Account) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your Account) use of the Service, (3) your (or anyone accessing the Service using your Account) violation of these Terms of Service, and (4) your (or anyone accessing the Service using your Account) violation of any rights of any other person or entity. Episode Interactive reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with Episode Interactive to defend these claims.
15. Governing Law and Remedies
These Terms of Service and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Episode Interactive under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Episode Interactive for which remedies at law are inadequate. Episode Interactive shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.
16. Links to Third Party Websites
The Service may contain links to third party websites or resources. You acknowledge and agree that Episode Interactive is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Episode Interactive of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Episode Interactive may remove any links at any time for any reason or for no reason.
17. Miscellaneous Provisions
(a) Access and Availability. You agree to be responsible for obtaining and maintaining all telephone, computer hardware, mobile devices and any other equipment needed for access to and use of the Service, and all charges related thereto. Episode Interactive operates and controls the Service from its offices in the United States. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Episode Interactive to any registration requirement within such jurisdiction or country.
(c) No Waiver. The failure of Episode Interactive to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Service 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 of Service shall remain in full force and effect.
(d) Assignment. These Terms of Service may not be assigned by you without Episode Interactive's prior written consent, but are freely assignable by Episode Interactive.
(e) Compliance. Upon Episode Interactive's request, you will furnish Episode Interactive any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service.
(f) Construction and Waiver of Defenses. You agree that these Terms of Service will not be construed against Episode Interactive by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
(g) Force Majeure. Episode Interactive shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.
For all correspondence, please email us at firstname.lastname@example.org.