Last Updated March 1, 2012
These Terms of Service ("Terms") are a legal agreement between BuddyPoke LLC ("BuddyPoke LLC" or "we") and you ("you"). By using or accessing any BuddyPoke LLC game or application ("Service") you agree to be bound by these Terms. By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. BuddyPoke LLC reserves the right, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service.
Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.
If you violate the Terms, BuddyPoke LLC reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that BuddyPoke LLC need not provide you notice before terminating or suspending your account(s), but it may do so.
BuddyPoke LLC reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
You agree that BuddyPoke LLC may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.
You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.
You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without BuddyPoke LLC's express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, requires express prior written permission from BuddyPoke LLC. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Service, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Service). Any attempt to do so is a violation of the rights of BuddyPoke LLC and its licensors of the Service. If you breach this restriction, you may be subject to prosecution and damages.
BuddyPoke LLC and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by BuddyPoke LLC. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by BuddyPoke LLC, or any derivative works thereof.
BuddyPoke LLC grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.
BuddyPoke LLC provides a service which allows Users to purchase (via credit card, Paypal, mobile billing, or various other payment methods) and to earn (via completing advertiser Offers) virtual currency within various games and other applications.
BuddyPoke LLC partners with a network of sites, and other online entities which agree to accept payment in exchange for providing Users with various goods and services.
Virtual currency is not a real-world currency, has no monetary value, and cannot be used or exchanged for value outside the application for which it was intended by the respective application owner.
BuddyPoke LLC is a content provider that allows users to make derivative works for personal use, and is not responsible for derivative content which may infringe on existing copyrights and intellectual property. User agrees that they will not create derivative works that are in violation of all applicable laws, regulations, statutes and ordinances and will not hold BuddyPoke LLC liable for any violation that may occur as a result of User-generated derivative works.
Derivative work based on BuddyPoke assets, including website materials, avatars, images, and screenshots may be used on your own personal web pages for your noncommercial and personal use ONLY.
User agrees that ONLY static, non-dynamic imagery, including images and movies, may be used for personal reasons. Under no circumstance may 3d geometry and animation data be sold, repurposed, redistributed, or reverse engineered.
User agrees to only use dynamic BuddyPoke assets, including the BuddyPoke application and related data, in the context of the intended access point (application, website, or social network). Bypassing the intended access point is expressly forbidden.
User agrees to be in full compliance with the terms and conditions of this agreement at all times.
User further represents and warrants that User has full right and authority to use BuddyPoke LLC's services and to enter into this Agreement.
User further represents and warrants that it will, at all times during the term of this Agreement, comply with all applicable laws, regulations, statutes, ordinances, and the terms and conditions of this Agreement.
User agrees to use the Service in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Service.
Users shall not defraud, or attempt to defraud, BuddyPoke LLC or other users, or act in bad faith.
If users are determined to be acting in bad faith, in violation of this terms of service, or outside of reasonable community standards, then BuddyPoke LLC may at its sole discretion prohibit the user from using BuddyPoke LLC's service and/or from using third-party applications. In addition, such users may be placed on a "blacklist."
Users shall not create false personas, multiple identities, multiple user accounts, and/or use "bots" or other automated software programs to defraud or which otherwise violate this agreement and/or the terms of service of the third-party applications or social networks which they are using to access BuddyPoke LLC's service.
Users agree not to use BuddyPoke LLC's service for any of the following:
Any activity which is in violation of the terms of service of the respective application or game, or of the social network (including Facebook, MySpace, or others), including but not limited to:
Transferring virtual currency to other individuals, parties, or entities.
Selling or re-selling virtual currency, characters, avatars, or virtual goods.
Fraudulently obtaining or acquiring virtual currency or other products or services.
Any fraudulent activity with respect to payment methods or advertiser tracking mechanisms.
Any unlawful activity.
BuddyPoke LLC provides its service to Users subject to this Terms of Service, which may be updated from time to time without notice to Users.
BuddyPoke LLC's services are provided "as-is" and without any warranties, either express or implied, including but not limited to warranties of title, noninfringement, merchantability, or fitness for a particular purpose.
All transactions, for virtual currency or for other items, are considered final, and there will be no refunds.
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, BuddyPoke LLC, its officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. BuddyPoke LLC makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
In no event will BuddyPoke LLC, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not BuddyPoke LLC has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that BuddyPoke LLC shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold BuddyPoke LLC, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.
No oral or written information or advice given by BuddyPoke LLC shall create a warranty. Should the Service prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
To the extent not prohibited by applicable law, in no event shall BuddyPoke LLC be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including without limitation, damages for loss of profits, loss of data or information, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Service and services or any third party software or applications in conjunction with the Service, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if BuddyPoke LLC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall BuddyPoke LLC’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of BuddyPoke LLC and the remainder of the provisions shall remain in full force and effect.
By visiting or using the the Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and BuddyPoke LLC. Any claim or dispute between you and BuddyPoke LLC that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. BuddyPoke LLC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of BuddyPoke LLC following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BuddyPoke LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
User agrees that BuddyPoke LLC and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your iOS device, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service, and to verify compliance witht the terms of this License. BuddyPoke LLC may use this information, as long as it is in a form that does not personally identify you, to provide and improve the Service. To enable BuddyPoke LLC’s partners and third party developers to improve their software, hardware and services designed for use with BuddyPoke products, BuddyPoke LLC may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that BuddyPoke shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that BuddyPoke is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. BuddyPoke, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from BuddyPoke LLC if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the BuddyPoke software and destroy all copies, full or partial of the BuddyPoke Software.
Portions of the Service utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Service, and your use of such material is governed by their respective terms. Acknowledgements