Grumpy Goats™ Game and Website Terms of Service
Last Updated: January 27, 2012
Welcome to the Grumpy Goats™ game website! We look forward to helping You get Your grump on, so we’ve established the following rules to foster a community where everyone can have fun and everyone understands Our standards for how they are to be treated and what we expect of them. The following terms cover Your use of the Grumpy Goats website (“Website”) at www.grumpygoats.com, and the game and associated functions (“Service”) as You interact with it on the Website or other platforms.
Subject to Your acceptance of and compliance with these Terms, We grant You a non-exclusive, non-transferrable, revocable, limited license (“License”) to use the Website and Service, and to download and use any downloadable software associated with the Website and Service, all subject to the Terms of this agreement. Any use of the Website or Service in violation of these Terms is prohibited and may result in immediate revocation of Your License to use the Website and Service and / or cancellation of Your Account, if applicable.
2 Access and Registration.
Before You can access the Service and certain sections of the Website (“Controlled Areas”), You must provide registration information and apply for an account (“Account”) which application we must accept before You obtain access to the Controlled Areas. A user with a valid Account is deemed a “Member.”
If We grant You an Account, we will provide You with access credentials in the form of a user ID and password (“Credentials”). You are responsible for the safekeeping of Your Credentials. If You believe any unauthorized person has gained access to Your Credentials or if You observe activity in Your Account which You believe to be unauthorized, You must notify Us promptly using the appropriately designated form or section of the Website. Absent timely notification from You of unauthorized use, We have the right to assume that all activity in Your account is initiated by You and is authorized. We reserve the right to assign You a new user ID at any time for any reason or for no reason.
You may only establish an Account if You are over 18 years of age. You agree to provide complete and accurate information in Your application for an Account, and You agree to update Your Account information if it changes.
The Website and Service may only be used by persons between 13 and 18 years of age if an Account is established by the minor’s parent or legal guardian, the parent or guardian authorizes such use, the parent or guardian agrees to supervise use of the Website and Service by a minor, and the parent or legal guardian accepts full responsibility for all authorized and unauthorized use of the Account by any minor, including responsibility for all financial transactions made in connection with the Account. The Website and Service may not be used at any time by persons under 13 years of age. When an adult establishes an Account for use by a minor, the adult assumes all responsibility for compliance with these Terms and Our contractual and enforcement relationship is with the adult; any minor who uses an Account is deemed a fully authorized agent of the adult who created the Account.
You must supply all equipment, software, internet connections, and mobile connections to access the Website and Service. You are responsible for any computer usage, internet usage, and mobile usage fees You incur while accessing the Website or Service.
3 Use of Website and Service.
The Website and Service are provided for personal entertainment use only. You may not use Your Account, the Website or the Service:
a) For any illegal activity;
b) For any commercial purpose;
c) To transmit commercial messages;
d) To advertise or promote any other website, game, or service;
e) To post or publish copyrighted materials without authorization from the copyright holder;
f) To solicit personal information from other users of the Website or Service;
g) To post or communicate abusive, threatening, obscene, defamatory, libelous, hateful, or otherwise offensive or objectionable content; or
h) To harass, abuse, harm, or advocate the harassment, abuse, or harm of any other Member.
You may not interfere with the operation of the Website or Service; specifically You may not:
i) Upload software to Our servers, inject code into or through Our web pages, or alter Our data or databases outside normal use of the Website and Service;
j) Interfere with normal operation of the service by submitting usage or other service requests outside the scope and volume reasonably attributed to normal, human, non-automated use;
k) Gain or attempt to gain unauthorized access to Accounts other than Your own;
l) Gain or attempt to gain access to administrative sections of the Website or Service, or sections of the Website that serve Our commercial, distribution, or advertising partners;
m) Make or submit frivolous, abusive, or unreasonably frequent or voluminous customer service requests;
n) Intercept, reverse engineer, synthesize, or emulate proprietary communications between the any game software that executes on Your computer or browser and the Service servers;
o) Make automated use of the Service; or
p) Include visible or concealed scripts or software in any posting or communication to Us or to other Members or users of the Website.
If You submit any communications, quotations, photographs, comments, or other material or content (“User Submissions”) to the Website or the Service, You agree not to:
q) Submit libelous or defamatory User Submissions;
r) Submit any User Submissions that violate any local, state, or federal law;
s) Display any telephone numbers, street addresses, last names, URLs, email addresses or other personally identifiable or confidential information of any third party;
t) Submit any audio files, text, photographs, videos, or other images containing confidential information or material that may be deemed indecent or obscene in Your community, as defined under applicable law;
u) Impersonate, “stalk,” or harass any person or entity;
v) Transmit any chain letters, spam, junk text or email;
w) Express or imply that any statements that You make are endorsed by Us, without Our specific prior written consent;
x) Harvest or collect personal information of visitors to the Website or other Members, whether or not for commercial purposes, without their express consent;
y) Use any robot, spider, Website search and retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or Service;
z) Post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or
aa) Post, offer for download, text, email, or otherwise transmit any material that contains software viruses, malware, adware, spyware, or other computer code, files, or content designed to interrupt, destroy, or limit the functionality of any other computer software or hardware or communications equipment or that is illegal or that violates the privacy or rights of any third party.
While using the Website and Service, You may have the opportunity to earn or “purchase” notional coins, cash, tokens, or points for use within the Website or Service (“Virtual Currency”), by which Virtual Currency You may “purchase” notional items within the Website or Service such as tools for Your game character to use or decorations or accessories for Your game character (“Virtual Goods”). When You make these “purchases” You are acquiring a limited, revocable license to use certain aspects of the Service represented by the Virtual Currency or Virtual Goods. You do not acquire any rights to the Virtual Currency or Virtual Goods outside the context of the Service, and Your rights to use the Virtual Currency or Virtual Goods terminates when Your Account terminates. All fees You pay for Virtual Currency or Virtual Goods are fully earned when the license to use those items is granted, and no refund is available for unused or returned Virtual Currency or Virtual Goods.
You may terminate Your Account at any time by clicking the “Cancel My Account” link on the My Account page of the Website, by emailing Us at firstname.lastname@example.org and including Your user ID and valid contact information so that we may verify Your request, or by phoning Our customer service team at 786-206-3487. We may terminate Your Account with or without notice if You fail or if We believe You have failed to comply with the terms of this Agreement.
When You or We terminate Your Account, You will no longer have access to the Controlled Areas of the Website and Service, Your game character or persona may be erased, and You will lose any Virtual Currency or Virtual Goods associated with Your Account.
We may stop offering the Website and Services or any component thereof at any time either temporarily or permanently, at which point Your Account may be suspended or terminated. We are not obligated to provide refunds, benefits, or access to the Website or Service after such suspension or termination.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, Service and/or Content are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by You of any part of the Website, Service and/or Content is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website, Service and/or Content. Our posting of information and/or material at the Website, Service and/or Content does not constitute a waiver of any right in such information and/or materials.
In the course of using the Website or Service, You may have the opportunity to upload comments, messages, images, video, or audio files to Grumpy Goats (“Submissions”). You may also have access to the Submissions of other users as well as notes, blog entries, comments, instructional text, articles, game related copy, images, video, and audio files provided by Us (“Content”.)
We are not responsible in any manner for, and do not guarantee the suitability, availability or non-infringement of, any Submissions by other Members, or links to other content or services that may be distributed as Content or otherwise on or through the Website. The Content contains information and material provided by Our third party partners and the Submissions contain material provided by other Members. We undertake no responsibility to monitor or otherwise police the Submissions or Content. You agree that we shall have no obligations and incur no liabilities to any party in connection with any material appearing within the Submissions, or Content. We do not represent or warrant that the Content or Submissions posted on the Website and/or sent to You via email, as applicable, is accurate, complete or appropriate. You understand and agree that we are not responsible or liable in any manner whatsoever for Your inability to use the Service or for any dispute between You and other Members or other third parties.
10 Copyright Notices / DMCA.
It is Our policy to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for Us or where (ii) We, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a Website that contains the copyrighted material.
If You are alleging that copyrighted material may have been or is being infringed, then You may notify Us, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
4. Information reasonably sufficient to permit Us to contact You such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10.1 Counter Notices.
If material that You have posted to a system or network controlled or operated by or for Us has been removed or disabled, You may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is, and that You will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
10.2 Designated Agent For All Notices, Including Counter Notices.
All written notices should be sent to the following Designated Agent:
Designated Agent: Copyright Compliance Team
Address of Designated Agent: 151 N. Nob Hill Road #188, Plantation, FL 33324
Email address of Designated Agent: email@example.com
Telephone number of Designated Agent: 786-206-3487
THE SITE, SERVICE, GAME, VIRTUAL CURRENCY SYSTEM, VIRTUAL GOODS SYSTEM, SUBMISSIONS AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) SITE, SERVICE, GAME, VIRTUAL CURRENCY SYSTEM, VIRTUAL GOODS SYSTEM, SUBMISSIONS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) YOUR ACCESS TO THE SITE, SERVICE, GAME, VIRTUAL CURRENCY SYSTEM, VIRTUAL GOODS SYSTEM, SUBMISSIONS AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE, SERVICE, GAME, VIRTUAL CURRENCY SYSTEM, VIRTUAL GOODS SYSTEM, SUBMISSIONS AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE, GAME, VIRTUAL CURRENCY SYSTEM, VIRTUAL GOODS SYSTEM, SUBMISSIONS AND/OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE SITE, SERVICE, GAME, VIRTUAL CURRENCY SYSTEM, VIRTUAL GOODS SYSTEM, SUBMISSIONS AND/OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SITE, SERVICE, GAME, VIRTUAL CURRENCY SYSTEM, VIRTUAL GOODS SYSTEM, SUBMISSIONS AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. THE SITE, SERVICE, GAME, VIRTUAL CURRENCY SYSTEM, VIRTUAL GOODS SYSTEM, SUBMISSIONS AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.
12 Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR SOLE REMEDY UNDER THE MEMBER TERMS IS THE CANCELLATION OF YOUR MEMBERSHIP. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE AND CONTENT IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND YOU ACKNOWLDGE THAT THE SITE, THE SERVICE AND/OR THE CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO OTHER COMPANY WITH WHICH WE HAVE AN AFFILIATE OR PARTNERING RELATIONSHIP INCLUDING, BUT NOT LIMITED TO ADVERTISING, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, MERCHANT RELATIONSHIP, OR SUPPLIER RELATIONSHIP (EACH A “VERGE GAMES AFFILIATE”), SHALL BE LIABLE TO YOU FOR NON-PERFORMANCE OF OUR OBLIGATIONS HEREUNDER. YOU AGREE NOT TO SUE ANY VERGE GAMES AFFILIATE FOR OUR NON-PERFORMANCE.
You agree to indemnify and hold Us, Our parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) Your use of the Website, Service, Sweepstakes, Submissions or Content; (ii) Your breach of the Member Terms; (iii) Your violation of any rights including, but not limited to, intellectual property rights, of another Member, individual and/or entity; (iv) Your violation of the CAN-SPAM Act of 2003, as well as any state and/or federal laws, rules or regulations prohibiting transmission of unsolicited email; and/or (v) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of Your email communications or other Submissions.
14 Dispute Resolution.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Nevada or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in consumer services provided by internet and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Each party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and conditions of the Member Terms. The Member Terms shall not be construed against either party by reason of their drafting.
15.1 Entire Agreement.
The Member Terms constitutes the entire agreement between the parties regarding the use of the Service and the Website and supersedes all prior or contemporaneous communications between the user and Us with respect to the Website and the Service.
Our failure to exercise or enforce any right or provision of the Member Terms shall not operate as a waiver of such right or provision.
15.3 Titles and Headings.
The section titles in the Member Terms are for convenience only and have no legal or contractual effect.
If any provision of the Member Terms is deemed unlawful, void or unenforceable, the remaining provisions of the Member Terms will remain in full force and effect.
15.5 Void Where Prohibited.
Any aspect of the Service is void where prohibited by law.
Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of the Member Terms.
The English language version of this agreement shall control in any circumstance or location where an alternate language version of the agreement is presented by Us for the convenience of either party.
15.9 Governing Law.
The Website and Service are hosted in the U.S. Nevada State law, without regard to its conflict of law provisions, shall govern all matters between Us.
All notices to Us shall be mailed, certified and postage prepaid to Verge Games, LLC; 151 N. Nob Hill Road #188; Plantation, FL 33324. All notices to You shall be posted prominently on the Website if they refer to Users generally and shall be made to appear after You log in using Your Credentials if they refer to You specifically.
15.11 Force Majeure.
We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, 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.