Terms Of Service

MainTerms Of Service

Effective Date: May 29, 2018

The terms of this agreement ("Terms of Service") govern the relationship between you and Tatem Games Inc., a Delaware corporation with its registered office  at 16192 Coastal Highway, Lewes, Delaware 19958, USA (hereinafter "Tatem" or "Us" or "We") regarding your use of Tatem's games, websites and related services (the "Service").

Please read the Terms of Ser­vice care­fully be­fore you start to use the Ser­vice. By using the Ser­vice (or in­stalling any game/app or click­ing to ac­cept or agree to the Terms of Ser­vice when this op­tion is made avail­able to you), you ac­cept and agree to be bound and abide by these Terms of Ser­vice and our Pri­vacy Pol­icy, found at tatemgames.com/page/privacy-policy/ , which is hereby ex­pressly in­cor­po­rated herein by ref­er­ence. If you do not agree to these Terms of Ser­vice or the Pri­vacy Pol­icy, you must not ac­cess or use the Ser­vice.

The Ser­vice is of­fered and avail­able to users who are 13 years of age or older. By ac­cess­ing or oth­er­wise using the Ser­vice, you rep­re­sent that you are age 13 or older and you un­der­stand and agree to these Terms of Ser­vice. If you are be­tween the ages of 13 and 17, your legal guardian must re­view and agree to these Terms of Ser­vice. If you do not meet all of these re­quire­ments, you must not ac­cess or use the Ser­vice. If you are a legal guardian, you must re­strict all use of the Ser­vice by mi­nors, and you will deny ac­cess to chil­dren under the age of 13. You ac­cept full re­spon­si­bil­ity for any unau­tho­rized use of the Ser­vice by mi­nors.

Right to Use the Service

Subject to these Terms of Service, Tatem hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Service for your personal, non-commercial use. The rights granted to you are subject to your compliance with these Terms of Service.

Except as previously set forth, you do not receive any other license. Tatem retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Service, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Service may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Tatem prior written consent. Tatem reserves all rights not expressly granted to you herein.

The Service and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Service, whether earned in the Service or purchased from Tatem or third parties.

Purchases Terms and Conditions


All pur­chases on or through the Ser­vice are gov­erned by the fol­low­ing terms and con­di­tions.

  • In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash, all for use in Tatem games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”).

  • Tatem may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Tatem shall have no liability to you or any third party in the event that Tatem exercises any such rights.

  • The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Tatem, another user or any third party.

  • The provision of Virtual Items for use in Tatem games is a service provided by Tatem that commences immediately upon acceptance by Tatem of your purchase.

  • You agree that a third party (e.g. Apple or Google) will process and accept your orders and payments and therefore the Tatem does not have possibilities to process or manage possible refund requests or any other requests or questions relating to your payments or orders. Therefore, if you may have any refund requests or any other questions or requests relating to your orders or payments, we encourage you to directly contact the party, who has given you an order receipt or similar confirmation letter and hence is the party processing your orders and payments.

YOU AC­KNOWL­EDGE THAT THE TATEM IS NOT RE­QUIRED TO PRO­VIDE A RE­FUND FOR ANY REA­SON, AND THAT YOU WILL NOT RE­CEIVE MONEY OR OTHER COM­PEN­SA­TION FOR UN­USED VIR­TUAL ITEMS WHEN AN AC­COUNT IS CLOSED, WHETHER SUCH CLO­SURE WAS VOL­UN­TARY OR IN­VOL­UN­TARY. ALL PUR­CHASES AND RE­DEMP­TIONS OF THIRD PARTY VIR­TUAL CUR­RENCY MADE THROUGH THE SER­VICE ARE FINAL AND NON-RE­FUND­ABLE.

Tatem owns, has li­censed, or oth­er­wise has rights to use all of the con­tent that ap­pears in the Ser­vice or in Tatem games. Notwith­stand­ing any pro­vi­sion to the con­trary herein, you agree that you have no right or title in or to any con­tent that ap­pears in the Ser­vice, in­clud­ing with­out lim­i­ta­tion the Vir­tual Items ap­pear­ing or orig­i­nat­ing in any Tatem game, whether earned in a game or pur­chased from Tatem.

Changes to the Service

We may up­date the con­tent on the Ser­vice from time to time, but its con­tent is not nec­es­sar­ily com­plete or up-to-date. Any of the ma­te­r­ial on the Ser­vice may be out of date at any given time, and we are under no oblig­a­tion to up­date such ma­te­r­ial.

User Contributions

The Service may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively “User Contributions”).
In exchange for use of the Service, you hereby grant Tatem a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Tatem's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to Tatem, and the foregoing waiver of any applicable moral rights, survives any termination of these Term of Service.
Tatem, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Tatem or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by Tatem without compensation to you or any third party and you grant Tatem a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.

Code of Conduct

You agree that you will not, under any circumstances:

  • Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service.

  • Use the Service in violation of any applicable law or regulation.

  • Use the Service for commercial purposes, including, but not limited to, advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.

  • Use the Service for fraudulent or abusive purposes including, but not limited to, using the Service to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Service;

  • Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service.

  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Service.

  • Attempt to gain unauthorized access to the Service, to 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 Tatem, 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, encryption, or software that is part of the Service.

  • Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.

  • Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.

  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Tatem employees, directors, officers, and customer service representatives.

  • 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 which impersonates any other person, including, but not limited to, a Tatem employee, director or officer.

  • Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Service, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Tatem, or to obtain any information from the Services using any method not expressly permitted by Tatem.

  • Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Service.

  • Harvest, scrape or collect any information about or regarding other people that use the Service, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.

  • Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.

  • Engage in any act that Tatem deems to conflict with the spirit or intent of the Services or make improper use of Tatem´s support services.

Links from the Service


If the Ser­vice con­tains links to other sites and re­sources pro­vided by third par­ties, these links are pro­vided for your con­ve­nience only. This in­cludes links con­tained in ad­ver­tise­ments, in­clud­ing ban­ner ad­ver­tise­ments and spon­sored links. We have no con­trol over the con­tents of those sites or re­sources, and ac­cept no re­spon­si­bil­ity for them or for any loss or dam­age that may arise from your use of them. If you de­cide to ac­cess any of the third party web­sites linked to the Ser­vice, you do so en­tirely at your own risk and sub­ject to the terms and con­di­tions of use for such web­sites.

Geographic Restrictions


Ac­cess to the Ser­vice may not be legal by cer­tain per­sons or in cer­tain coun­tries. If you ac­cess the Ser­vice from out­side the United States or the Eu­ro­pean Union, you do so on your own ini­tia­tive and are re­spon­si­ble for com­pli­ance with local laws.

Disclaimer of Warranties

You un­der­stand that we can­not and do not guar­an­tee or war­rant that files avail­able for down­load­ing from the in­ter­net or the Ser­vice will be free of viruses or other de­struc­tive code. You are re­spon­si­ble for im­ple­ment­ing suf­fi­cient pro­ce­dures and check­points to sat­isfy your par­tic­u­lar re­quire­ments for anti-virus pro­tec­tion and ac­cu­racy of data input and out­put, and for main­tain­ing a means ex­ter­nal to our site for any re­con­struc­tion of any lost data. WE WILL NOT BE LI­ABLE FOR ANY LOSS OR DAM­AGE CAUSED BY A DIS­TRIB­UTED DE­NIAL-OF-SER­VICE AT­TACK, VIRUSES OR OTHER TECH­NO­LOG­I­CALLY HARM­FUL MA­TE­R­IAL THAT MAY IN­FECT YOUR MO­BILE DE­VICES, COM­PUTER EQUIP­MENT, COM­PUTER PRO­GRAMS, DATA OR OTHER PRO­PRI­ETARY MA­TE­R­IAL DUE TO YOUR USE OF THE SER­VICE OR ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE OR TO YOUR DOWN­LOAD­ING OF ANY MA­TE­R­IAL POSTED ON IT, OR ON ANY SER­VICE LINKED TO IT.

YOUR USE OF THE SER­VICE, ITS CON­TENT AND ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE IS AT YOUR OWN RISK. THE SER­VICE, ITS CON­TENT AND ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE ARE PRO­VIDED ON AN “AS IS” AND “AS AVAIL­ABLE” BASIS, WITH­OUT ANY WAR­RANTIES OF ANY KIND, EI­THER EX­PRESS OR IM­PLIED. NEI­THER THE TATEM NOR ANY PER­SON AS­SO­CI­ATED WITH THE TATEM MAKES ANY WAR­RANTY OR REP­RE­SEN­TA­TION WITH RE­SPECT TO THE COM­PLETE­NESS, SE­CU­RITY, RE­LI­A­BIL­ITY, QUAL­ITY, AC­CU­RACY OR AVAIL­ABIL­ITY OF THE SER­VICE. WITH­OUT LIM­IT­ING THE FORE­GO­ING, NEI­THER THE TATEM NOR ANY­ONE AS­SO­CI­ATED WITH THE TATEM REP­RE­SENTS OR WAR­RANTS THAT THE SER­VICE, ITS CON­TENT OR ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE WILL BE AC­CU­RATE, RE­LI­ABLE, ER­ROR-FREE OR UN­IN­TER­RUPTED, THAT DE­FECTS WILL BE COR­RECTED, THAT OUR SER­VICE OR THE SERVER THAT MAKES IT AVAIL­ABLE ARE FREE OF VIRUSES OR OTHER HARM­FUL COM­PO­NENTS OR THAT THE SER­VICE OR ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE WILL OTH­ER­WISE MEET YOUR NEEDS OR EX­PEC­TA­TIONS.

THE TATEM HEREBY DIS­CLAIMS ALL WAR­RANTIES OF ANY KIND, WHETHER EX­PRESS OR IM­PLIED, STATU­TORY OR OTH­ER­WISE, IN­CLUD­ING BUT NOT LIM­ITED TO ANY WAR­RANTIES OF MER­CHANTABIL­ITY, NON-IN­FRINGE­MENT AND FIT­NESS FOR PAR­TIC­U­LAR PUR­POSE.

THE FORE­GO­ING DOES NOT AF­FECT ANY WAR­RANTIES WHICH CAN­NOT BE EX­CLUDED OR LIM­ITED UNDER AP­PLIC­A­BLE LAW.

Limitation on Liability

IN NO EVENT WILL THE TATEM, ITS AF­FIL­I­ATES OR THEIR LI­CEN­SORS, SER­VICE PROVIDERS, EM­PLOY­EES, AGENTS, OF­FI­CERS OR DI­REC­TORS BE LI­ABLE FOR DAM­AGES OF ANY KIND, UNDER ANY LEGAL THE­ORY, ARIS­ING OUT OF OR IN CON­NEC­TION WITH YOUR USE, OR IN­ABIL­ITY TO USE, THE SER­VICE, ANY SER­VICES LINKED TO IT, ANY CON­TENT ON THE SER­VICE OR SUCH OTHER SER­VICES OR ANY SER­VICES OR ITEMS OB­TAINED THROUGH THE SER­VICE OR SUCH OTHER SER­VICES, IN­CLUD­ING ANY DI­RECT, IN­DI­RECT, SPE­CIAL, IN­CI­DEN­TAL, CON­SE­QUEN­TIAL OR PUNI­TIVE DAM­AGES, IN­CLUD­ING BUT NOT LIM­ITED TO, PER­SONAL IN­JURY, PAIN AND SUF­FER­ING, EMO­TIONAL DIS­TRESS, LOSS OF REV­ENUE, LOSS OF PROF­ITS, LOSS OF BUSI­NESS OR AN­TIC­I­PATED SAV­INGS, LOSS OF USE, LOSS OF GOOD­WILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (IN­CLUD­ING NEG­LI­GENCE), BREACH OF CON­TRACT OR OTH­ER­WISE, EVEN IF FORE­SEE­ABLE.

THE FORE­GO­ING DOES NOT AF­FECT ANY LI­A­BIL­ITY WHICH CAN­NOT BE EX­CLUDED OR LIM­ITED UNDER AP­PLIC­A­BLE LAW.

Indemnification

You agree to de­fend, in­dem­nify and hold harm­less the Tatem, its af­fil­i­ates, li­cen­sors and ser­vice providers, and its and their re­spec­tive of­fi­cers, di­rec­tors, em­ploy­ees, con­trac­tors, agents, li­cen­sors, sup­pli­ers, suc­ces­sors and as­signs from and against any claims, li­a­bil­i­ties, dam­ages, judg­ments, awards, losses, costs, ex­penses or fees (in­clud­ing rea­son­able at­tor­neys’ fees) aris­ing out of or re­lat­ing to your vi­o­la­tion of these Terms of Ser­vice or your use of the Ser­vice, in­clud­ing, but not lim­ited to, your User Con­tri­bu­tions, any use of the Ser­vice’s con­tent, ser­vices and prod­ucts other than as ex­pressly au­tho­rized in these Terms of Ser­vice or your use of any in­for­ma­tion ob­tained from the Ser­vice.

Waiver, Severability and Entire Agreement

No waiver of by the Tatem of any term or con­di­tion set forth in these Terms of Ser­vice shall be deemed a fur­ther or con­tin­u­ing waiver of such term or con­di­tion or a waiver of any other term or con­di­tion, and any fail­ure of the Tatem to as­sert a right or pro­vi­sion under these Terms of Ser­vice shall not con­sti­tute a waiver of such right or pro­vi­sion.

If any pro­vi­sion of these Terms of Ser­vice is held by a court or other tri­bunal of com­pe­tent ju­ris­dic­tion to be in­valid, il­le­gal or un­en­force­able for any rea­son, such pro­vi­sion shall be elim­i­nated or lim­ited to the min­i­mum ex­tent such that the re­main­ing pro­vi­sions of the Terms of Ser­vice will con­tinue in full force and ef­fect.

The Terms of Ser­vice and our Pri­vacy Pol­icy con­sti­tute the sole and en­tire agree­ment be­tween you and Tatem with re­spect to the Ser­vice and su­per­sede all prior and con­tem­po­ra­ne­ous un­der­stand­ings, agree­ments, rep­re­sen­ta­tions and war­ranties, both writ­ten and oral, with re­spect to the Ser­vice.

Notices

We may no­tify you via post­ings on our web­sites, and via e-mail or any other com­mu­ni­ca­tions means to con­tact in­for­ma­tion you pro­vide to us. All no­tices given by you or re­quired from you under these Terms of Ser­vice or our Pri­vacy Pol­icy shall be in writ­ing and ad­dressed to: Tatem Games Inc., Attn: Legal, 21316 Glen Place, Suite 12, Cupertino CA, 95014 USA. Any no­tices that you pro­vide with­out com­pli­ance with this para­graph shall have no legal ef­fect.