Last Modified: Thursday, September 29, 2016
BY USING THE SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT, OR CANNOT, AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
Changes to These Terms
We may revise or update the Terms from time to time in our sole discretion. All changes are effective as soon as they are posted. Your continued use of the Services following the posting of revised Terms constitutes your acceptance and agreement to be bound by the revised Terms. You are encouraged to check this page from time to time so you can be aware of any changes to the Terms, as they are binding on you. These Terms are current as of the date listed at the top of the page.
The game play, information, artwork, text, video, audio, media files, and images displayed on or contained within the Applications and Website (collectively, the “Content”) originates from Trickster or third-party licensors. Trickster, or its third-party licensors, retains all right, title, and interest in all Content and all intellectual property rights related thereto. You do not have, nor do you acquire by virtue of these Terms or your use of the Services, any ownership interest in the Content or the Services.
License and Restrictions
Subject to your compliance with these Terms, Trickster grants you a personal, non-exclusive, nontransferable, non-sublicenseable, limited right and license to (1) download, install and use the Applications on mobile devices owned or otherwise controlled by you, and (2) access and use the Website.
You may not: (a) copy the Content or Applications, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements of the Content or Applications; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Website or Applications or any part thereof; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third-party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Website or Applications.
Access and Account Security
You may be required to create an account before using some of the Services (“Account”). You may also have the ability to access the Services via social networking services (“SNS”). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep such information up to date. You agree to notify us immediately of any unauthorized access to or use of your Account, user name, or password or any other breach of security related to the Services. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your Account username and password and for any activities that occur under your Account. Trickster does not authorize use of automated methods to create Accounts and reserves the right to immediately terminate your access to the Services or your Account if it believes, in its sole discretion, that you have breached these Terms or have otherwise violated any applicable law, rule, or regulation in your jurisdiction.
Trickster cannot guarantee availability of the Services and may restrict your access to some or all of the Services at any time in its sole discretion.
Collection and Use of Your Information
Trickster may develop and provide updates, content revisions, new content, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”) to the Services. You understand and agree that the Services or parts of the Services may not operate property if you do not install Updates and that Updates may modify or delete certain features and functionalities of the Services. Trickster has no obligation to provide any Updates or to make available any particular features or functionalities of the Services. All Updates are subject to the then-effective Terms.
The Services and the Content, as well as all features and functionality (including but not limited to all information, software, and the game rules, design, selection and arrangement thereof), are owned by Trickster, or its licensors, or other providers of such material, and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may use the Services solely for your personal use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material contained in or comprising the Services, unless expressly authorized in these Terms.
The Trickster name, the Trickster logo, and all other brands, names, logos, product and service names, designs and slogans incorporated into the Services (collectively the “Trickster Marks”) are owned by Trickster, its affiliates, or its licensors. You may not use the Trickster Marks without Trickster’s prior written permission.
Any communications you submit or post on the Services are considered non-confidential and non-proprietary. You grant us the perpetual, irrevocable right and license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third-parties any such materials.
You are solely responsible for your communications and actions while using the Services. Trickster is not responsible, or liable to you or any third-party, for the communications or actions attributable to you or any other user of the Services.
The Services may display, include or make available third-party content or provide links to third-party websites or services, including through third-party advertising, including links contained in advertisements, banner advertisements and sponsored links (“Third-Party Materials”). Trickster is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect thereof. Trickster does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and any links thereto are provided solely as a convenience to you and your access and use of them is entirely at your own risk and is subject to such third-parties’ terms and conditions.
The Content and Third-Party Materials presented on or through the Services is made available solely for general entertainment purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials.
The Services may permit you to “earn” or use real money to purchase virtual currencies, game resources, in-game services or other in-game items (collectively, “In-Game Items”). Purchases of In-Game Items are subject to the payment terms and conditions of the payment platform (e.g., Apple’s iOS, Google’s Android OS, Microsoft’s Windows OS, Amazon’s Fire OS or Amazon Payments) used to make your purchase. Trickster does not control or manage these payment processes. You understand and agree that you have no ownership interest in any In-Game Items, regardless of whether you “earn” or “purchase” such In-Game Items. In-Game Items are for personal, non-commercial entertainment purposes, have no independent value outside of the Services, may not be redeemed for any cash value, and are simply a measurement of your limited license.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER TRICKSTER NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-GAME ITEMS WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR IF TRICKSTER TERMINATES ACCESS TO SUCH IN-GAME ITEMS UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-GAME ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
While using the Services and the Interactive Services, you must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, while using the Services and the Interactive Services you may not:
- Take actions that are defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Take actions that would be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist in any unlawful act;
- Cause annoyance, inconvenience or needless anxiety to, or upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Engage in commercial activities or sales with others, such as contests, sweepstakes and other sales promotions, bartering or advertising;
- Give the impression that your behaviors or comments emanate from or are endorsed by us or any other person or entity.
You may only use the Services for lawful purposes and in accordance with these Terms. You may not use the Services: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Service Standards set forth in these Terms; (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to impersonate or attempt to impersonate Trickster, a Trickster employee, another user or any other person or entity; (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Trickster or users of the Service or expose them to liability; (g) in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Further, you may not: (h) use any robot, spider or other automatic device, process or means to access the Services for any reason whatsoever; (i) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent; (j) use any device, software or routine that interferes with the proper working of the Services; (k) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (l) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services; or (m) otherwise attempt to interfere with the proper working of the Services (items (a) through (m) collectively referred to as “Prohibited Uses”).
Response to Violations
Trickster reserves the right to:
- Remove any content or communications posted by you for any or no reason in our sole discretion.
- Take any action with respect to any content or communications that we deem necessary or appropriate in our sole discretion, including if we believe that such content or communications violate these Terms, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Services, are a Prohibited Use, or could create liability for the Trickster.
- Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your Account, or access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose your identity or the identity or any other information of anyone posting any materials on or through the Services. YOU WAIVE ANY CLAIMS AGAINST TRICKSTER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review or edit user content or communications before or after they are posted on the Services, and we cannot ensure prompt removal of objectionable content or communications after being made aware of any violations. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party or for our response or inaction in response thereto.
You may delete the Applications and all copies thereof from your electronic devices and permanently refrain from using the Services at any time. Trickster may terminate these Terms any time without notice if it ceases to support the Services, in whole or in part, which Trickster may do in its sole discretion. In addition, Trickster may terminate these Terms immediately and with or without any notice to you, if you violate any of these Terms.
Upon termination: (a) all rights granted to you under these Terms immediately and automatically terminates; and (b) you must cease all use of the Applications and delete all copies of the Applications from your mobile devices.
Termination does not limit any of Trickster’s rights or remedies at law or in equity.
Disclaimer of Warranties and Limits on Liability
THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TRICKSTER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TRICKSTER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRICKSTER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES ; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATIONS.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TRICKSTER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Trickster and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms, including, but not limited to, any infringement or other misuse of any intellectual property rights.
Trickster does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide Trickster with feedback or other ideas, you agree that Trickster is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating new or derivative products.
These Terms constitute the entire agreement between you and Trickster with respect to the Services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Trickster’s written consent.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING A CLAIM ON BEHALF OF OTHERS.
Any disputes or claims arising from the use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be resolved by binding arbitration under the Federal Arbitration Act, federal arbitration law and rules, and Washington state law.
To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings will be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Trickster); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Trickster). Both parties will be responsible for their respective arbitration fees.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the state of Washington without giving effect to any choice or conflict of law provision or rule. Notwithstanding the foregoing, Trickster retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
We both agree that both you and we may bring suit exclusively in federal court in Seattle, Washington, to enjoin infringement or other misuse of any intellectual property rights.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED (if applicable law prohibits a one (1) year limitation period for asserting claims, the claim must be asserted within the shortest time period in excess of one (1) year that is permitted by applicable law).
Notices, Questions or Concerns
All notices should be sent to:
Trickster Cards, Inc.
10900 NE 8th Street, Suite 1000
Bellevue, WA 98004
All other comments, requests for technical support and other communications relating to the Services should be directed to: email@example.com.