The following terms and conditions (the “Agreement”) govern all use of any part of the Shiny Shoe, LLC’s (“Shiny Shoe,” “we,” “us,” or “our”) video game entitled “Puzzle Raiders”, and all elements thereof and services related thereto (the “Game”) which are made available by us via our web site at www.shinyshoe.com (the “Site”) or through other communication platforms, including third party social networking websites or your mobile phone, and whether or not you have registered for an account on our Site or for the Game: (A) YOU (“USER”) REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (THESE “TERMS”) OR (B) IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. If you do not agree with all of these Terms, or you are not at least thirteen (13) years of age, or you are between the ages of thirteen (13) and eighteen (18) and your legal guardian does not agree with all of these Terms, please do not access and/or use the Site or the Game.
Shiny Shoe may, in its sole discretion, refuse to offer the Game to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Game is revoked in such jurisdictions.
(a) Subject to your compliance with these Terms, Shiny Shoe grants you a limited, non-exclusive, non-transferable, non-sublicense-able, revocable license to access and use the Game solely for your personal non-commercial entertainment purposes. You may not use the Game for any other purpose, commercial or otherwise.
(b) You agree not to: (i) use the Game for any purpose other than as expressly permitted by these Terms; (ii) copy (except to execute the Game on your mobile phone for your personal non-commercial entertainment use), adapt, merge, modify, prepare any derivative works of, reverse engineer, disassemble, decompile, license, sell, stream, distribute or otherwise transfer, or otherwise exploit any materials (including any software) or any portion thereof, provided through the Site or the Game; or (iii) otherwise violate these Terms, including the Code of Conduct described in Section 2 below. Any use of the Site or the Game in violation of these limitations will be considered a breach of these Terms, is cause for immediate suspension and/or termination under Section 10(b) of these Terms, and/or may result in legal action against you.
You agree that you will not (the following restrictions are referred to collectively as the “Code of Conduct”):
(a) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software programs or applications which are designed to modify the Game or Shiny Shoe experience;
(b) exploit, distribute or publicly inform other users of any game error, miscue or bug which gives an unintended advantage or allows impersonation of another person;
(c) disrupt, attempt to, or otherwise assist in the disruption of (i) any computer or network used to provide or support the Game or (ii) any other user’s experience;
(d) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Game or other users’ computers;
(e) promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Game;
(g) publish falsehoods or misrepresentations that could damage Shiny Shoe or any third party;
(h) collect (in an automated manner or otherwise) personal information (including attempting to obtain password or account information) about other users without their written consent, or impersonate or create a false identity (such as a celebrity, website administrator or a Shiny Shoe representative);
(i) remove or obscure any proprietary notices on the Game;
(j) sublease your account to third parties;
(k) improperly use support channels or complaint buttons to make false reports to Shiny Shoe;
(l) use the Game for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or
(m) otherwise create liability for Shiny Shoe.
As between the parties, Shiny Shoe shall own all title, ownership rights, and intellectual property rights in and to the Game, and any copies or portions thereof.
(a) You may access the Game from our Site by registering for an account on our Site. You represent and warrant that all required registration or other information (including your email address) you submit is truthful, complete, and accurate and that you will, at all times, maintain the accuracy of such information. When you sign up for an account, you will be asked to choose a user name and a password for your account. You may not use a username that is used by someone else or that violates the Code of Conduct.
(b) Shiny Shoe may provide, and you may access, the Game through third party social networking websites (“Third Party Affiliated Websites”). If you are accessing the Game through a Third Party Affiliated Website, you must be a registered member of that Third Party Affiliated Website and you must be in compliance with the terms and conditions applicable to that Third Party Affiliated Website in addition to these Terms. If you maintain more than one account on any Third Party Affiliated Website, you may access the Game from only one account on that Third Party Affiliated Website.
(c) You may be able to use your account and/or user ID on Third Party Affiliated Websites to access and use the Game made available through such Third Party Affiliated Website. If the Game requires you to open an account directly with us on our Site, you must complete the registration process as described in Section 3(a) above.
(d) You are responsible for maintaining the confidentiality of your account information (including usernames, screen names, and passwords and billing information). You must notify us immediately of any unauthorized use or theft of your account or any other breach of security with respect to the Game. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by Shiny Shoe or any third party due to someone else using your account. You may not use anyone else’s account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in immediate suspension and/or cancellation of your account without refund.
In some cases, you can make an In-Game Purchase using a stored value (gift card), credit or debit card, PayPal, or other similar accounts (each referred to herein as “Payment Information”) to pay for optional Game features and/or Game upgrades. When you provide Payment Information to us (or our service providers), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. If you order any optional Game features and/or Game upgrades, you agree to pay the applicable fee for such optional Game feature and/or Game upgrade (as set forth in the ordering process) and you hereby authorize us (or our service provider) to charge your selected method of payment using the Payment Information you provided in the ordering process.
Our Site and/or Game may contain advertisements and other promotional content of third parties including links to third party websites or vendors (collectively “Third Party Promotions and Links”), some of which may invite you to participate in promotional offers in return for receiving optional Game features and/or Game upgrades (such as in-game currency). Some of these Third Party Promotions and Links may charge separate fees, which are not included in any fees that you may pay to Shiny Shoe. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and Links, and will not be liable for any claim relating thereto. These Third Party Promotions and Links are not under the control of Shiny Shoe, and Shiny Shoe has no responsibility for, their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions and Links to you only as a convenience and we do not imply any endorsement or recommendation of their content, goods, or services, or of any association of us with such third parties. If you decide to access any of these Third Party Promotions and Links, you do this entirely at your own risk. Third Party Promotions and Links including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
Your interactions with third parties from whose websites or networks the Game is made available or with other users of the Game are solely between you and such third parties and users. You agree that Shiny Shoe will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any such third parties or users, we are under no obligation to become involved. You hereby release and forever discharge us, our directors, officers, employees, agents, successors, and assigns, from, and hereby waive and relinquish, all past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any of your interactions with, or the acts or omissions of, any such third parties or users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
(a) “Game Content” means the software, applications, games, text, graphics, images, sounds, video, and other material, information, or content, perceived, made available from, uploaded to, or otherwise transmitted on or through the Site or Game, and Virtual Currency and Virtual Goods (as such terms are defined in Section 13(a) below), created, acquired or developed as a result of game play. “Feedback” means any feedback, comments, or suggestions you provide Shiny Shoe regarding the Game, Game Content, or the Site, including any responses provided through user surveys.
(b) As between you and Shiny Shoe, you acknowledge and agree that all Game Content and Feedback is the sole and exclusive property of Shiny Shoe. If you are deemed to have retained, under any applicable law, any worldwide right, title or interest (including intellectual property rights) in or to any portion of the Game Content or Feedback, you agree to and hereby do irrevocably and unconditionally assign to Shiny Shoe all of your worldwide right, title and interest (including intellectual property rights) in and to such Game Content and Feedback, without additional consideration. If such assignment is ineffective under applicable law, you hereby grant to Shiny Shoe an exclusive, irrevocable, sublicense-able, transferable, worldwide, perpetual, fully-paid, and royalty-free license, under all intellectual property and proprietary rights, to reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, use and exploit in any manner any and all of the Game Content and Feedback. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Game Content or Feedback.
Shiny Shoe reserves the right, at any time, to modify, suspend, or discontinue the Site or Game, including any content therein, or any parts of the foregoing with or without notice. You agree that Shiny Shoe will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Game, including any content thereon, or any parts of the foregoing with or without notice.
Security is a high priority for us, and we make reasonable efforts to protect your account through the design of our Site and Game, as well as through technical means, including the use of encryption and firewalls. However, no company, including Shiny Shoe, can fully eliminate security risks connected to handling data on the Internet and you acknowledge, understand and agree that we cannot and do not guarantee the security of your account, including your personal information, while it is transmitted over the Internet or stored on our Site or Game.
(a) You may terminate your account on our Site or Game at any time and for any reason by providing notice of termination to us through either of the following methods: by issuing an email with the subject entitled “Termination of Account” to [email protected]. Notice will be deemed given when received by Shiny Shoe. You may terminate the use of the Game from a Third Party Affiliated Website by following the provisions in the terms and conditions applicable to that Third Party Affiliated Website.
(b) We reserve the right to terminate or suspend your account or your access to any or all portions of the Site or Game at any time, for any reason, including your violation or breach of any provision in these Terms.
(c) In the event your account or access to the Site or Game is terminated or suspended whether by you or by Shiny Shoe, you will not be entitled to any refund nor will any Virtual Currency or Virtual Goods be credited or reimbursed to you in any form, including cash, goods, or points, whether in the virtual or “real world,” and you will have no further right to access any of the foregoing or your account. If your account is terminated or suspended by us, we reserve the right to, and you agree that we may, terminate or suspend any of your other accounts and refuse to open future accounts for your use of the Game.
(d) Upon termination, User will no longer access (or attempt to access) the Game. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
USER AGREES THAT THE SITE, GAME, CONTENT AND MATERIALS CONTAINED THEREIN ARE PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS AND LAWS. EXCEPT AS EXPRESSLY AUTHORIZED BY SHINY SHOE IN WRITING, USER AGREES NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT.
User is solely responsible for your interactions with other Game users. Shiny Shoe reserves the right, but has no obligation, to monitor disputes between User and other Game users. If User has a dispute with one or more users of the Game, User shall and hereby does release Shiny Shoe (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
(a) The Game may include virtual, in-game currency, including game coins, game cash, and/or game points or credits (“Virtual Currency”) and/or virtual, in-game digital items (“Virtual Goods”), in each case that may be purchased from Shiny Shoe for legal tender (that is, “real world” money) if you are of legal age in your country of residence.
(b) Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Shiny Shoe or any other person. Subject to your compliance with these Terms, Shiny Shoe grants you a limited, non-exclusive, non-transferable, non-sublicense-able, revocable license to use the Virtual Goods and Virtual Currency within the Game solely for your personal non-commercial entertainment purposes. Except for the foregoing license, you have no right, title, or interest in or to any such Virtual Goods or Virtual Currency, or any other attributes associated with the use of the Virtual Goods or Virtual Currency in the Game or stored within the Game.
(c) Shiny Shoe has the absolute right to manage, regulate, control, modify and/or eliminate any or all Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion. Prices and availability of Virtual Currency and Virtual Goods are subject to change without notice. Shiny Shoe shall have no liability to you or anyone for the exercise of such rights.
(d) Transfers of Virtual Currency and Virtual Goods are strictly prohibited except where explicitly authorized within the Game. You may not buy or sell any Virtual Currency or Virtual Goods outside the Game or in exchange for “real world” money or other items of value. Doing so or any attempt to do so will be a violation of these Terms and may result in a lifetime ban from the Game and possible legal action.
(e) You agree that all sales of Virtual Goods and Virtual Currency are final. No refunds will be given, except in our sole and absolute discretion. You agree that all Virtual Goods and Virtual Currency purchased by you are forfeited if your account is terminated or suspended for any reason or if Shiny Shoe discontinues providing any or all portions of the Game.
(f) You may purchase virtual, in-game currency from Third Party Affiliated Websites (“Third Party Affiliated Website Credits”) in exchange for “real world” money. This is a transaction between you and the third party that owns or operates that Third Party Affiliated Website and Shiny Shoe is not a party. If you purchase Third Party Affiliated Website Credits, you are agreeing to such third party’s terms relating to payment and the Third Party Affiliated Website Credits. Shiny Shoe is not responsible for any issues related to the services provided by such third party to you in connection with the purchase of Third Party Affiliated Website Credits. Once you have completed your purchase of Third Party Affiliated Website Credits, if explicitly authorized within the Game, you may redeem the Third Party Affiliated Website Credits for Virtual Currency or Virtual Goods offered in the Game hosted on such Third Party Affiliated Website. You understand that your rights and limitations with respect to Virtual Currency and Virtual Goods is subject to these Terms and remain unchanged notwithstanding your purchase of such Virtual Currency and Virtual Goods using Third Party Affiliated Website Credits.
THE SITE AND GAME ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHINY SHOE MAKES NO WARRANTY THAT (I) THE SITE AND GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SITE AND GAME WILL MEET USER’S REQUIREMENTS. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO OUR SITE, GAME, OR THE CONTENT THEREIN, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF YOUR FIRST USE OF SUCH SITE, GAME, OR CONTENT. NO WARRANTIES ARE MADE BY ANY OF OUR SUPPLIERS. YOUR ACCESS AND USE OF THE SITE, GAME, AND CONTENT THEREON, IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK UPS OF YOUR USER DATA OR CONTENT.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHINY SHOE WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND ARISING FROM OR RELATING TO (A) THE USE OF OR INABILITY TO USE THE SITE, GAME, OR CONTENT THEREIN, FOR ANY REASON, INCLUDING INTERRUPTIONS OF THE SITE OR SERVICES CAUSED BY SOFTWARE OR HARDWARE FAILURES OR ISP DISRUPTIONS; OR (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, USER CONTENT, GAME PLAY, VIRTUAL CURRENCY, VIRTUAL GOODS, OR OTHER DATA OR INFORMATION, EVEN IF DUE TO DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY US, OR BY YOUR OR BY ANY OTHER USER’S ERRORS AND/OR OMISSIONS.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHINY SHOE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE SITE, THE GAME, OR ANY CONTENT THEREIN, EVEN IF SHINY SHOE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(c) SHINY SHOE’S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS, THE SITE, THE GAME, AND CONTENT THEREIN, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID SHINY SHOE IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE FIRST CLAIM GIVING RISE TO THE LIABILITY.
(d) YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND UNDER OR AS A RESULT OF THESE TERMS OR YOUR USE OF THE SITE, GAME, OR CONTENT THEREON.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in Sections 14 and 15 above may not apply to you.
You are responsible for all of your activity in connection with the Game. You agree to defend, indemnify, and hold Shiny Shoe and its directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”), harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by Shiny Shoe or any Indemnified Party arising out of or related to (a) your access and use of the Site, Game, or content thereon, (b) your violation or breach of any provision in these Terms or your violation of any rights of a third party.
(a) Waiver, Severability and Interpretation. The failure of Shiny Shoe to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. The term “including” means “including without limitation.” Section headings used herein are for convenience only and shall not be given any legal import. You agree that these Terms will not be construed against Shiny Shoe by virtue of having drafted them.
(b) Injunctive Relief. You acknowledge that the rights granted and obligations made hereunder to Shiny Shoe are of a unique and irreplaceable nature, the loss of which shall irreparably harm Shiny Shoe and which cannot be replaced by monetary damages alone so that Shiny Shoe shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
(c) Controlling Law and Jurisdiction. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with these Terms will be brought solely in San Francisco, California, and you consent to the jurisdiction of and venue in such courts. Notwithstanding the foregoing, Shiny Shoe may seek injunctive or other equitable relief to protect its intellectual
property and proprietary rights in any court of competent jurisdiction.
(d) Other Jurisdictions. Shiny Shoe operates and provides the Site and Game from the United States. Shiny Shoe makes no representation that the Site or Game are appropriate or available in other locations. The information provided on the Site or Game is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation of that jurisdiction or country or which would subject Shiny Shoe to any registration requirement within such jurisdiction or country.
(e) Export. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from us, in violation of United States export laws or regulations.
(f) Assignment. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
(g) Entire Agreement. These Terms are the entire and exclusive agreement between Shiny Shoe and you regarding the subject matter hereof, including your use of the Site, Game, and content thereon, and these Terms supersede and replace any prior written or oral agreements regarding the foregoing.
The Digital Millennium Copyright Act provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your work has been copied without your authorization and is available on the Site or in the Game in a way that may constitute copyright infringement, you may provide Shiny Shoe’s Designated Agent listed below with the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(b) a description of the copyrighted work that you claim has been infringed upon;
(c) a description of where the material that you claim is infringing is located on our Site or through the Game;
(d) information reasonably sufficient to permit Shiny Shoe to contact the complaining party, such as address, telephone number, and, if available, an e-mail address, at which the complaining party can be contacted;
(e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the complaining party who is the copyright owner.
Shiny Shoe’s Designated Agent is:
Shiny Shoe, LLC
All trademarks, logos and service marks (“Marks”) displayed on or in the Game are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
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