Terms of Service
These Terms of Service (the “Terms”) and our Privacy Policy available at http://prettypoppys.com/policy/privacy.html govern the relationship between you and Pretty Poppy Games. (“Pretty Poppy Studio”, “our”, “we” or “us”) relating in any way to your use of our Services. Pretty Poppy Games, not Apple, are solely responsible for these terms and the content thereof.
(the “Site”), mobile applications (each a “Game”, collectively “Games”), and any related services and content.
1. Agreement to Terms
By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services. The purchased app can be shared with other accounts associated with the buyer through family sharing
2. Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications via the Services. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or via the Services, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Site or the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3. Limited License; Who May Use the Services
3.1 Limited License Grant. Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
3.2 Eligibility – You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law.
If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.
You may not use our Services if you are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
3.3 Registration and Your Information – It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. You agree that you won’t disclose your account password to anyone and you’ll notify us immediately of any unauthorized use of your account. You’re responsible for all activities that occur under your account, whether or not you know about them.
4. Intellectual Property Rights
Except for the limited license granted above, we and our licensors retain all right, title and interest in and to the Services, including the technology and software used to provide the Services. The Services are protected by copyright, trademark and other laws. If you violate these Terms, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms (including by seeking injunctive relief). In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Services.
If you provide us with any suggestions for enhancement or feedback regarding the Services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Services, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback.
Apple will not be responsible for the investigation, defense, settlement and cancellation of any such intellectual property infringement claims.
5. Privacy Policy
Please refer to our Privacy Policy available at http://prettypoppys.com/policy/privacy.html for information on how we collect, use and disclose information from you, your computer and your mobile device. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in our Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services.
6. User Content
We may permit you or other users to submit, upload, publish, transmit, or otherwise make available to us materials, data, information, communications, pictures and sounds using the Services (“User Content”). Your User Content remains your property. However, once you make User Content available, you thereby grant to Pretty Poppy Studio an irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free, worldwide right and license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with the Services, including marketing and promotion of the Services, without notice to or consent from you, and without compensation to you or any other person or entity. You further hereby grant to Pretty Poppy Studio the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material submitted or transmitted to Pretty Poppy Studio in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether User Content is altered or changed in any manner.
As a user, you are personally and solely responsible for all information posted and/or sent, transmitted, or provided to others by you in connection with our Services, including but not limited to User Content posted in forums, blogs, and player chat features. Please do not use these mediums to share or post information you wish to remain confidential. You represent, warrant, and affirm that your User Content is accurate, that it does not violate any applicable laws or rights of others, that you have the appropriate permissions or rights from any third parties whose information or intellectual property is comprised in the User Content, and that such User Content is free of malware, viruses, adware, spyware or any malicious code. You agree not to submit and/or transmit any User Content that is unlawful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable or inappropriate. We do not assume any liability or responsibility for any user behavior or for monitoring User Content or conduct in connection with the Services. We may, but are not obligated to, review, monitor, reject, deny, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
7. Code of Conduct and Our Enforcement Rights
7.1 Code of Conduct.
When you access or use any Service, you agree that you will not:
- Violate any law, rule or regulation.
- Interfere with or disrupt another player’s use of a Service. This includes disrupting the normal flow of game play, chat or dialogue within a Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
- Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
- Contribute User Content or organize or participate in any activity or group that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.
- Publish, post, upload or distribute User Content or content that is illegal or that you don’t have permission to freely distribute.
- Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Pretty Poppy Studio (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
- Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
- Impersonate another person or falsely imply that you are a Pretty Poppy Studio employee or representative.
- Improperly use in-game support or complaint buttons or make false reports to Pretty Poppy Studio staff.
- Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on the Services.
- Make use of any payment methods to access or purchase Services for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offence or other unlawful activity.
- Use any robot, spider or other automated device or process to access this website for any purpose or copy any material on this website.
- Use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- Modify any file or any other part of the Services that Pretty Poppy Studio does not specifically authorize you to modify.
- Use exploits, cheats, undocumented features, design errors or problems in a Service.
- Use or distribute counterfeit software or content, including virtual goods.
- Attempt to use a Service on or through any service that is not controlled or authorized by Pretty Poppy Studio.
- Sell, buy, trade or otherwise transfer or offer to transfer your Pretty Poppy Studio account, any personal access to the Services, including Pretty Poppy Studio Virtual Items and other entitlements, either within a Service or on a third party website, or in connection with any out-of-game transaction, unless expressly authorized by Pretty Poppy Studio.
- Use a Service in a country in which Pretty Poppy Studio is prohibited from offering such services under applicable export control laws.
- If a Service requires you to create a “user name” or a “persona” to represent you in game and online, you should not use your real name and may not use a user name or persona that is used by someone else or that Pretty Poppy Studio determines is vulgar or offensive or violates someone else’s rights.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of a Service.
- Use information about users publicly available in any Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
- Interfere with or disrupt any Service or any server or network used to support or provide a Service, including any hacking or cracking into a Service.
- Use any software or program that damages, interferes with or disrupts a Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
- Promote, encourage or take part in any prohibited activity described above.
8. Your Interactions with Other Users
You are solely responsible for your interactions with other players with whom you interact through any Game. If you have a problem with another player, we are not required to get involved, but we can if we desire. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting us access to any portion of your account.
If you have a dispute with another player, you release us (and our employees, officers, directors, agents, affiliates and joint ventures) from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.
9. Warranty
We must be solely responsible for any product warranties. In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Pretty poppy games is solely responsible for providing any maintenance and support services related to the licensed application. The Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
We are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.
10. Legal Compliance
You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
12. Indemnity
If you violate the law or breach these Terms, and your violation or breach results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us.
13. Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OR AVAILABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE IN THE SERVICES.
14. Limitation of Liability
YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF Pretty Poppy Studio IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID Pretty Poppy Studio ANY AMOUNT IN SUCH SIX (6) MONTH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Pretty Poppy Studio IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT IF YOU HAVE ONE.
Certain jurisdictions do not allow some of the exclusion of certain warranties and liability set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
15. Dispute Resolution
If you are having a problem with a Service, many issues can be resolved on one of our forums. You may find resolution by clicking on the “Support” or “Contact Us” link on that Service within settings or by emailing blushingrosemary@163.com. Before initiating any arbitration or court proceeding, first contact our support team to address your issue. Most disputes can be resolved that way.
16. General Terms
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17. Contact Information
If you have any questions about these Terms or the Services, please contact us at blushingrosemary@163.com.