Terms of Service

Effective Date: December 1, 2012

ACCOMPLICE PRODUCTIONS TERMS OF SERVICE

These Accomplice Productions Terms of Service (“Terms of Service”) govern the relationship between you and Accomplice Productions LLC (hereinafter “Accomplice,” “us,” “we” or “our”) in connection with your use of the social games we offer for the web and for mobile devices, including TicStacToe (the “Service”)

Please read these Terms of Service carefully because they govern your access to and use of the Service and set forth legally binding terms applicable to your use of our Service.

BY CREATING AN ACCOUNT TO USE THE SERVICE, OR BY OTHERWISE ACCESSING, VISITING OR USING THE SERVICE, OR PLAYING ONE OF THE GAMES OFFERED THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE OUR SERVICE.

You may be able to purchase or access the Service through a third party service that provides a gateway to the Service (a “Gateway Service”), such as Facebook or iTunes, in which case you may have a separate, additional account relationship with that Gateway Service. Your relationship with the Gateway Service in no way modifies, lessens or alters your obligations under these Terms of Service. Access to the Service through a Gateway Service may be made available or discontinued at our discretion. Gateway Services are not partners or representatives of Accomplice and Accomplice is not responsible for the acts or omissions of a Gateway Service in connection with your account with the applicable Gateway Service.

  1. Eligibility. The Service is not intended for use by children under the age of thirteen (13) and you may not register to use the Service if you are under the age of thirteen (13). If you are not at least thirteen (13) years old, please do not register to use the Service.

  2. Privacy Policy. In connection with your use of the Service, please review our Privacy Policy located at http://www.accompliceproductions.com/legal/privacy-policy/ in order to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by accepting the Terms of Service, you
    agree to be bound by the terms of the Privacy Policy, and agree that we may use information collected from you in accordance with the Privacy Policy.

  3. Registration. In connection with your use of the Service, you may be asked to register through the Service and select a password and user name (“User I.D.”). You may not: (a) select or use as a User I.D. a name of another person with the intent to impersonate that person; (b) use as a User I.D. a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a User I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel a User I.D., in our sole discretion. You shall be responsible for maintaining the confidentiality of your password. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

  4. Limited License to Use the Service. Subject to your agreement and continuing compliance with these Terms of Service, Accomplice grants you a non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms of Service, to access and use the Service solely for your own non- commercial entertainment purposes. You agree not to use the Service for any other purpose.

    Any use of the Service in violation of these Terms of Service and the limitations on use described in these Terms of Service, can result in the immediate revocation of the foregoing limited license, and may subject you to liability for violations of law.

    Accomplice reserves the right to stop offering and/or supporting the Service or a game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or the applicable part of the Service will be automatically terminated or suspended. If this happens, except as required by applicable law, Accomplice shall not be required to provide refunds, benefits or other compensation to users in connection with the discontinued elements of the Service.

  5. Purchases of Virtual Products. As part of the Service you may purchase, with “real world” money, a license to use products that are “virtual” in nature and that can only be accessed through your Accomplice account. The pricing applicable to virtual products will be presented to you at the time of purchase. Accomplice may revise the pricing for the goods and services it licenses to you through the Service at any time. You agree to pay all fees and applicable taxes incurred by you in connection with the Service. Virtual products licensed through the Service may never be redeemed by you for “real world” money, goods, wares, merchandise, services, or anything of monetary value from Accomplice or any other person. Any purchases or redemptions relating to virtual products licensed through the Service are non-refundable unless required by applicable law.

  6. Restrictions on Use. The following restrictions apply to the use of the Service:

    1. You shall not access the Service if you are under the age of thirteen (13);

    2. You shall monitor your Accomplice account to restrict use by minors, and you will deny access to children under the age of thirteen (13). You accept full responsibility for any unauthorized use of the Service by minors in connection with your Accomplice account, including any use of your credit card or other payment instrument;

    3. You shall not be entitled to use the Service if you have previously been removed by Accomplice or previously been banned from playing any Accomplice game;

    4. You shall not use the Service 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;

    5. You shall use the Service only for non-commercial purposes;

    6. You shall not use the Service to engage in any illegal conduct;

    7. If you access the Service through a Gateway Service you shall comply with its terms of service/use as well as these Terms of Service;

    8. You shall not have more than one Accomplice account at any given time;

    9. You shall not create an account using a false identity or information, or on
      behalf of someone other than yourself; and

    10. You shall not use the Service if you are a convicted sex offender. In addition, you agree that you will not, under any circumstances:

    11. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Service, our game rules, game mechanics or policies;

    12. Make improper use of Accomplice’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel;

    13. Use, or design or assist in the design of, cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Accomplice game experience;

    14. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;

    15. Attempt to gain unauthorized access to the Service, 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 Accomplice, 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, or software that is part of the Service;

    16. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Accomplice employees, including Accomplice’s customer service representatives;

    17. Without Accomplice’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring any part of the Service for sale;

    18. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;

    19. Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Accomplice game characters, elements, or environment. Accomplice may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

    20. Make any automated use of the Service, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

    21. Bypass any robot exclusion headers or other measures we employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;

    22. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Accomplice;

    23. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Accomplice;

    24. Copy, modify or distribute rights or content from any Accomplice site or game, or Accomplice’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;

    25. Solicit, collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or

    26. Upload or transmit or attempt to upload or transmit, without Accomplice’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

  7. Management of the Service. You acknowledge that we reserve the right, but have no obligation, to (A) take appropriate legal action against anyone who, in our reasonable determination, violates these Terms of Service, including, without limitation, reporting you to law enforcement authorities, (B) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Service, and (C) otherwise manage the Service in a manner designed to protect the rights and property of Accomplice and users of the Service and to facilitate the proper functioning of the Service.

  8. Use of the Service. The Service and its contents and the trademarks, service marks and logos contained on the Service, are the intellectual property of Accomplice or its licensors and constitute copyrights and other intellectual property rights of Accomplice or its licensors under U.S. and foreign laws and international conventions. The Service, its contents and any data generated or produced using the Service may only be used for your informational, personal, non-commercial use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of Accomplice.

    You agree not to engage in the use, copying or distribution of the Service, any of its contents or any data generated or produced using the Service for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Service. We may, but are not obligated to, periodically provide updates to the Service to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Service or to any contents contained on the Service. All rights not expressly granted in these Terms of Service are reserved by Accomplice.

  9. Interactions between Users. You are solely responsible for your interactions (including any disputes) with other users of the Service. Even if we choose to offer report user, block user, or similar features on the Service, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in use of the Service. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you decide to meet another user offline, or in person.

  10. Cancellation by You. You may cancel your account with us at any time by contacting us using the contact information in Section 29 below. Following cancellation you will no longer have access to the Service.

  11. User Content. You shall be solely responsible for any data, information, text, messages, or other materials you upload or submit to the Service (“User Content”). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party; and will not cause injury to any person or entity. You are solely responsible for the User Content you submit in connection with the Service, and Accomplice assumes no liability for any User Content submitted by you. For any User Content you submit, you grant to Accomplice a non-exclusive, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, and distribute such User Content
    all without compensation to you, solely as necessary to provide the Service. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.

  12. Third Party Advertising.
    You understand that the Service and Accomplice games may feature advertisements from Accomplice or third parties. Accomplice’s disclosure of information for purposes of third party advertising is addressed in the Accomplice Productions LLC Privacy Policy located at: http://www.accompliceproductions.com/legal/privacy-policy/
    Accomplice may provide links on the Service to third party websites or vendors. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Accomplice makes no representation or warranty regarding
    any content, goods and/or services provided by any third party even if linked to or from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Accomplice and may collect data or solicit personal information from you. Accomplice is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Accomplice of these linked sites.

  13. Disclaimer of Warranties. THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE SERVICE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, IS PROVIDED “AS IS”. ACCOMPLICE DOES NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ACCESSED ON OR THROUGH THE SERVICE AND ACCOMPLICE EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THE SERVICE. NO WARRANTY OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH ANY INFORMATION, MATERIALS, OR SERVICES PROVIDED THROUGH THE SERVICE.

    SOME STATES RESTRICT DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

  14. Limitation of Liability. IN NO EVENT SHALL ACCOMPLICE BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF ACCOMPLICE OR ITS THIRD PARTY SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL ACCOMPLICE’S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED $100.

    APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO
    YOU.

  15. Indemnification. You agree to defend, indemnify and hold Accomplice harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Service other than in accordance with these Terms of Service.

  16. Governing Law and Jurisdiction. You agree that your use of the Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law rules.

  17. Arbitration Agreement and Waiver of Class Remedies.

    1. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach) and the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.

      The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

    2. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

    3. Exception – Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

    4. Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Section by sending written notice of your decision to opt-out to the following address: moc.snoitcudorpecilpmoccanull@tuotpo. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.

  18. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms of Service to Accomplice are of a unique and irreplaceable nature, the loss of which shall irreparably harm Accomplice and which cannot be replaced by monetary damages alone. Accordingly, Accomplice shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

  19. Amendments. These Terms of Service may be amended by us from time to time. We will post any material changes to these Terms of Service on the Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. You may cancel your account prior to the end of the applicable thirty (30) day period by contacting us using the contact information in Section 29 below. If you choose to cancel your account within this thirty (30) day period, you will not be bound by the terms of the revised Terms of Service but will remain bound by these Terms of Service.

  20. No Oral Modifications. Employees of Accomplice are not authorized to modify these Terms of Service, either verbally or in writing. If any employee of Accomplice offers to modify these Terms of Service, he or she is not acting as an agent for Accomplice or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Accomplice or anyone else purporting to act on our behalf.

  21. No Third Party Beneficiaries. These Terms of Service are between you and Accomplice. There are no third party beneficiaries.

  22. Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have
    any authority of any kind to bind Accomplice in any respect whatsoever.

  23. Non-Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  24. Force Majeure. Accomplice shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Accomplice’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation.

  25. Severability. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.

  26. Assignment. These Terms of Service are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Service and our related rights and obligations without obtaining your consent.

  27. Entire Agreement. These Terms of Service supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service or its contents. Modifications to the Terms of Service that are not posted on the Service are not valid unless made in writing and signed by our authorized representative.

  28. Notices. You consent to receive notices and other communications regarding these terms and conditions and/or other aspects of the Service through posting of notices on the Service. You agree that all agreements, notices, disclosures, and other communications that Accomplice provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.

  29. Contact Us. If you have any questions about these Terms of Service or your account, you may contact us by email at moc.snoitcudorpecilpmoccanull@stnuocca, or by postal mail at Accomplice Productions, LLC, 32 West 22nd Street, New York, NY 10010, Attention: Accounts.