Crunchy Games Inc. (the "the Company," or "we," or “us”) provides a Website and Services as a means to communicate with its users and to provide the public with information about the Company's business.
1. General Use Restrictions
The information, documents, products and services provided on and through this Site, including content, logos, graphics and images (collectively, the “Materials”) are provided to you by us and are the copyrighted and/or trademarked work of the Company.
The Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use this Website solely for your own personal use. You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. All rights not expressly granted to you are reserved by the Company. There are no implied rights.
This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
2. Password Restricted Areas of this Site
You may need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify the Company if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
3. Electronic Communications
By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with the Company. You agree that any notices, agreements, disclosures or other communications that the Company send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You may submit artwork, photos, videos, graphics, sounds or other content or material to the Company (each a “Submission”). You agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant the Company a perpetual, irrevocable, worldwide, fully-paid, royalty-free license, with full rights of sublicense, to use, reproduce, display, perform, modify, create derivative works of, and otherwise fully exploit your Submissions in any manner and medium (now or hereafter existing).
You further agree not to upload, post or otherwise make available any third party artwork, photos, videos, graphics, sounds or other content or material (collectively, “Content”) that is protected by copyright, trademark, or any other proprietary right without the express permission of the owner, and the burden of determining whether any Content is protected by any such right is on you. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make, and you hereby agree to indemnify and hold harmless the Company from all liabilities, losses, damages, expenses (including attorneys’ fees), costs, damages, judgments and awards suffered or incurred by the Company in connection therewith.
You represent and warrant that: (i) you own all Submissions posted by you or otherwise have the right to grant the ownership to the Company set forth in this section, and (ii) the posting of your Submissions does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions provided by you.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Use racially, ethnically, or otherwise offensive language
- Discuss or incite illegal activity
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated)
- Post anything that exploits children or minors or that depicts cruelty to animals
- Post any copyrighted or trademarked materials without the express permission from the owner
- Disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation or unwanted content or materials
- Use any robot, spider, scraper or other automated means to access the Site
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
This list of prohibitions provides examples and is not complete or exclusive. the Company reserves the right to (a) terminate your access to your account, your ability to post to this Site (or use the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. the Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require the Company to monitor, police or remove any Submissions or other information submitted by you or any other user.
5. Unauthorized Activities
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas and your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
6. Proprietary Rights
Crunchy Games and StarBreak are trademarks or pending trademarks of the Company in the United States and the European Union. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Company. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
7. Copyright and Trademark Infringements
the Company respects the intellectual property rights of others, and the Company ask you to do the same. the Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide the Company’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company to locate the material
- Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By mail: Crunchy Games Inc. 201 San Antonio Cir. STE 120 Mountain View CA, 94040
By phone: (650) 492-8120
By e-mail: email@example.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
8. Disclaimer of Warranties
Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor any potential Third Party Content have been verified or authenticated in whole or in part by the Company, and they may include inaccuracies or typographical or other errors. the Company does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. the Company has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by the Company or our licensors.
The Company, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF any type or kind, and the Company, on behalf of itself and its licensors, hereby disclaims and excludes all warranties, whether statutory, express or implied, including, without limitation, any IMPLIED WARRANTY OF title, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. the Company DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
9. Limitation of Liability
To the maximum extent permitted by law, IN NO EVENT SHALL the Company BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF the Company KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL the Company’s liability for damages exceed $100.
10. System Outages
The Company periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that the Company has no responsibility and is not liable for: (a) the unavailability of the Websites or Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Websites or Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any allegation that any Submission or other information you post, submit to us or transmit to the Websites or through a Third Party Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username or Account, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use of the Websites, the Materials, including any Services available on Third Party Platforms, or Submissions; (d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines posted, submitted or transmitted by you to the Websites, in the Services, or on any Third Party Platform; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
12. Notice for California Users
Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210
13. Local Laws; Export Control
the Company controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, the Company may terminate and/or suspend your access to this Site without notice. the Company prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by the Company, may result in immediate termination of California state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern all matters arising out of or relating to this contract. Any disputes relating to these Terms or this Site brought by you must be heard in the courts located in California. If any of these Terms is found to be illegal or inconsistent with applicable law, then such term shall be interpreted to reflect the economic effect of the offending provision, and other terms will remain unmodified and in full force and effect. the Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and the Company with respect to the subject matter hereof, and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Company about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Notwithstanding anything to the contrary in these Terms of Service, the Company reserves the right to change these Terms of Service at our sole discretion.
The Company may collect information from or about you depending on the manner in which you use Crunchy Games' website, servers, game client, and other related services (collectively ‚Äúthe Service‚Äù). Accordingly, the Company has developed this Policy for you to understand how the Company collects, uses, communicates, discloses, and makes use of the collected information.
1. Information You Provide Directly
When you use the Service the Company will collect any information you provide to us directly, such as the following:
a. Registration Information
The Service requires that you provide information such as an e-mail address username in order to register. The Company will collect and store any and all information without limitation that is provided to us during the registration process in order for us to confirm your identity and to protect your account form unlawful access.
b. Profile Information
The Service also provides you with opportunities to include additional and optional information about yourself, including but not limited to your real name, and other information that you would like to provide. The Company will collect and store any and all information without limitation that you provide in your profile so that the Company may better understand more about who you are.
c. Public Postings and Shared Content
d. Communications and Support Requests
If you contact us for assistance or to report a problem, concern, potential abuse or other issue regarding the Service, or a user, or for other reasons, the Company may collect and store your contact information, communication, or other information about you, including but not limited to your name, e-mail address, user name, location, activity, and the Company reserves the right to conduct further research and obtain further information as necessary. The Company will use the information to respond to you, research your request or communication, and in accordance with provisions of this Policy.
In general, the Company will not intentionally disclose any of the above information that you provide to us to third parties unless required to do so by state or federal law. In addition, the Company will not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through automation, described below, unless required to do so by state or federal law.
2. Technical and Usage Information Collected Through Automation
When you access the Service our servers automatically record, and the Company automatically collects, certain information by automated means. This information may include without limitation: (a) technical information about your computer such as your IP address, operating system type, browser, domain and other systems information as further explained in this Policy; and (b) usage statistics about your interaction with the Service, information about your game play and interaction with other users, portions of the Service used or visited, and other information regarding your use of the Service and Service.
This technical information and usage data is collected through the use of server log files and tracking technologies, including without limitation: cookies, which are small files that websites send to your computer or Wireless Device to uniquely identify your browser or mobile device or to store information in your browser setting.
a. Google Analytics
The Company uses Google Analytics Demographics and Interest Reporting to understand how the Service is being used in order to improve user experience. In general, the Company will disclose technical and usage information to Google only to the extent necessary to generate meaningful analytics. The user data collected and shared in this manner is all anonymous. You can find out more about Google‚Äôs position on privacy regarding its analytics service at https://support.google.com/analytics/answer/6004245
. Users may set the Do-Not-Track Flag, but the Company reserves the right to ignore this setting should the need arise. Also, users may install a Google analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout/