Terms of Service ("TOS")
Last Updated: 08/05/2020.
As a precondition for using the Services, You must agree to these TOS. If You accept these TOS, You represent that You are of the age of 14 or older. If You are between the ages of 14 and 17 or otherwise do not have the authority to enter into agreements such as these TOS, You represent that Your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.
Unless otherwise specified by a section of an applicable Service, the Services are free to use or download but may contain features that may allow You to make purchases within the Services. In the case where You access the Services from a social networking site ("SNS"), such as Facebook, You agree to comply with its terms of service as well as these TOS.
Puzzle Point may issue additional policies related to specific components of the Services including, but not limited to, forums, contests, sweepstakes or loyalty programs. Your right to use the Services is subject to such relevant policies and these TOS.
Any links to other publicly available websites are provided solely for Your convenience and Puzzle Point makes no warranties, undertakings or representations in relation to such third-party websites and accepts no responsibility or liability for the content or information contained on those other websites, nor does it exert any editorial or other control over those other websites.
Except as required by law, neither Puzzle Point nor its affiliated firms or businesses accept any responsibility and shall not be liable for any damages (direct, indirect, incidental, special, consequential or exemplary), resulting from the use of the Services. This includes, but is not limited to, damages resulting from the use of, or inability to, use of the Services, the Puzzle Point website or its contents or from any interruption or delay in access to the Services or the Puzzle Point website for whatever reason.
Puzzle Point hereby proclaims that, to the fullest extent possible and pursuant to the applicable legislation, shall provide its Services as they stand, without assurances, guarantees or warranties of any kind. The Services may have defects and should be used at Your own risk.
Note also that, simply by sending an e-mail to Puzzle Point does not create a client-business relationship, and none will be formed unless there is an express agreement between the firm and the Client. Therefore, We strongly advise You against sending confidential or privileged information to us until You can establish such a relationship.
For United States residents, these TOS contain in clause 15 a class-action waiver that affects Your rights about how to resolve disputes. If You live in the United States, please read it carefully. Except where You opt out, You agree that You waive Your right to participate in any class-action lawsuit or class-wide arbitration.
Puzzle Point has sought to comply with all legal and ethical requirements in creating the Services. By using or otherwise accessing the Services, You agree to these TOS. If You do not agree to these TOS, You may not use or otherwise access the Services.
1. Permission to Use the Services
You may only use Our Services if You agree to these terms and conditions. If You do not agree to them, You must stop using Our Services.
Puzzle Point is committed to ensuring that any information You provide through use of the Services is as secure as possible and according to the latest data protection laws and regulations enforced within EU. To prevent unauthorised access or disclosure Puzzle Point has in place suitable physical, electronic and managerial procedures to safeguard and secure the information collected online.
Subject to these TOS, Puzzle Point hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for Your personal, non-commercial use. The rights granted to You are subject to Your compliance with these TOS.
Except as previously set forth, You do not receive any other license. Puzzle Point retains all rights, titles and interests in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Puzzle Point's prior written consent. Puzzle Point reserves all rights not expressly granted to You herein.
The Services and its contents are licensed, not sold. You agree that You have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from Puzzle Point or third parties.
We may make changes to these TOS from time to time and we will publish the changes at this link. Changes will be effective when published. Please review these TOS on a regular basis. You acknowledge and agree that you express acceptance of these TOS after the date of publication, which shall constitute your agreement to the updated TOS. If you do not agree with the amended TOS, you may terminate these TOS in accordance with the below provisions.
2. Purchases in the Services
Should You wish to purchase products or services, You will be asked to supply certain information including credit card or other payment information. You agree that all information that You provide will be accurate, complete, and current. You agree to pay all charges, including handling fees, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
Puzzle Point may license to You certain virtual goods to be used within the Service and which You may purchase with "real life" currency or which You may earn or redeem via gameplay (hereinafter referred to as "Virtual Items"). Virtual Items are licensed to You on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use. Virtual Items must never be used in connection with an agreement with other individuals to wager any money or other thing of value. Puzzle Point maintain the right to manage, control, modify or eliminate Virtual Items at any time, with or without notice. Transferring of Virtual Items is prohibited except where this is expressly authorized in the Services, as applicable.
Virtual Items do not have an equivalent value in "real life" currency and are not a substitute for "real life" currency. All in-game Virtual Items may be consumed or lost by players in the course of gameplay according to the Services' rules. Neither Puzzle Point nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Puzzle Point shall not accept liability for hacking or loss of Your Virtual Items. The prices and availability of Virtual Items will be subject to change without notice.
Purchases and redemptions of Virtual Items made through the Services are deemed final and non-refundable. You hereby acknowledge and consent that the provision of Virtual Items for use in the Services, is a process which commences at the time of purchase, and that as soon as the process has commenced, You forfeit Your right of cancelation.
3. Rules of Conduct
You hereby declare and agree that You shall not, under any circumstances:
4. Provision of Services by Third Parties
When using the Services You may use your login information (such as Google Account or Apple ID) to access the Services which automatically allocates You with an anonymised gamer id associated to Your respective Apple ID or Google Account (hereinafter referred to as "Account"). You may use the Services solely for Your personal non-commercial purposes. You shall not share the Account, neither should You let anyone else access the Services through usage of Your Account or do anything else that might threaten the security of Your Account. You are solely responsible for keeping your Account secure, and You will be solely responsible for all uses of Your Account, including any purchases or other changes to Your Account and/or Account status, whether or not authorized by You. You are responsible for anything that happens through the use of Your Account. Puzzle Point will not be responsible for anything that happens through or to Your Account and/or Account status as a result of You allowing any third party to access Your Account. Puzzle Point will presume that anyone logging into Your Account using Your login information is either You or an individual logging in with Your permission. In the event You become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of Your Account information, You must immediately notify Puzzle Point and modify Your Account login information. In the absence of such prompt notification we cannot guarantee the Your Account safety. Puzzle Point accepts no liability for any loss that You may suffer as result of access to Your Account by an unauthorised person and/or by the use of Our Services, and We assume no liability for any loss or harm as a result of such unauthorised use, whether fraudulent or otherwise.
Puzzle Point reserves the right to delete Your Account if no activity is conducted in relation to the Account for 180 days or more. In such case, You will no longer be able to access and/or use any Virtual Items associated with the said Account and no refund will be available to You for the same.
You acknowledge and agree that You have no ownership or proprietary rights in any Account that You create by using any of Our Services. Puzzle Point reserves the right to terminate, suspend, delete or modify any Account, at any moment and without any reason, with or without the provision of any notice.
Accounts that have been inactive or disabled either by You contacting Puzzle Point and requesting the termination of the Account, by You using Puzzle Point's administration tools to terminate the account, or by Puzzle Point's support team due to these TOS or otherwise, may be permanently deleted at least 7 (seven) days, as applicable, after the date of the Account's termination unless you agree to pay Puzzle Point's applicable maintenance fee for the inactive Accounts. For the purposes of this paragraph, the term "applicable maintenance fee" shall mean any monetary purchase of a limited license to use the Virtual Items, subject to these TOS.
6. Content Submission and Contributions by Users of the Services
By using the Services, the users may be able to create content, including, but not limited to, characters, images, gameplay videos, screenshots, gameplay maps, tags, data, or other material (hereinafter referred to as "User Contributions").
In return for the use of the Services, You hereby irrevocably bequest (grant) to Puzzle Point a world-wide, non-exclusive, royalty free, copyright free, everlasting, irrevocable, sublicensable, fully transferrable right and license to use and/or exploit Your User Contributions, in any manner and for any purpose including, but not limited to, right to save, copy, adapt, modify, reproduce, display, publish, transmit, perform, broadcast, circulate, sell or otherwise convey to the public by any available means, current or future, without further notice or reimbursement to You of any kind.
By the creation and submission of content, previously defined as User Contribution, You acknowledge that You may have acquired what are considered as "moral rights", for example the right to be named as the creator of Your submissions and the right not to have work subjected to derogatory treatment. You hereby declare, except where explicitly prohibited by the applicable laws, that You waive any moral rights, the right to object to the derogatory treatment of Your User Contributions, the rights to publication, paternity, reputation or attribution, with regard to Puzzle Point's and of other users exploitation and enjoyment of Your User Contributions relating to the Services under applicable laws. The above explicit grant of license to Puzzle Point, and waiver of any related moral rights, shall survive the termination of these TOS.
You hereby acknowledge that We have no obligation to consider or accept any unsolicited idea or product submission or content of any kind, in any format and by any means of transmission (hereinafter referred to as "Unsolicited Content") that You may submit to Puzzle Point. We urge You not to submit Unsolicited Content to Puzzle Point, its directors, its officials or its employees. Nonetheless, should You opt to submit such Unsolicited Content, it shall not be handled or treated in a confidential manner, irrespective of what You may otherwise declare in Your communication. Furthermore, You acknowledge that Puzzle Point maintains the right to use and exploit Unsolicited Content without any liability to compensate You or any third party. In addition, You bestow to Puzzle Point a world-wide non-exclusive, royalty free, copyright free, everlasting, irrevocable, sublicensable, fully transferrable right and license to use and/or exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content by any available means, current and future, and for any purpose, and to create "derivative works" originating from the Unsolicited Content.
You hereby acknowledge that You must not copy, distribute, release to the public or produce any content which belongs to any other user of Puzzle Point's Services. Where You have become aware of or believe that Your intellectual property rights have been infringed by somebody else over the internet, You may contact Puzzle Point by email and providing the below information at email@example.com:
7. Interaction between Users
Puzzle Point shall not be liable for the behaviour of users of its Services and assumes no liability for inappropriate user behaviour or content. Puzzle Point has no responsibility for monitoring the Services and cannot review or pre-screen all communication content or conduct of the users of the Services. You accept that by using the Services, You do so at Your own risk.
During the use of Puzzle Point's Services, it is possible to encounter conduct or content that is offensive, indecent and/or not in line with Our values. Puzzle Point may employ technologies to monitor and record user interaction with the Services and communications within the Services including, but not limited to, text, voice or images. You hereby irrevocably consent to such monitoring and reviewing, and agree that You do not anticipate that any information of any content that is transmitted within the Services is subject to privacy restrictions, including, but not limited to, text, voice or image communications.
You hereby acknowledge that Puzzle Point reserves the right, acting under its sole discretion, to inspect, monitor, review, delete, prohibit, edit or disable access to content or to otherwise make any content unavailable to the users of the Services, without prior notice or justification and at any moment. Puzzle Point may at any time, at its sole discretion monitor its Services, yet it assumes no liability for content made available by users of the Services and is under no obligation to rectify or remove any content that Puzzle Point deems as inappropriate.
8. Breach of these Terms of Service
Without limitation to any therapies available to Puzzle Point, if Puzzle Point reasonably believes that You are in material breach, including, but not limited to ostensibly minor breaches of these TOS, Puzzle Point reserves the right to proceed to the following measures, whether independently or in combination and with or without notice to You:
You hereby acknowledge that You may be required to compensate Puzzle Point, as permitted by law, for any loss, harm, claim and expense that may result from the breach of these TOS by You.
9. Availability of the Services
Notwithstanding anything to the contrary, You acknowledge and accept that Puzzle Point may suspend or terminate the Services in whole or in part, and undertake any actions or measures to prevent users from accessing the Services, if Puzzle Point considers that the users are deemed to create potential legal risks and liabilities, infringe intellectual property rights of third parties, or where users' actions are not in compliance with these TOS.
Puzzle Point maintains the right to stop offering the Services and/or offering support for the Services or for certain segments of the Services, for example a game or a feature of a game, at any given moment. In such case, Your license to use the Services or parts of the Services will be discontinued immediately and without notice. Puzzle Point is under no obligation to provide refunds for Virtual Items, or other items with reference to the terminated Services, except where this is prescribed by the relevant legislation.
10. Limitation of Liability
Puzzle Point hereby proclaims that it shall be by no means liable for special, incidental or consequential damages as a result of access, use or malfunction of the Services, including, but not limited to, damage to property, device malfunction or failure, and to the level that may be permitted by the applicable laws, damages for personal injury, damage to property, lost profits or punitive damages resulting from or relating to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Puzzle Point has been advised of the possibility of such damages.
For the purposes of this clause 10 "Limitation of Liability", the licensors, associates, partners and any other third-party beneficiaries to these limitations, may enforce these TOS against You.
You hereby accept to indemnify, defend and hold Puzzle Point, Puzzle Point´s officers, directors, employees, associates, agents, subsidiaries and joint ventures harmless from including, without limitation, any claim, demand, damages, direct loss, loss of business or profits or other losses, including reasonable attorneys' fees, claimed by any third-party as a result from Your use of the Services, or following any breach by You of these TOS. Nonetheless, the above shall not be applicable where the third-party claim is not credited to Your intentional or negligent behaviour.
Puzzle Point does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of Your statutory rights as a consumer are affected.
11. Intellectual Property Rights
You hereby acknowledge that all trademarks, copyrighted material and other intellectual property rights in or relating to Our Services, other than content owned by users of the Services, User Contributions and Unsolicited Content, is owned by or licensed to Puzzle Point.
Provided that You are compliant with these TOS, Puzzle Point grants to You a personal, non-transferable, non-exclusive, non-sublicensable, revocable limited license to use and/or access Our Services, solely for Your own personal private use, and in any case with the purpose that such use is in line with these TOS. You recognize that You shall not make use of Our Services for any other purpose. The present TOS shall apply to any updates, supplementary TOS or conditions and patches that may be made available for any of the Services, and any such updates, supplementary TOS or conditions and patches shall be regarded as part of the Services for the purposes of these TOS.
You hereby acknowledge and agree, that the license provided for the Services, including any online Accounts and Virtual Items, shall in no way amount to ownership rights or any form of proprietary interest in any of Our Services. You may not copy, modify, sublicense, distribute, make available to the public or create derivative works from Our Services, unless We have previously provided Our explicit agreement in writing.
Moreover, and without limitation to the application of the aforesaid, You should not make use of any "cheats" including, but not limited to cheat codes, tips, guides or technical means with the intention of controlling the access to, or aspects of Our Services, including the provision of access to any Virtual Items and/or goods, whether intending to obtain financial gains or otherwise.
By submitting User Contributions, as defined in clause 6, through the use of Our Services, You:
12. Links to Third-party Products and Services
13. Changes to these TOS
You can find these TOS at any time by visiting https://puzzlepoint.com/terms-of-service.html.
Puzzle Point reserves the right to update these TOS from time to time in compliance with possible amendments to the legal and regulatory framework, products and services, as well as for any technical reasons, by posting the updated version at the above address. As soon as Puzzle Point updates these TOS, We shall take the appropriate measures to inform You via the Services or otherwise, depending on the importance of the amendments.
You hereby acknowledge that if You do not accept any of the amendments to Our TOS, You should immediately cease accessing and/or using Our Services. If You continue accessing and/or using Our Services after any updates become effective, We shall presume that You agree to be bound by the updated TOS.
14. Jurisdiction and Governing Law
Our Services are made available subject to these TOS. This clause describes which law applies to these TOS.
You hereby acknowledge that all disputes between You and Puzzle Point shall be governed by the laws of the Republic of Cyprus, irrespective of conflict of law provisions. You hereby acknowledge that Your use of these Services and these TOS are governed by the laws of the Republic of Cyprus, the courts of which shall have exclusive jurisdiction over any disputes arising from the use of the Services. However, We reserve the right to seek a cancellation of any injunction relief in any jurisdiction where We deem it necessary.
These TOS are governed by and construed in accordance with the applicable laws of the Republic of Cyprus, without regard to its conflicts of law provisions, including those that might imply the use of law of another jurisdiction. You agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to any dispute or transaction arising under these TOS.
15. Class Action Waiver
IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, BY ACCEPTING THE TERMS, YOU AND PUZZLE POINT HEREBY AGREE: (i) THAT EACH CLAIM IS PERSONAL TO YOU AND PUZZLE POINT, AND SHALL ONLY BE CONDUCTED AS AN INDIVIDUAL COURT PROCEEDING, AND NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION; (ii) EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS; AND (iii) THE COURT MAY ONLY CONDUCT AN INDIVIDUAL COURT ACTION, MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING RELATING TO SUCH CLAIMS. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (AS DESCRIBED BELOW), YOU AND PUZZLE POINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
A. Severability of Class Action Waiver
You and Puzzle Point agree that, no provision of this Class Action Waiver shall be enforceable against You or Puzzle Point and all claims shall be governed by Governance Law and Jurisdiction provisions of these Terms, below, in the event either: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to any сlaim; or (ii) You submit a proper Opt Out Notice, wherein You have elected to opt out of this Class Action Waiver. In no event may the severance of the Class Action Waiver be interpreted or deemed to constitute consent by You or Puzzle Point to participate in a class action.
B. Opt Out Procedure
You have the right to opt out and not be bound by the foregoing Class Action Waiver, by sending a written notice of Your election to opt out from such Class Action Waiver (hereinafter referred to as the "Opt Out Notice"), in strict compliance with the following requirements:
If any provision of these TOS (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the TOS without affecting the legality, validity or enforceability of the remainder of the TOS.
The failure by Puzzle Point to exercise, or delay in exercising, a legal right or remedy provided by these TOS or by law shall not constitute a waiver of Puzzle Point's right or remedy.
We may make changes to these TOS from time to time and we will publish the changes at this link. The changes will be effective when published. Please review these TOS on a regular basis. You acknowledge and agree that Your express acceptance of these TOS after the date of publication shall constitute Your agreement to the updated TOS. If you do not agree with the amended TOS, You may terminate these TOS in accordance with the set forth below.
If We are unable to provide the Services as a result of force majeure, We will not be in breach of any of its obligations towards You under these TOS.
16. Assignment, Severability and Entire Agreement
If any part of these TOS is held to be invalid or unenforceable under any applicable local laws or by a competent court, such provisions will be limited in a manner consistent with applicable law or excluded to the minimum extent necessary, and the remainder of these TOS shall remain in full force and effect. Failure by Puzzle Point to enforce any rights or provisions of these TOS, should not be considered in any case as a waiver of such right or provision. In the case where it is not possible to interpret an invalid or unenforceable part of these TOS in a way that is consistent with applicable law, then that part shall be deemed deleted from these TOS without affecting the remaining provisions of these terms.
17. Questions about these TOS
If You have any questions about these TOS or our Services you may contact us by email at firstname.lastname@example.org.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TOS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FOR THE SERVICES. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TOS, AND YOU GRANT TO PUZZLE POINT THE RIGHTS SET FORTH HEREIN.