Effective Date, October 8, 2012
Terms of Service
These Terms of Service (“Terms”) are a legally binding agreement between Idle Games, Inc. (“Idle Games”) and you. By accessing our using games and related services provided to you by Idle Games through our web site, social networking web sites or any mobile versions thereof (“Services”), you agree to be bound by these Terms. You further agree that you have read, understand, and accept these Terms by your use and continued use of the Services.
Your Right to Use the Services
Subject to your compliance with these Terms, Idle Games grants to you a non-exclusive, personal, non-transferable and revocable limited license to access and use the Services solely for your own non-commercial entertainment purposes by accessing the Services through a web browser or mobile device. You explicitly agree that you will not use the Services for any other purpose.
Idle Games expressly reserves the right to deny anyone access to the Services at any time for any reason. You agree that Idle Games may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability.
You represent that you are 13 years old or older. YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to these Terms.
Our Right to Terminate Services
Idle Games reserves the right to cancel, suspend or terminate your account(s) and/or use of the Services at any time for any reason, and we also reserve the right to terminate your account(s) and/or use of the Services at our sole discretion for what we determine to be your breach or violation of these Terms. If your account(s) and/or use of the Services is cancelled, suspended or terminated, you will not be entitled to a refund nor reimbursement for any loss including, but not limited to, Facebook Credits, in-game currency and/or points. Idle Games reserve all rights to issue warnings to you of your violation of the Terms, and/or immediately terminate or suspend your account(s) if you violate these Terms. You agree that Idle Games need not provide you notice before terminating or suspending your account(s) and/or use of the Services even though Idle Games may still do so.
Intellectual Property Ownership
Idle Games is the sole and exclusive owner of all intellectual property rights related to the Services including, but not limited to, all copyright, patent, trademark and any other intellectual property rights in the Services. These intellectual property rights include, without limitation, all games, programs, tools, source codes, object codes, content, files, updates, modifications, derivative works, instructions and other materials, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, user accounts, passwords, virtual currency, virtual goods, concepts, technology, architecture, logic, structure, organization, themes, symbols, methods of operation, and other materials, all of which are protected by U.S. and international copyright laws, and may not be reproduced, modified, distributed, transmitted, displayed, performed, rented, altered, stored for subsequent use, republished or used in any manner without the prior written consent of Idle Games. Any use of the materials appearing in the Services not expressly authorized by these Terms is a violation of copyright, trademark, and other applicable laws, and may result in criminal prosecution or civil penalties.
The Services may include virtual in-game currency (“Currency”), which may constitute currency, points, standings, rankings, ratings, or other attributes appearing in, originating from or related to the Services that may be acquired for real world currency if you are an adult of legal age in your resident country. The Services may also include points, standings, rankings, ratings, or any other digital items appearing in, originating from or related to the Services (“Goods”) that may be purchased from Idle Games for real world money or exchanged for Currency if you are an adult of legal age in your resident country.
Idle Games may administer, control, change, and/or eliminate any Currency, Goods, or anything else related to the Services at its sole discretion, with or without notice, and without liability to you. Idle Games hereby grants to you a limited, personal, revocable, non-transferable, non- sublicenseable license to use Currency and Goods in the Services. However, you have no right or title in or to any Currency, Goods or anything else related to the Services.
The redemption or transfer of Currency and Goods for real world currency, goods or other items of value by or from any party is strictly prohibited except when expressly authorized within the Services. Any attempt to do so is in violation of these Terms and is void.
Any purchase of Currency and/or Goods by you is final, and no refunds or reimbursements will be given. If your account(s) and/or use of the Services is terminated or suspended, or if we permanently discontinue the Services, then all of your Currency and Goods will be immediately forfeited without reimbursement.
“Content” in connection with our Services is defined as the code, software, technology, communications, text, data, design and appearance of the Services, including without limitation images, pictures, video, sounds, music, and all audio/visual, or other material appearing on, published within or deriving from the Services, whether provided by Idle Games or by you through your use of the Services. “Content” also includes user-generated content, which includes without limitation, accounts, characters created, and virtual items or in-game currency acquired and developed as a result of game play, as well as any feedback, comments, or suggestions you may provide regarding the Services.
You acknowledge and agree that Idle Games may use built-in tracking features to obtain information regarding your use of the Services, and agree that such information is deemed to be Content for all purposes under these Terms.
By using the Services, you acknowledge and agree that you have no ownership or other property interest in your account and/or Content, and that all Content is the sole and exclusive property of Idle Games, which we may use (and/or our partners, distributors, affiliates, and licensors and licensees may use) for any purpose, including without limitation, commercial or promotional use.
You may only upload, or otherwise publish on or through the Services, Content that does not infringe the intellectual property rights of anyone else. Your use of the Services signifies your agreement that any Content you do upload and/or publish does not infringe the intellectual property rights of a third party.
If, under applicable law, you are deemed to have retained any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to Idle Games all of your right, title and interest in and to such Content, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, without additional consideration. If such assignment is ineffective under applicable law, you hereby grant to Idle Games a perpetual and irrevocable, exclusive, worldwide, fully-paid up and royalty-free license, including the right to assign, transfer, or sublicense to third parties, and the right to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content as well as all modified or derivative works thereof, and to incorporate the same into other works in any form, media, or technology now known or later developed. You hereby waive any moral rights or rights of publicity or privacy you may have in any such Content to the fullest extent permitted by applicable laws.
Idle Games does not monitor or pre-screen all of the Content on the Services, and Idle Games does not attempt to do so. The presence of Content on the Services should not be taken to represent our endorsement or approval of that Content.
Idle Games and its representatives reserve the right, but are under no obligation, to monitor, edit, refuse to post, or remove any Content posted on the Services for any reason, including, but not limited to, Content that violates these Terms. Your use of the Services signifies your acknowledgment that you have no expectation of privacy in any of the Content. To the maximum extent permitted by law, Idle Games does not assume any liability or responsibility for user-generated content or for any failure to or delay in removing it or any other Content.
If you encounter something you find objectionable and/or in violation of these Terms, you can bring it to Idle Games’ attention by “flagging” it or reporting it via the in-game support customer support system. Idle Games does not assume any responsibility or liability for Content that is generated by users of the Services. You are solely responsible, and may be held liable, for the completeness, accuracy and usefulness of the Content you publish within the Services.
User Accounts, Passwords and Security
You are responsible for any and all activities that occur under or in connection with your account created in order for you to use the Services.
Your account is unique to you, and you may neither transfer (or otherwise make available) your account to others, nor use anyone else’s account at any time. If you distribute your account or related information, Idle Games reserves all rights to terminate your account immediately and without refund.
You are responsible for maintaining the confidentiality of your account information (including usernames, passwords and billing information). Idle Games is not liable for any loss that you may incur as a result of someone else using your account, whether or not that activity is authorized by you.
You are liable for any losses or damages incurred by Idle Games or any third party as a result of someone else using your account. In the event of theft, unauthorized use, or any other breach of security on your account, you must notify Idle Games immediately.
Data Collection and Privacy
Purchases and Charges
You may opt to purchase upgrades or additional Services through a gift card, credit or debit card, PayPal, or other similar accounts (each referred to herein as “Payment Information”). You are responsible for any and all charges incurred to your account, which includes purchases (made by you or anyone that uses your account) and applicable taxes. By providing Payment Information to Idle Game (or its designated partners) to pay such charges, you represent and warrant that such Payment Information is accurate and complete, and that you will promptly update that information if it changes.
Rules of Conduct
By using the Services, you agree not to do any of the following:
• Use the Services in any way for a commercial purpose.
• Sell, offer to sell, advertise, market or otherwise attempt to buy or sell goods or services for any purpose whatsoever.
• Publish, transmit, post, upload, disseminate or otherwise distribute content that is pornographic, obscene, indecent, sexually explicit, vulgar or otherwise objectionable.
• Libel, defame, threaten, embarrass, abuse or otherwise offend anyone with racist, bigoted, sexist/misogynistic, homophobic or otherwise objectionable statements.
• Invade anyone else’s right to privacy or publicity including, but not limited to disseminating another player’s personal information without that player’s consent.
• Threaten anyone in any way including, but not limited to, making threatening remarks against another player or the player’s family.
• Glorify, promote, advocate or otherwise encourage the use of illegal drugs or substances.
• Violate and/or promote the violation of any applicable federal, state or local law or ordinance or promote the violation thereto.
• Cheat or use, create or publish automation software programs, “bots,” “macros” or other cheat utilities or applications designed to modify the Services in order to cheat or to the impede fair play of the Services.
• Transmitting, publishing or uploading file that contain viruses or other similar software or programs that may damage or impede the Services or the users of the Services.
• Disrupt or attempt to disrupt any computer or server used by Idle Games to support and/or provide the Services.
• Use the Services for any fraudulent activity and/or fraudulent transaction of any sort.
• Infringe the intellectual property rights of any other person or entity including, but not limited to, publishing, uploading, transmitting, distributing or otherwise making available any content or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity or any other proprietary right of any other party.
Cardroom Code of Conduct
In order to ensure that everyone enjoys a fair gaming experience while playing in our cardroom, we have instituted a zero-tolerance policy for the following activities:
1. This is when two or more players share information to gain an advantage over other players at the table, including (but not limited to):
- Communicating active or recently-folded starting cards during the same hand-in-progress.
- Coaching on playing strategy to participants involved in live hands.
- Working with a partner to trap other players in the pot by using calculated raises and re-raises.
2. Soft-playing opponents involved in the same hand, which means:
- Not betting the full strength of your hand due to a personal or financial relationship with someone else involved in the hand.
- Checking the best possible hand when last to act in a pot.
1. Players may only have one, single account. MULTI-ACCOUNTING is expressly prohibited, which includes:
- Creating more than one account for any reason.
- Using anyone else’s account for any reason.
- Having access or influence over more than one account at the same table, tournament, or sit-n-go at the same time.
- CHIP DUMPING
1. Intentionally losing a hand in order to transfer game currency to another player is not only expressly against our rules, but one of the easiest violations for our Security Team to catch!
- UNAUTHORIZED BUYING OR SELLING OF GAME CURRENCY
1. The only permitted method of purchasing game currency is through our in-game Currency Store.
- Buying game currency from any other source (and arranging some sort of in-game chip dumping or multi-accounting to transfer it) is not allowed.
- Offering to sell game currency to others in-game OR outside the game is prohibited.
- BOTS & OTHER PROHIBITED SOFTWARE
1. Every player account must be used by a real person — no automated playing software or devices may be used.
2. In addition, software granting users an insight into other players’ history or habits, beyond what’s been directly observed by the user, is not permitted.
- This includes the use of data-mined hand histories obtained from outside sources.
- CHAT ABUSE
1. Chatting to others while playing is encouraged! However, chat logs are stored indefinitely & improper use of the chat feature will not be tolerated, specifically:
- Statements of a grossly offensive, hateful, bigoted or racist nature.
- Harassment and/or abuse of other players.
- Advertising or promotion of other products, services and/or websites.
- Begging players for gifts, chips, or other game currency.
- Displaying personal or sensitive account information about any player (including yourself!).
- Use of any language other than English, so that all players may be reasonably sure there is no collusion occurring against them.
1. In the event it is determined a player has compromised the fairness of our gaming platform by violating this Cardroom Code of Conduct, we reserve the right (in our sole discretion) to enact any of the following consequences:
- Notification of offending players of the infraction & demanding an immediate halt to the improper action(s).
- Banning or removal of certain features (such as Chat) in order to prevent further abuse.
- Sanctions against the player’s game currency, XP level and/or other account features gained by utilizing an unfair advantage in the game.
- Temporary or permanent suspension of a player’s game account, including possible forfeiture of all related game currencies.
- In extreme cases involving fraud or excessive, threatening hate speech, reporting the offending player to law enforcement for prosecution.
2. Players who suspect others of violating the Cardroom Code of Conduct may report them to our Security Team for investigation, by:
- Clicking the “Report Abuse” link on the offending player(s) Profile Page.
- Contacting us directly at FreshDeckPoker@idle-games.com with the relevant details of the incident, including:
- Player name.
- Suspected violation.
- Table Name/number.
- Hand number.
- Time and date.
3. Working together, we can ensure this gaming platform stays a safe, fair & fun place to play poker!
Termination of Account
Idle Games reserves the right to terminate or suspend your account or your access to the Services at any time for any reason, including a violation of these Terms. Idle Games may issue you a warning, or Idle Games may elect to immediately terminate any and all of your account(s) and/ or use of the Services. You acknowledge that Idle Games is not required to provide you notice before terminating and/or suspending your account(s) and/or use of the Services.
Services Provided “As Is”
Idle Games provides the Services on an “As Is” basis. Idle Games does not warrant that the Services will be provided without interruption or error, that any problems will be corrected, or that the Services will be bug or virus free. IDLE GAMES HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED.
Limitation of Liability
IDLE GAMES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT ALL TIMES OR ALL LOCATIONS, OR THAT IDLE GAMES WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IDLE GAMES IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IDLE GAMES IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION.
IN NO EVENT WILL IDLE GAMES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU FURTHER AGREE THAT IDLE GAMES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD IDLE GAMES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES, AND THAT THE RISK OF THE SERVICES AND THE THIRD PARTY WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, INCLUDING DAMAGE OR LOSS OF ANY KIND.
UNDER NO CIRCUMSTANCES WILL IDLE GAMES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID IDLE GAMES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Indemnification by You
You agree to defend, indemnify and hold Idle Games harmless from and against any claim, liability, loss, injury, damage, cost, or expense, including attorneys’ fees and costs, incurred by Idle Games, arising out of or resulting from your access or use of the Services; your breach or alleged breach of any term, condition, obligation, representation or warranty contained in these Terms; any Content posted, transmitted or provided by you or on your behalf; your violation of any third party’s intellectual property or other legal rights; and the illegal or improper use of your user account.
Limitations Period for Claims
You acknowledge and agree that the rights granted to you and your obligations to Idle Games under these Terms are unique and irreplaceable in nature, and the loss of which will irreparably harm Idle Games and cannot be compensated by monetary damages alone. You agree that Idle Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to monetary damages only.
Governing Law and Jurisdiction
These Terms and all aspects of the Services shall be governed by the laws of the State of California without reference to conflict of laws principles. You irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in San Francisco, California, as applicable, for any matter arising out of or relating to these Terms and/or the Services. You agree not to commence any action against Idle Games other than in the federal or state courts located in San Francisco, California, and you hereby consent to, and waive all defenses with respect to, venue and jurisdiction in the federal and state courts located in San Francisco, California.
Complaints and Notices
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located in this game; Information reasonably sufficient to permit Idle Games to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Idle Games’ Designated Agent is:
Idle Games, Inc.
Attn: Legal Department
875 Howard Street, Suite 310
San Francisco, CA 94103
Laws of Other Jurisdictions
Idle Games operates and provides the Services from the United States. Idle Games makes no representation that the Services are appropriate, legal or available in any location other than the United States. The Services are not intended for publication or distribution by any person or entity in any country or jurisdiction where such publication or distribution would be contrary to law or regulation, or which would subject Idle Games to any additional requirements with such country or jurisdiction.
Changes to Terms of Service
Idle Games reserves the right to amend, modify or revise these Terms at any time in any way, and you agree to be bound by all amendments, modifications or revisions. Your continued use of the Service after a change or update has been made will constitute your acceptance to the changed Terms. You may not modify these Terms except in writing hand signed by both you and Idle Games. For purposes of the Terms, “writing” does not mean an e-mail nor an electronic and/or facsimile signature.
These Terms are the entire agreement between the Idle Games and you hereto relating to the Services, and the Terms supersede and replace any prior agreements regarding the subject matter contained herein.
The Services are operated and provided by Idle Games, Inc., 875 Howard Street, Fourth Floor, San Francisco, CA 94103. If you have any questions about these Terms, please contact Idle Games at email@example.com.