LAST UPDATED: JULY 11, 2014
Reference to “we” or “us” refers to The Tetris Company, LLC and its affiliates and agents, including, without limitation, Blue Planet Software, Inc. and each of its members, directors, officers, employees and agents.
No Warranties. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OFFERED THEREON (“SERVICE”), SITE CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES OFFERED THEREON, THE SITE CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. WE DO NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE SITE CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES OFFERED THEREON, AND THE SITE CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IF YOU HAVE A DISPUTE WITH US, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU AGREE TO INDEMNIFY AND HOLD US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY (B) YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICES, OR THE SITE CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT.
Proprietary Rights. You acknowledge and agree that the Site contains proprietary information that is protected under U.S. and international intellectual property laws, including the laws of copyright and trademark. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, redistribute, create derivative works from the Site content in whole or in part.
Linking to Us. Usually, we don’t mind if you include a simple link from your site to the Site. However, you must first ask our permission if you intend to frame the Site or incorporate pieces of it into a different site or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impacts on our reputation.
Children’s Privacy. We are committed to protecting the privacy of children. You should be aware that the Service is not intended or designed to attract children under the age of 13.
Laws that Govern this Agreement. We control the Site from our offices within the United States of America. The Site can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Site may differ, by accessing the Site, you and we agree that the statutes and laws of the state of New York without regard to choice of law principles, will apply to all matters relating to use of the Site. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We do not make any representation that materials made available through the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Member Account, Password, And Security. If the Site requires or provides you with the option to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
We have no obligation to monitor User Content. However, we reserve the right to review User Content and to remove any User Content at any time and without your consent in our sole discretion. We reserve the right to terminate your access to any or all of the Service at any time, without notice, for any reason whatsoever.
We reserve the right at all times to disclose any information we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
We do not control or endorse the content, messages or information found in any Service and, therefore, we specifically disclaim any liability with regard to the Service and any actions resulting from your participation in any Service.
Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
User Conduct. You agree that when using the Service, you will not post, upload, transmit, distribute, store, create, publish or otherwise make available on the Site any of the following:
- Surveys, contests, pyramid schemes, chain letters, junk mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- User Content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy or publicity) of others.
- Any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws, unless you own or control the rights thereto or have received all necessary consent to do the same.
- Files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers.
- User Content that contains misleading, false, or inappropriate language or statements.
In addition, when using the Service, you agree that you will not:
a. Use any material of information, including images or photographs, which are made available through the Service, in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
b. Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed and/or distributed in such manner.
c. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
d. Restrict or inhibit any other user from using and enjoying the Service.
e. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
f. Harvest or otherwise collect information about others, including email addresses.
g. Violate any applicable laws or regulations.
Unsolicited Idea Submission Policy. Unless we explicitly state to the contrary in certain specific and limited cases, we do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products, new designs, new games or technologies, processes, materials, marketing plans or new product names. Please do not send any such idea submissions to us. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products or strategies might seem similar to ideas submitted. So, please do not send your unsolicited ideas to us. In the event you make such an unsolicited idea submission, then you acknowledge the following: (i) your submission and its contents will automatically become the property of us without any compensation to you; (ii) there is no obligation for us to review the submission; and (iii) YOU GRANT US A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, FULLY-PAID, PERPETUAL, IRREVOCABLE, SUBLICENSABLE AND TRANSFERABLE LICENSE TO USE, MODIFY, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, PERFORM AND OTHERWISE FULLY EXPLOIT ANY AND ALL RELATED INTELLECTUAL PROPERTY RIGHTS OF SUCH SUBMISSION.
Solicited Idea Submission Policy. This relates to those specific and limited cases where we explicitly state that we would welcome, or where we specifically invite you to submit, your ideas and comments regarding improvements, variations and/or new product or game ideas. In the event you make such a submission, then you acknowledge the following: (i) your submission and its contents will automatically become the property of us without any compensation to you; (ii) there is no obligation for us to review the submission; and (iii) YOU GRANT US A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, FULLY-PAID, PERPETUAL, IRREVOCABLE, SUBLICENSABLE AND TRANSFERABLE LICENSE TO USE, MODIFY, REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, PERFORM AND OTHERWISE FULLY EXPLOIT ANY AND ALL RELATED INTELLECTUAL PROPERTY RIGHTS OF SUCH SUBMISSION.
Third Party Trademarks. Any use of third party trademarks made by the Site such as Apple, Google, or Android is descriptive only (that is for the purpose of describing products or services offered by the trademark owners) and such trademarks are owned by the respective trademark owners not the Site.
Notice and Take Down Procedures and Copyright Agent. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting the copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
The email address for the agent for copyright issues relating to the Service is: [email protected] or you may fax the Copyright Agent at (808) 954-6101.
Should we receive a notice of infringement of copyright, we reserve the right to take down the content giving rise to the notice. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.