These Terms of Service govern your access to and use of our website, mobile applications, and any other online services (collectively, the “Services”) provided by Maple Media LLC or its legal affiliates (“Maple Media”, “we” or “us”), including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user.
You understand that we may revise and update these Terms of Service from time to time in our sole discretion. Where appropriate, we may seek to provide advance notice before updated Terms become effective. You agree that we may notify you of the updated Terms by posting them on the Services (such as on our website), and that your use of the Services after the effective date of the updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Terms. It is your responsibility to check the Terms of Service posted on the Services periodically so that you are aware of any changes, as they are binding on you.
By using the Services, you represent and warrant that you are of legal age to form a binding contract with Maple Media and meet all of the eligibility requirements in these terms.
1. PROHIBITED USES
You agree not to use or access any of the Services:
2. YOUR RESPONSIBILITIES
3. USER CONTRIBUTIONS
4. INTELLECTUAL PROPERTY RIGHTS
5. MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
6. LINKING TO THE SERVICES
7. LINKS ON OUR SERVICES
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8. SERVICES CONTENT
9. VIRTUAL ITEMS
Our Services may enable you to acquire certain virtual items. This includes, for example, virtual currency, points, or similar virtual items (together “Virtual Items”). You agree that you do not actually own these Virtual Items and the virtual value of any Virtual Item does not correspond or equate to any real-life monetary value, credit balance or currency.
Any virtual currency or similar balance does not constitute a real-world balance or comprise any stored value. Your right to use the Virtual Items is personal to you unless we agree otherwise, and is limited to your right to use the Services for non-commercial entertainment purposes. You may not re-sell or trade any Virtual Items.
Please note that if you remove and reinstall a game on a new device, you may lose your in-game purchases, including any Virtual Items.
10. DOWNLOADS THROUGH ONLINE STORES
If you download a game through an online store such as the iTunes App Store or the Google Play Store, you will be asked to agree to the relevant online store terms which will also apply in addition to these Terms of Service. You should read these online store terms carefully.
If you make any in-game purchases, then the relevant online store provider’s terms and conditions will also apply. You acknowledge that any billing and transactions are handled by the online store provider. You should contact the online store provider directly if you have any payment related issues with in-game purchases. In-game purchases may include paid subscriptions to special features. These features are subject to change, and certain features may be discontinued or temporarily unavailable. Subscriptions are non-transferable and may not be terminated during an active subscription period for a refund.
11. REPORTING COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
Maple Media respects the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report any issues or allegations of infringement, please contact Maple Media at email@example.com or by mail at: 1880 Century Park East, Suite 209, Los Angeles, CA, 90067.
12. GEOGRAPHIC RESTRICTIONS
Maple Media is based in the United States and provides its Services for use to persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, MAPLE MEDIA OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
MAPLE MEDIA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MAPLE MEDIA’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES.
MAPLE MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL MAPLE MEDIA, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE MAPLE MEDIA PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE MAPLE MEDIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MAPLE MEDIA does not endorse, APPROVE OR VERIFY ANY posted CONTENT on the SERVICES AND THE MAPLE MEDIA PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
FOR NEW JERSEY RESIDENTS: Notwithstanding any term herein, these Terms do not limit your rights or our obligations under any applicable statute or law, including types and amounts of recovery; nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you to defend and indemnify us in the event that any loss is caused by our negligence.
You agree to indemnify and hold harmless the MAPLE MEDIA Parties from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms of Service. You also agree to indemnify and hold harmless the MAPLE MEDIA Parties from and against any and all claims brought by third parties arising out of your use of the SERVICES and the Content you make available via the SERVICES by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
15. GOVERNING LAW AND JURISDICTION
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND MAPLE MEDIA 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 ACTION. Unless both you and Maple Media agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
16. WAIVER AND SEVERABILITY
No waiver of by the Maple Media of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Maple Media to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
17. ENTIRE AGREEMENT
18. YOUR COMMENTS AND CONCERNS
Please direct questions or concerns regarding these Terms of Service or the Services to Maple Media at firstname.lastname@example.org or by mail at: 1880 Century Park East, Suite 209, Los Angeles, CA, 90067.
The effective date of these Terms of Service is July 17, 2018.