Dyad Games Terms of Service
Dyad Games
Terms of Use
LAST MODIFIED ON December 21, 2018
IMPORTANT: PLEASE READ THE TERMS of Use CAREFULLY BEFORE CONTINUING to use this mobile Application or Website.
SECTION 16 OF THIS TERMS OF USE AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. PLEASE READ IT CAREFULLY.
This Terms of Use (the “Agreement”) applies to the Dyad Games mobile applications “Keep Up,” “Larry’s Escape,” “Kamakura,” “Flappy Defense,” “Soda Soda Pop,” “Super Snap,” “Shuriken Showdown,” “__________________,” and the Dyad Games website located at https://dyadgames.com/ (collectively referred to as the “Service”), provided by Dyad Games (“Dyad”).
1. Acceptance of Terms and Conditions
By continuing to use the Service, you agree as follows:
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- You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- You will use the Service in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Dyad from time to time; and
- You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
2. Dyad’s License to You
Dyad grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
3. Messages from Dyad
You understand that you may receive business-related communications from Dyad through the Service or through email or text messaging, such as announcements and account administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them and you will not be able to opt out of receiving such communications. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
- Your License to Dyad; Your Conduct
- Any communications or material of any kind that you email, post, or otherwise transmit to Dyad or the public on or using the Service, including photographs, chat, emails, comments, voice recordings, data, questions, comments, or suggestions are known as your “Content”.
Dyad does not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share them, and (ii) give Dyad permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
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- Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
- is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
- is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
- restricts, inhibits, or discourages any other user from using the Service;
- hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience;
- violates any local, state, federal or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
- is a “chain letter,” or constitutes “junk mail”;
- specifies or claims that that you are affiliated with Dyad when you are not, including without limitation an “Administrator,” “Moderator,” or any other employee or agent of Dyad;
- requests login information from other users;
- “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
- uses or possesses programs to “crack” the Service or other Internet security tools;
- contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; or
- anything else that Dyad, in its sole determination, deems offensive or harmful to the Service or to Dyad’s integrity or business.
- Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
- Virtual Items
Virtual goods, downloadable content, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Dyad to purchase at the prices and on the terms set forth on the Service.
You agree that you have no right or title in or to any Virtual Items. Dyad does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. Virtual Items that may be originally acquired by “farming” are subject to confiscation by Dyad. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-world value and are licensed, not owned.
Under no circumstances will refunds be given for Virtual Items. All sales of Virtual Items are final when the transaction has been processed.
4. Modification, Termination, and Monitoring of the Service
Dyad reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dyad will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
Dyad reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
5. Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Dyad or between you and other parties.
Dyad and its affiliates, and agents are permitted, but not obligated, to review or retain your Content and other communications. Dyad may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Dyad or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will Dyad or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Dyad or its affiliates or agents.
6. Hyperlinks
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Dyad does not control the Linked Services, and Dyad and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Dyad has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and Dyad cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Dyad or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
7. Trademarks and Copyrights
The Service is owned by Dyad or its affiliates or agents, and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Dyad or its affiliates or agents. Nothing contained in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Service without the written permission of Dyad or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided herein, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Dyad or its affiliates or agents. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
8. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. THE SERVICE IS PROVIDED BY DYAD ON AN “AS IS” BASIS. DYAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DYAD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYAD, OR THROUGH THE SERVICE CREATES ANY WARRANTY REGARDING THE SERVICE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DYAD IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DYAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Dyad and its affiliates will be limited to the fullest extent permitted by law.
10. Indemnification
You agree to indemnify and hold Dyad and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Dyad or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
11. Your Personal Information
Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://dyadgames.com/privacy-policy/. You agree that your use of the Service is subject to the Privacy Policy.
12. Disclosures Required by Law
Dyad reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Dyad reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Dyad to disclose the identity of any user believed to be in violation of this Agreement.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD DYAD HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DYAD DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DYAD OR LAW ENFORCEMENT AUTHORITIES.
13. Governing Law
The Agreement, and all future agreements you enter into with Dyad, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Ohio, without regard to its conflicts of law principles. This is the case regardless of whether you reside or transact business with Dyad or any of its affiliates or agents in the State of Ohio or elsewhere. Unless a dispute would be governed by the terms of Section 16 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Columbus, Ohio.
- Binding Arbitration
- Arbitration Procedures. You and Dyad agree that, except as provided in Section 16.4 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
Except as otherwise set forth in Section 16.4 below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Dyad will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Dyad may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND DYAD WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. - Location. The arbitration will be conducted in the city of Columbus, Ohio, unless the parties agree to video, phone, or internet connection appearances.
- Limitations. You and Dyad agree that any arbitration will be limited to the Claim between Dyad and you individually. YOU AND DYAD AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and Dyad agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Dyad’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be apportioned pursuant to the JAMS Rules.
- Severability. You and Dyad agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 16.4), that portion will be severed and the remainder of the Section shall be given full force and effect. If Section 16.4 is found to be illegal or unenforceable, then neither you nor Dyad will elect to arbitrate any Claim falling within that portion of Section 16.4 found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the city of Columbus, Ohio, and you and Dyad agree to submit to the personal jurisdiction of that court.
- Arbitration Procedures. You and Dyad agree that, except as provided in Section 16.4 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
- Miscellaneous Terms
- Agreement Revisions. This Agreement may only be revised in writing by Dyad, or by Dyad’s publication of a new version on the Service.
- Force Majeure. Dyad is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Dyad, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Dyad’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dyad as a result of this Agreement or your use of the Service.
- Assignment. Dyad may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Dyad’s prior written consent, and any unauthorized assignment by you will be null and void.
- Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
- Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Equitable Remedies. You hereby agree that Dyad would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Dyad with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Dyad with respect to the Service.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.