
PRIVACY
1. Introduction: Please read the following to learn more about PuzzleSocial INC’s (“PUZZLESOCIAL”) Privacy Policy. PUZZLESOCIAL respects the privacy of its online visitors and users (collectively referred to as a “User” or “Users”) of its products and services, and intends to give Users certain control over their personally identifiable information. PUZZLESOCIAL recognizes the importance of protecting any information collected from Users and has adopted this Privacy Policy to inform its Users about the types of information PUZZLESOCIAL gathers about a User online while using PUZZLESOCIAL’s Service, how PUZZLESOCIAL may use that information, whether PUZZLESOCIAL discloses it to anyone, and the choices a User has regarding use of and correction of the information. This policy does not apply to the practices of third parties that PUZZLESOCIAL does not own or control, or to individuals that PUZZLESOCIAL does not employ or manage. In addition, the service, applications, and any other linked pages, features, or content of PUZZLESOCIAL in connection therewith (collectively, the "Service") may contain links to third-party websites, applications or other outside sources that PUZZLESOCIAL has an interest in, connection to, association with or otherwise has entered into a contractual relationship with (“Affiliate”). While PUZZLESOCIAL attempts to provide links only to those sites that share its particular respect for privacy, it cannot take responsibility for the content or privacy policies of third-party sites. Therefore, PUZZLESOCIAL encourages its Users to carefully review the privacy policies of any third-party sites visited and the third party applications used. By visiting or using www.puzzlesocial.com or registering for PUZZLESOCIAL’s Service, Users acknowledge that they are over the age of eighteen years and agree to be bound by the terms of this Privacy Policy. PUZZLESOCIAL does not allow registration and does not knowingly collect personally identifiable information from anyone under thirteen (13) years of age. Users may email PUZZLESOCIAL with any privacy-related questions at info@puzzlesocial.com.
2. Effective Date: The Privacy Policy detailed herein applies to any and all information that a User may have obtained from or provided to PUZZLESOCIAL. PUZZLESOCIAL reserves the right, at its full and complete discretion and without prior notice, to change, modify, amend, add, subtract, or otherwise remove portions of its Privacy Policy at any time and for any or no reason. Although we may attempt to email Users a copy of the revised Privacy Policy at the email address on file, if any, please periodically continue to check the Privacy Policy at www.puzzlesocial.com for any changes. Such modifications will be effective immediately, and will apply to disputes arising under the Privacy Policy from the date of posting forward. A User’s continued access to and use of the Service after the posting of any amendments, deletions or other changes to the Privacy Policy will constitute acceptance, acknowledgment and agreement to the respective changes.
3. Privacy Policy Coverage: This Privacy Policy covers PUZZLESOCIAL’s treatment of personally identifiable information (“Personal Information”) and other data that PUZZLESOCIAL gathers when Users are accessing the Service. PUZZLESOCIAL collects User information in a variety of ways. By using PUZZLESOCIAL’s Service Users agree that PUZZLESOCIAL may collect aggregate information, individual information, and Personal Information, as defined below. PUZZLESOCIAL receives and stores information entered by Users when using the Service or otherwise provided to PUZZLESOCIAL. The information provided is used to ensure that Users can interact with the Service, Affiliate sites or other third-party applications and/or services as authorized and identified by the User; to ensure that Users can use the features of the Services; to ensure that Users can interact with other Users; to improve the content of the Service; to customize the content presented to User; and to communicate about specials and new features. Additionally, to use certain aspects of the Service you may need to grant PUZZLESOCIAL permission to access your account information for certain social networking sites (including, but not limited to, Twitter, Facebook and LinkedIn). Moreover, as the Service will allow you to register or interact with Affiliates you grant PUZZLESOCIAL and the Service permission to access such Affiliate account information or deliver to or register your PUZZLESOCIAL account information with the Affiliate, as may be necessary. PUZZLESOCIAL may also utilize information in order to adapt the Service for a specific User’s needs and for research purposes. PUZZLESOCIAL may share aggregate information and individual information with other parties. PUZZLESOCIAL shall not share Personal Information with other parties, except as described in the policy below.
4. Collection and Use of Information:
Registration: PUZZLESOCIAL requires that a User activates his/her account by agreeing to the terms of the Facebook Connect service. The Facebook Connect system will provide to PUZZLESOCIAL a User’s full name and other personal information submitted to Facebook in connection with the User’s Facebook account.
Registration for Affiliates Sites: As part of the Service PUZZLESOCIAL may collect and retain registration information, payment information or other data submitted by a User, and may deliver said information to the Affiliates designated by a User for such purpose. This type of data delivery enables PUZZLESOCIAL’s Service to automatically connect and interact with such identified Affiliate or to support the processing of any monetary transactions made through the Service. To the extent that PUZZLESOCIAL intends to share such information with Affiliates for any other purpose in any way different that described herein, such information and shared use will be specifically described at such time.
Information Collected Automatically: As part of the Service PUZZLESOCIAL may continually and automatically collect usage data for statistical measuring and other purposes. This type of data enables PUZZLESOCIAL to determine, among other things, how often Users access specific parts of the Service in order to allow PUZZLESOCIAL to revise, improve and develop said services. As part of this improvement function, PUZZLESOCIAL may provide aggregate information to its Affiliates. However, unless as otherwise specified herein, PUZZLESOCIAL will not disclose aggregate information to an Affiliate in a manner that would allow for a User to be personally identified.
Promotions: From time to time PUZZLESOCIAL may present special offers, contests, sweepstakes or other promotions. In order to enter into said promotions, a User may need to provide additional personal information such as a physical mailing address which will be used to deliver prizes. To the extent that PUZZLESOCIAL intends to share such information with any third party involved in the promotion, such information and shared use will be specifically described as part of the terms of any offer, contest, sweepstakes or promotion. This third party will be prohibited from using any Personal Information for any other purpose.
Surveys and Feedback: PUZZLESOCIAL is committed to providing the best experience for its Users. Therefore, PUZZLESOCIAL may request information or feedback from Users as part of surveys or other feedback requests as part of its continuing work to make the Service the best it can be. PUZZLESOCIAL may employ Users’ non-personally identifiable information to improve the look, functionality and content of the Service or to personalize User experience, products, programs and service offers.
User Generated Content: To the extent that a User submits any content, ideas or other materials as part of the Service, the User acknowledges and agrees that PUZZLESOCIAL may share such submission with other Users.
Emails or Contacts from You: If a User contacts PUZZLESOCIAL by email, PUZZLESOCIAL will use the personally identifiable email address information only to respond to the specific inquiry. Additionally, as part of the Service, Users may receive emails and other communications relating to their submissions to PUZZLESOCIAL. All Users acknowledge and agree that by posting any User submissions, PUZZLESOCIAL may send a response email and other communication that it determines in its sole discretion is related to said User.
Communications from Us: PUZZLESOCIAL may send its Users, or deliver to its Users on behalf of its Affiliates or other Users, special announcements and correspondence, including newsletters, news & events, virtual greetings, promotional offers, emails, text messages and other messages. The messages may contain registration information, additional Service features or other PUZZLESOCIAL information. As discussed herein, at any time the User may exercise its right to opt-out of the collection of information for these purposes. If a User no longer wishes to receive communications from PUZZLESOCIAL, it may opt-out by following the instructions included in each communication or by accessing the Settings section of their User account.
Cookies: PUZZLESOCIAL may use software technology called “cookies” which consist of small text files stored in a computer’s Internet browsers to assist it in providing Users with the highest level of service. Users have the option of setting their Internet browser to accept, reject, or provide notification of the use of a cookie. Cookies do not consist of Personal Information per se but could be used to connect a User with Personal Information, such as an email address. Unless the User sets its Internet browser to reject the use of a cookie, PUZZLESOCIAL may use them for various purposes including recording and saving password information, pages visited on the site, and determining number and retention of Users employing the Service. We do not link the information we store in cookies to any Personal Information you submit through the Service. The use of cookies by third parties is not covered by our Privacy Policy. We do not have access or control over these cookies.
Log Data: When you visit www.puzzlesocial.com or use the Service, whether as a registered User or a non-registered User just browsing, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as the browser type or the webpage you were visiting before you came to our Service, pages of our Service that you visit, the time spent on those pages, information you search for on our Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service and the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to better tailor our Service to our visitors’ needs.
5. Personal Information Shared:
Third Party Disclosure: It is the policy of PUZZLESOCIAL not to share any Personal Information with a third party, other than an Affiliate, for the purposes of marketing. All pertinent information collected will only be used to provide the Service. From time to time PUZZLESOCIAL may engage third parties for technical, processing or other activities related to the Service. However, PUZZLESOCIAL will use commercially reasonable efforts to ensure that such parties are obligated to keep the information secure and confidential. Additionally, if a User inputs their real name as part of their public profile, the Service will publicly display a User’s name in connection with the User’s PUZZLESOCIAL activity. The Service may allow its Users to connect with other third-party social networking services. If a User chooses to connect its PUZZLESOCIAL account and use such third-party services, any information provided is no longer under the control of PUZZLESOCIAL and may be subject to the terms of use and privacy policies of such third party services. PUZZLESOCIAL may additionally disclose Personal Information to an Affiliate or to the extent necessary to enforce our terms of use, or to otherwise protect the rights of Users of the Service. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Moreover, to the extent necessary to comply with court orders or with requests by law enforcement or governmental agencies, PUZZLESOCIAL may provide Personal Information to the required third parties. Additionally, we reserve the right to disclose your Personal Information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on PUZZLESOCIAL.
Sale of Business or Assets: In some cases, PUZZLESOCIAL may choose to buy or sell assets. In these types of transactions, User information is typically one of the business assets that are transferred. In the event that all or substantially all of PUZZLESOCIAL’s assets are sold, given, or otherwise transferred to another entity, all User information collected as part of access to and use of the PUZZLESOCIAL Service would likely be transferred to that entity as well. By accessing the Service Users acknowledge that such transfers may occur, and that any acquirer of PUZZLESOCIAL may continue to use its information as set forth in this policy. You will be notified via email or by prominent notice on www.puzzlesocial.com for 30 days of any such change in ownership or control of your personal information.
Hyperlinks: In addition to the Affiliates, the Service may contain hyperlinks, pointers or introductions to other sites on the Internet or services that may be maintained by third parties. These other sites may use cookies, collect data or solicit Personal Information using methods not conforming to PUZZLESOCIAL’s Privacy Policy. Such links do not constitute an endorsement by PUZZLESOCIAL of any Affiliate or other third-party site or any materials contained therein. PUZZLESOCIAL does not control, and is not responsible for, the availability, accuracy, or currency of such Affiliate or other third-party site or any information, content, products or services accessible from such third-party site. Therefore, PUZZLESOCIAL recommends that you fully review the privacy policy of any particular Affiliate or other site maintained by a third party provider.
6. Security: PUZZLESOCIAL has attempted to incorporate reasonably appropriate physical, electronic, and managerial procedures into its business and online systems to protect and prevent unauthorized use of the information it collects on its Users. Such methods include use of password-protection procedures, Affiliates’ authentication procedures and other commercially reasonable security measures. While PUZZLESOCIAL exercises reasonable care and due diligence in providing a secure conduit of information between a User’s computer or other device and our servers, PUZZLESOCIAL cannot and does not guarantee the security of materials or information transmitted to us or other Users over the Internet or wirelessly. Therefore, while PUZZLESOCIAL will attempt to protect the transmission of any information using methods which comply with the industry standards, we accept no liability for any unintentional disclosure of same.
7. Financial Information: For full access to all of the features of the Service PUZZLESOCIAL or its Affiliates may require verification of age and/or that proper permission for the transaction has be obtained. Depending on which services Users make use of, PUZZLESOCIAL may require additional information, such as a User’s name and billing information (including billing address, phone number, and credit card information).
8. Contact Us: If you need further assistance, please send an e-mail with your questions or comments to
info@puzzlesocial.com or otherwise contact PUZZLESOCIAL using the following information:
PuzzleSocial Inc.
330 West 38th Street
Suite 302
New York, New York 10018
9. Access to Personal Information: If your Personal Information changes, or if you no longer desire access to or use of www.puzzlesocial.com or the Service, you may correct, update, or request deletion by making the change within your account.
Revision Date: February 4, 2013
TERMS
Please review the following Terms of Service (“Terms of Service”) carefully and contact us at info@puzzlesocial.com concerning anything you do not understand. By accessing or using the www.puzzlesocial.com website or any related application you are signifying your acknowledgement, acceptance and agreement to these Terms of Service. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW AND DO NOT ACCESS OR USE PUZZLESOCIAL INC’s SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SERVICE INCLUDING VISITING WWW.PUZZLESOCIAL.COM.
1. User's Acknowledgment and Acceptance of Terms PuzzleSocial INC. (“PUZZLESOCIAL”) provides www.puzzlesocial.com (the “Website”) and various related applications, features, content, widgets or services (collectively the “Service”) to you, the user, subject to your compliance with these Terms of Service, as well as any other written agreement between us and you.
THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT WWW.PUZZLESOCIAL.COM/TERMS, AND AS INCORPORATING THE PUZZLESOCIAL PRIVACY POLICY (PUBLISHED AT WWW.PUZZLESOCIAL.COM/PRIVACY) COMPRISE A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND PUZZLESOCIAL.
Although we may attempt to notify you when major changes are made to these Terms of Service, you acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting forward. Your continued use of the Service after a modification has been made to the Terms of Service constitutes your acceptance of such modification.
You may only use the Service for such commercial purposes as allowed by the Terms of Service. You may not use the Service for commercial purposes in any way that is unlawful, or harms PUZZLESOCIAL or any other person or entity.
2. Registration Data and User Information In order to access some features of the Service, you need to create a user account by completing our online registration form, which requests certain information and data ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate; that you will maintain and update this information as required in order to keep it current, complete, and accurate. For certain aspects of the Service, PUZZLESOCIAL has a connection to, association with, or otherwise entered into a contractual relationship with other websites, third party software or services (“Affiliate”). Examples include but are not limited to services for processing payments, analyzing or managing data, email delivery or marketing, customer support, fraud prevention and/or identity verification. You may need to grant PUZZLESOCIAL and the Service permission to share your Registration Data or user information with such Affiliates.
3. Age Restrictions By using the Service, you represent and warrant that you are eighteen (18) years of age or older, can form legally binding contracts under applicable law, and agree to be bound by these Terms of Service. If you are not eighteen (18) years of age, have your parents review these Terms of Service and assist you to create and register a user account. PUZZLESOCIAL does not allow users less than thirteen (13) years of age to register an account. Your registration may be deleted and your access to the Service may be terminated without warning if PUZZLESOCIAL believes, in its sole discretion, that you are under the age of thirteen (13) years or between the ages of thirteen (13) and eighteen (18) years but do not your parent’s or guardian’s permission to register for an/or access the Service.
4. Entertainment Purposes Only The Website and the Service are for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
5. User Account
5.1 User Name and Access
If you create an account or user profile, you may be asked to choose a user name and password. You agree that you will not choose a user name which, in the sole discretion of PUZZLESOCIAL:
(a) substantially infringes the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark;
(b) is offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(c) in any way infringes these Terms of Service;
(d) contains personally identifiable information, including but not limited to name, address, phone and email.
(e) contains the name PUZZLESOCIAL or any confusingly similar names.
You agree that PUZZLESOCIAL reserves the right to change, remove, alter or delete any user name or password at any time and for any reason in PUZZLESOCIAL’s sole discretion.
You are entirely responsible for maintaining the confidentiality of your user name and password and for any and all activities that occur in association with your account or user profile, whether or not authorized by you. You agree to notify PUZZLESOCIAL immediately of any unauthorized use of your account, user profile or Affiliate account or any other breach of PUZZLESOCIAL’s or an Affiliate’s security and to provide properly documented evidence as requested by PUZZLESOCIAL. You may not use anyone else’s user profile at any time and you may not allow anyone else to use your user profile at any time. You agree that PUZZLESOCIAL will not be liable for any loss you may incur as a result of someone else using your PUZZLESOCIAL user name, password, account or user profile, your Affiliate account or account information your provided, either with or without your knowledge.
5.2 No Right to Ownership
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PUZZLESOCIAL.
5.3 No Sale or Assignment of Account or User Profile
PUZZLESOCIAL does not recognize the transfer of an account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the terms, either in whole or in part, without the prior written consent of PUZZLESOCIAL. Any attempt to do so shall be void and of no effect.
6. Conduct Through the ServiceYou are solely responsible for your conduct through the Service and agree that you will not:
6.1 Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any:
. pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
• material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by PUZZLESOCIAL in its sole discretion;
. material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
. • files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Website, Service, other users’ access to the Website or Service and/or other users’ computers.
6.2 Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
6.3 Violate any applicable laws or regulations, or promote or encourage any illegal activity.
6.4 Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a PUZZLESOCIAL representative.
6.5 Gain or attempt to gain unauthorized access to the Service, Website, to other users’ account or profile information, or to
systems and/or networks connected to the Service or Website.
6.6 Make false reports through the Service or to PUZZLESOCIAL’s administrators.
6.7 Take any action that imposes or may impose (as determined by PUZZLESOCIAL in its sole discretion) an unreasonable or disproportionately large load on PUZZLESOCIAL’s (or its Affiliates’ or third party providers’) infrastructure.
6.8 Engage in fraudulent transactions.
6.9 Establish more than one account to participate in Service.
6.10 Use the service for any form of wagering or gambling.
7. Intellectual Property Information 7.1 Content
“Content” is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service. This includes support forums, message boards, chat, and other original content. PUZZLESOCIAL owns, or has a license to, all right, title and interest in the PUZZLESOCIAL Content it makes available through the Service. Except for any rights specifically enumerated as being licensed to you hereunder, PUZZLESOCIAL reserves any and all of its rights to the PUZZLESOCIAL Content. You are only permitted to use the PUZZLESOCIAL Content as expressly authorized by PUZZLESOCIAL or the specific Content provider.
7.2 Specific License and Restrictions
By use of the Service you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website, Service or Content in any way inconsistent with the rights of use provided by PUZZLESOCIAL herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of PUZZLESOCIAL; (iii) attempt to access source or object code of the Website or Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) create code, software or other program that incorporates any elements of the Service; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Service in any way.
7.3 Your Grant of Rights
If you submit Content to the Service, you acknowledge that you are the owner of any Intellectual Property rights in such Content, or have sufficient rights to submit the Content to the Service without infringing any third-party rights.
PUZZLESOCIAL does not claim any ownership rights in the Content that you submit or offer through the Service. However, to the extent you submit any Content you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to PUZZLESOCIAL to:
• use, reproduce, distribute, remove, and analyze any of your Content as PUZZLESOCIAL may deem necessary or desirable for any purpose in connection with the operation of the Service, and
• copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with PUZZLESOCIAL or the Service in any media, and
• use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other user in connection with any feature of the Service, and
• delete any or all of your Content from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
• enable the Service or users of the Service to share or post your Content on third party sites, such as, without limitation, on social networking sites.
7.4 Submission of Ideas
To the extent that you submit, via the Website or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are non-confidential and non-proprietary, and PUZZLESOCIAL shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant PUZZLESOCIAL, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any PUZZLESOCIAL product or service, without compensation or accounting to you and without further recourse by you.
8. Charges and Billing
8.1 Paid License
Certain aspects of the Services are only provided and available to those users opting for additional paid licenses. In the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges as described on www.puzzlesocial.com. THE PURCHASE OF A PAID LICENSE IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USER PROFILE FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICE.
8.2 Fictional Online Points and Virtual In-Game Items
The Service may include the opportunity for you to pay a fee to gain access to a fictional online point system (“Points”), which you may use to access other virtual in-game items (“Items”). PUZZLESOCIAL reserves the right in its sole discretion to change the price of Points and Items, and to change the amount of Points necessary to access certain Items, without notice. PUZZLESOCIAL shall have no liability for hacking or loss of Points and/or Items from your user account. You agree that the purchase of Points and/or Items is the purchase of a limited license and that you have no property interest in the Points and/or Items. Furthermore, you agree that Points and/or Items are not a gift certificate and shall not be treated as such.
YOUR PURCHASE OF POINTS OR ITEMS IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USER ACCOUNT FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICE. REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THE USE OF POINTS AND ITEMS, YOU AGREE THAT YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN POINTS AND ITEMS.
Points or other virtual in-game services and/or items at a discount or at no charge to such user for promotional reasons or otherwise. Any provision of such promotional trials or other preferred or discounted access to users (including but not limited to, free of charge) shall not obligate PUZZLESOCIAL to provide such promotions, discounts, or preferred access to any other users.
8.3 Fees
You agree to pay all fees or charges incurred by you, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. You acknowledge that PUZZLESOCIAL may utilize certain third-party providers to collect or otherwi
se process any such fees and charges. Any additional, separate charges or obligations you directly incur with said third-party are your responsibility. PUZZLESOCIAL MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY. Unless otherwise indicated, all prices are in United States Dollars and do not include Internet service provider, telephone, and other connection charges.
Notwithstanding the foregoing, PUZZLESOCIAL may, at any time and in its sole discretion, provide any user with
9. Third Party Websites and Information The Service may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under PUZZLESOCIAL’s control, and you acknowledge that PUZZLESOCIAL is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is PUZZLESOCIAL responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
10. Procedure for Alleging Copyright Infringement PUZZLESOCIAL will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“Copyright”) and PUZZLESOCIAL’s Copyright Policy, published at www.puzzlesocial.com/Copyright.
11. Disclaimer of Warranties; Limitation of Liability
Neither PUZZLESOCIAL nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “PUZZLESOCIAL Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Service.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
PUZZLESOCIAL MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE PUZZLESOCIAL PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICE OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PUZZLESOCIAL IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT AND USER PROFILE. IN NO CASE SHALL ANY LIABILITY OF THE PUZZLESOCIAL PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE PUZZLESOCIAL PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT
OF OR IN CONNECTION WITH THE USE OF 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 THE PUZZLESOCIAL PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
12. Indemnification
You agree to defend, indemnify, and hold PUZZLESOCIAL and its Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from (a) your use of, or activities in connection with the Service; (b) any violation of these Terms of Service by you or through your account or user profile; or (c) any allegation that any content that you make available via the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. PUZZLESOCIAL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PUZZLESOCIAL in asserting any available defenses.
13. Service Termination, Suspension and Changes
PUZZLESOCIAL reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the service at any time, for any reason or no reason, with or without notice to you. ADDITIONALLY, PUZZLESOCIAL MAY TERMINATE AND/OR SUSPEND YOUR ACCOUNT OR USER PROFILE FOR VIOLATION OF THESE TERMS OF SERVICE OR VIOLATION OF ANY OTHER POLICY RELATED TO SERVICE (INCLUDING THE POLICIES OF AFFILIATES ACCESSIBLE BY THE SERVICE). You agree that PUZZLESOCIAL shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICE AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO PUZZLESOCIAL.
14. Survivability of Terms
The Terms of Service set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate your account or user profile and discontinue use of the Service at any time, pursuant to the terms of this Terms of Service. The provisions of Sections 1, 2, 4, 6 through 8, 10, 11, 13 through 21 shall survive any termination of this Terms of Service.
15. Assignment
PUZZLESOCIAL may assign these Terms of Service, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without PUZZLESOCIAL’s express prior written consent.
16. Governing Law
The Service (excluding any linked websites) is governed by the laws of the United States of America. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and Service. Although the Service may be accessible worldwide, we make no representation that materials on the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Dispute Resolution
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. You and PUZZLESOCIAL agree that any cause of action arising out of or related to the Service shall be heard under New York law and must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Service or any of the transactions contemplated herein or related to the Service or any contests or services thereon will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. PUZZLESOCIAL will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us. You may send any notice to PUZZLESOCIAL to the addresses listed below.
If the Dispute is not resolved through informal negotiations the Dispute shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. Such Dispute shall be arbitrated within thirty (30) days of the appointment of the arbitrator, unless the parties agree otherwise in writing. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you or in New York State where PUZZLESOCIAL is located. For residents outside the United States, any arbitration shall be initiated in any New York State using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Service shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
The parties agree that any arbitration shall be limited to the Dispute between you and PUZZLESOCIAL individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If you have a dispute with another user of the Service, you release PUZZLESOCIAL (and PUZZLESOCIAL's officers, directors, agents, subsidiaries, joint ventures and employees)

