Terms of Service

Hello and welcome to the Inspirado Games’ Terms of Service. We hope you enjoy reading this document.

1. Accepting the Terms

   These Terms of Service ("Terms") are a legal agreement between Inspirado Games Inc. ("Inspirado Games" or "We") and you ("You"). By using or accessing any Inspirado Games product or application ("Service") you agree to be bound by these Terms. By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. Inspirado Games reserves the right, in its sole discretion to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service.

2. Access to the Service

1. Inspirado Games reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Inspirado Games had actual notice on the date of amendment.

2. Subject to your acceptance of these Terms, Inspirado Games grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.

3. Inspirado Games reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

4. We will notify you of any modifications to these Terms with one or both of the following methods: 1) we will post any modifications within the Service, and/or 2) we will send you a message informing you of the modified terms and linking you to the posting at the relevant location. You agree that you will, 1) periodically check the Inspirado Games’ Service for updates to these Terms, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them within the Service and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.

5. You agree to be bound by any application, forum, or game specific rules published within the Service.

6. You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

7. Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Inspirado Games’ copyrights in and to the Service. Inspirado Games reserves the right to terminate your access to the service without notice if you violate these Terms.

3. Ownership of Intellectual Property

1. All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use.

2. You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Inspirado Games’ express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, requires express prior written permission from Inspirado Games. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in civil and criminal penalties.

3. Inspirado Games and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Inspirado Games. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by Inspirado Games, or any derivative works thereof.

4. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Inspirado Games.

5. All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Inspirado Games in connection with the use of the Service shall be the exclusive property of Inspirado Games. You agree that unless otherwise prohibited by law Inspirado Games may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

4. In-Game currencies/goods

1. The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, tokens, icons or points, that may be purchased from Inspirado Games for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Inspirado Games for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Inspirado Games or any other party.

2. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.

3. Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Inspirado Games Service and possible legal action.

4. You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Inspirado Games's sole and absolute discretion, or if Inspirado Games discontinues providing the Service.

5. Inspirado Games has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Inspirado Games shall have no liability to you or anyone for the exercise of such rights.

5. User Content

1. You acknowledge that you do not rely on Inspirado Games to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

2. The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Inspirado Games and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to Inspirado Games will be treated as non-confidential and non-proprietary.

3. You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Inspirado Games incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

4. You grant to Inspirado Games the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.

5. Inspirado Games has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Inspirado Games does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.

6. Inspirado Games has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Inspirado Games may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Inspirado Games reserves the right to treat User Content as content stored at the direction of users for which Inspirado Games will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Inspirado Games's attention.

6. Posting on Other Web Sites

1. You are granted a limited revocable license to post a screen shot from your account, such as that of your Garden, within the Service and any other materials that Inspirado Games specifically gives you notice may be posted on other web sites or Social Network Sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site (i) is not commercially competitive to Inspirado Games, (ii) does not criticize or injure Inspirado Games, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of Inspirado Games's rights and remedies are expressly reserved, and Inspirado Games may revoke this limited license, in whole or in part, upon notice.

2. Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site:

1. You must a display a prominent link to the Service's homepage in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in e-mails you are sending friends; and

2. You agree to include, and not remove or alter, Inspirado Games's trademark, copyright or other proprietary rights notices, as provided by Inspirado Games on the Service and within e-mail page(s), when displaying a screenshot or images from an Inspirado Games game, and you agree to comply with usage guidelines that may be provided by Inspirado Games from time to time. You agree that all goodwill that arises in connection with your use of Inspirado Games's trademarks inures exclusively to Inspirado Games, and you agree not to challenge Inspirado Games's ownership or control of any Inspirado Games trademarks, nor use or adopt any trademarks that might be confusingly similar to such Inspirado Games trademarks.

7. Usage Rules

1. As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Service.

2. You agree that your use of and conduct on the Service shall be lawful and your User Content will not:
1. include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
2. include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
3. defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
4. promote violence or describe how to perform a violent act
5. violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
6. be in violation of these Terms or the game rules of conduct (collectively "Content Restrictions").
3. You and your activities on the Service will not:
1. reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
2. attempt to impersonate any other party;
3. create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
4. trick, defraud or mislead Inspirado Games and other users, especially in any attempt to learn sensitive account information such as passwords;
5. make improper use of Inspirado Games’s support services or submit false reports of abuse or misconduct;
6. engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
7. disparage, tarnish, or otherwise harm, in Inspirado Games's opinion, Inspirado Games, it’s third party partners and/or the Service;
8. violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Inspirado Games on the Service;
9. disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
10. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;
11. copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;
12. reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
13. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
14. except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
15. cover or obscure any notice, banner or advertisement on the Service;
16. disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
17. interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;
18. sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
19. engage in cheating or any other activity deemed by Inspirado Games to be in conflict with the spirit or intent of the Service.

4. Inspirado Games does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Inspirado Games specifically disclaims any responsibility with regard thereto.

8. Disclaimers; Limitations; Waivers of Liability

1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER INSPIRADO GAMES NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "INSPIRADO GAMES PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

2. 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 SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE INSPIRADO GAMES PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE INSPIRADO GAMES PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE INSPIRADO GAMES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

3. UNDER NO CIRCUMSTANCES WILL THE INSPIRADO GAMES PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID INSPIRADO GAMES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

9. Indemnification

1. You agree to defend, indemnify and hold harmless the Inspirado Games Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

10. Waiver/Severability

1. The failure of Inspirado Games to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Inspirado Games's right to assert or rely upon any such provision or right in that or any other instance.

2. You and Inspirado Games agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

11. Statute of Limitations

1. You and Inspirado Games both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.