Tetris Online, Inc.
Last Revised: December 15, 2012
2. Terms of SaleTop
All sales of products and services by TOA are governed by TOA’s Terms of Sale set forth herein, which may also be located at www.TetrisFriends.com/legal/tos.php and/or on the applicable TOA Product. By ordering products or services from TOA through any TOA Product, you agree to be bound by and accept such Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in TOA’s sole discretion, so you should review the Terms of Sale each time you make a purchase.
Below are some of the links to various third party vendor or partner terms and conditions (note that TOA is not responsible for updating these links):
RadiumOne (formerly gWallet)
TOA may offer a virtual, in–game currency ("Virtual Currency") including, but not limited to coins, cash, or points, that may be purchased from TOA for "real world" money if you are a legal adult in your country of residence. TOA may also offer virtual, in–game digital items ("Virtual Goods") that may be purchased from TOA 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 TOA or any other party.
Other than a limited, personal, revocable, non–transferable, non–sublicenseable license to use the Virtual Goods or Virtual Currency on the applicable TOA Product for which such Virtual Goods or Virtual Currency were acquired, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating on any TOA Product, or any other attributes associated with use of any TOA Product, or offered or stored on or within any TOA Product.
TOA 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 TOA shall have no liability to you or anyone for the exercise of such rights. TOA’S RIGHTS INCLUDE, WITHOUT LIMITATION, THE RIGHT TO MANAGE, REGULATE, CONTROL, MODIFY AND/OR ELIMINATE VIRTUAL GOODS OR VIRTUAL CURRENCY OFFERED USING TERMS SUCH AS "UNLIMITED", "PERPETUAL" OR "ENDLESS."
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the applicable TOA Product. Outside of the applicable TOA Product, 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 any or all TOA Products and possible legal action.
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 TOA’s sole and absolute discretion, or if TOA discontinues providing the applicable TOA Product.
If you have a balance of Virtual Goods or Virtual Currency unused for three years, TOA may redeem that balance by transferring some or all of such Virtual Goods or Virtual Currency balance to users you have identified as friends or donating to a nonprofit organization of TOA’s choice (and, if applicable, charging standard redemption fees for those transactions).
If TOA elects to make Virtual Goods and/or Currencies available for purchase using credits offered by the applicable social networking site ("SNS Credits"), your purchase of SNS Credits is subject to the applicable terms and conditions of the social networking site from which the SNS Credits were purchased. It is your responsibility to read and accept those terms. TOA shall not be responsible or liable for your interactions with the social networking site or your purchase of SNS Credits.
TOA will establish a redemption rate for SNS Credits that will be posted in the applicable TOA Product. This redemption rate may change from time to time, as determined by TOA in its sole discretion. TOA may stop accepting SNS Credits as a payment method for Virtual Goods or Currencies at any time.
3. User Content and ConductTop
TOA Products may include interactive areas or services, such as personal profile pages, multiplayer video games, instant messaging features, chat rooms or message boards, avatar creation functions, or other areas or services in which you or third parties create, send, post share or store content, messages, materials or other items on or through the TOA Products ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any of the TOA Products, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through any of the TOA Products any of the following:
- a. Any message, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, racially or ethically offensive, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- b. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
- c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- e. Unsolicited promotions, political campaigning, advertising or solicitations;
- f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
- h. User Content that, in the sole judgment of Tetris Online, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas , the Site or the Applications, or which may expose Tetris Online or its users to any harm or liability of any type.
- i. User Content that disrupts the flow of chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text.]
- j. User Content that improperly uses in–game support or complaint buttons to make false reports to Tetris Online employees.
- k. User content that promotes the use of Tetris Online software on or through any service that is not controlled or authorized by Tetris Online.
- l. User Content that violates any Terms of Service or the game rules of conduct;
- m. User content that tricks, defrauds, or misleads Tetris Online or other users, especially in any attempt to learn sensitive account information such as passwords;
- n. User content that promotes the sale of any part of the Service including but not limited to Virtual Goods and Currencies, user accounts, and access to them in exchange for real currency;
Without limiting any of the foregoing, you also agree to abide by our Acceptable Use Policy http://www.tetrisfriends.com/legal/au.php that provides further information regarding acceptable conduct on all TOA Products. You understand and agree that the Acceptable Use Policy is subject to change by Tetris Online at any time by posting an updated policy. Tetris Online shall indicate at the top of the Acceptable Use Policy the date such document was last updated, and any changes will be effective immediately upon posting of the revisions.
YOUR USE OF THE TOA PRODUCTS IS AT YOUR OWN RISK. TETRIS ONLINE IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR USER CONTENT PROVIDED BY ITS USERS ON THE TOA PRODUCTS, OR FOR THE CONDUCT OF ITS USERS.NOR IS TETRIS ONLINE LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER. Tetris Online also is not responsible or liable for any User Content that is incorporated in your personal profile through your election to have Tetris Online pull information and materials from your accounts with third party websites or services, including any errors in such information and materials. While Tetris Online may offer features that enable you to make aspects of the information or materials in your personal profile or your other User Content non–public, Tetris Online is not liable for any inadvertent public display or distribution of such User Content despite your election to make such User Content private. Therefore, you should not post any confidential or otherwise sensitive User Content that you would not feel comfortable having made public. As a provider of interactive services, Tetris Online is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
4. TOA SoftwareTop
5. Third Party Content and ApplicationsTop
TOA may provide links to Web pages, Web sites and other content of third parties ("Third Party Content") and may make third party widgets, plug–ins or other software applications available to users ("the Third Party Applications") as a service to it users. TOA does not monitor or have any control over, and is not responsible or liable for, any Third Party Content or Third Party Applications. Third Party Content and Third Party Applications are provided "AS–IS," and TOA does not endorse or sponsor any Third Party Content or Third Party Applications. TOA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO SUCH THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LEGALITY OR SAFETY THEREOF. USERS USE THE THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS CONTAINED THEREIN AT THEIR OWN RISK.
6. Legal NoticesTop
Tetris ® & © 1985~2012 Tetris Holding. Tetris logo, Tetris theme song and Tetriminos are trademarks of Tetris Holding.
The Tetris trade dress is owned by Tetris Holding. Licensed to The Tetris Company.
Game Design by Alexey Pajitnov. Logo Design by Roger Dean.
BUBBLE POP BATTLETM
© 2012 Tetris Online, Inc.
© 2010 Vanguard/Cornett/Tetris Online/revirth
© 2009, 2010 Headlock Inc. All Rights Reserved.
© 2010 Tetris Online, Inc.
HOME TEAM BASEBALL
© 2011 Tetris Online, Inc. Developed by Revirth co., ltd.
All other TOA Products are copyright of their respective owners, as indicated on the particular TOA Product.
For additional legal notices, see http://www.tetrisfriends.com/legal/notices.php
7. Copyright and Limited LicenseTop
Unless otherwise indicated, the TOA Products, and all content and other materials on the TOA Products or available through the TOA Products, including, without limitation, logos, designs, text, graphics, pictures, information, games, data, software, sound files, and other content and files, and the selection and arrangement thereof (collectively, the "Materials"), are the proprietary property of TOA or its licensors and are protected by U.S. and international copyright laws.
8. Copyright Infringement ComplaintsTop
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that anything on any TOA Product infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
For your notice to be effective, it must include the following information:
- i. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- ii. A description of the copyright work that you claim has been infringed upon;
- iii. A description of where the material that you claim is infringing is located, including the name of the relevant TOA Product and, if available, a link to the location of such allegedly infringing material in such TOA Product;
- iv. Information reasonably sufficient to permit TOA to contact you, such as address, telephone number, and if available, an email address at which you may be contacted;
- v. A statement by you that you have a good–faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- vi. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We highly recommend that you send any complaints by email to dmca@TetrisOnline.com for efficient processing. Otherwise, you may use the traditional (and slower) methods below.
Tetris Online’s Designated Agent is:
Customer Service, ATTN: DMCA
Tetris Online, Inc.
55 Merchant Street, Suite 2100
Honolulu HI 96813
9. Repeat InfringersTop
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, TOA may, in appropriate circumstances and at TOA’s sole discretion, terminate users, subscribers or account holders who are deemed to be repeat infringers. TOA may also at its sole discretion limit access to any or all of the TOA Products and/or terminate access and/or the registrations and/or accounts of any users, subscribers or account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Tetris Online, Tetris, the Tetris Online logos and any other product or service name or slogan contained in the TOA Products are trademarks of Tetris Online and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tetris Online or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Tetris" or any other name, trademark or product or service name of Tetris Online or any TOA Product without our prior written permission. In addition, the look and feel of the TOA Products, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tetris Online and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the TOA Products are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tetris Online.
You are granted a limited, non–exclusive right to create text hyperlinks to the TOA Products for noncommercial purposes, provided such link does not portray Tetris Online or any TOA Product or service in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, illegal or otherwise objectionable. This limited right may be revoked at any time. You may not use a Tetris Online logo or TOA Product logo or other proprietary graphic of Tetris Online to link to any of the TOA Products without the express written permission of Tetris Online. Further, you may not use, frame or utilize framing techniques to enclose any Tetris Online or TOA Product trademark, logo or other proprietary information, including the images found at the TOA Products, the content of any text or the layout/design of any page or form contained on a page on any of the TOA Products, without Tetris Online’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Tetris Online or any third party.
Tetris Online makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third–party Web sites accessible by hyperlink from the TOA Products, or of Web sites linking to the TOA Products. Such sites are not under the control of Tetris Online and Tetris Online is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Tetris Online provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Tetris Online of any site or any information contained therein. When you leave any TOA Product, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the TOA Products.
12. Advertisements and PromotionsTop
TOA may run advertisements and promotions from third parties on the TOA Products, or in the Tetris Software. Your business dealings or correspondence with, or participation in promotions of, advertisers other than TOA, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. TOA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non–TOA advertisers on the TOA Products or in the Tetris Software.
For more information, please visit http://www.tetrisfriends.com/legal/privacy.php.
TOA does not accept or consider unsolicited idea submissions. An idea submission is any creative idea, suggestion, or proposal related to any new or improved games, products, promotions, marketing plans, processes, or technologies. Please do not send any such idea submissions in any form to TOA or any of its employees. Our policy is aimed at avoiding potential misunderstandings or disputes when our company’s products or strategies might seem similar to ideas submitted.
In the event you make such an unsolicited submission, then you acknowledge the following: (i) your submission and its contents will automatically become the property of TOA without any compensation to you; (ii) there is no obligation for TOA to review the submission; and, (iii) you grant TOA a worldwide, non–exclusive, royalty–free, fully paid, perpetual, irrevocable, sublicensable, and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit any and all related intellectual property rights of such submission.
Please note that if you are given access to any new portion of the TOA Products as an Alpha or Beta Tester, the submission rules and protocols relating to Alpha and Best Testing (Section 14) supersede this section on Idea Submissions (Section 13) for any submissions you make in connection with your access as an Alpha or Beta Tester.
14. Alpha and Beta TestsTop
You may be allowed access to new or revised portions of a TOA Product for the purposes of alpha and beta testing. As an alpha or beta tester (the "Tester"), you are given access to the TOA Product solely for the purpose of evaluating the alpha or beta version, providing feedback and helping to identify errors, and you agree to use the TOA Product in accordance with the following terms:
Tester agrees to and does hereby assign to TOA all rights throughout the world, including without limitation copyright, trade secret rights and the right to patent, in any invention, improvement, idea or know–how (whether or not patentable) that is conceived, learned or reduced to practice in the context of Tester’s use of any TOA Product including without limitation all suggestions, comments, improvements, bug–fixes and other information that you report to TOA.
When using a TOA Product during the alpha and beta tests, you may accumulate points, treasures, equipment, game histories, Virtual Goods and/or Currencies or other items and value or status indicators (the "Items"). You understand that such Items may be lost or reset at any time during the testing process or when a particular testing phase is completed, and in such case, all player history, data and Items may be erased.
The Tester acknowledges that a TOA Product or portion thereof in an alpha or a beta test may contain bugs, performance defects and other anomalies. TOA DISCLAIMS ALL WARRANTIES RELATING TO ANY TOA PRODUCT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO , ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD–PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
From time to time, TOA may run various contests and promotions for or in connection with the TOA Products. The rules for such contests and promotions will be provided on such TOA Product and/or from the following link:
16. Registration and Registration Data; Account SecurityTop
You agree to provide true, accurate, current and complete information about you as may be prompted by any registration forms on the TOA Products or Tetris Software ("Registration Data") and to maintain the security of your password and identification. You further agree to maintain and promptly update the Registration Data, and any other information you provide to Tetris Online, to keep it accurate, current and complete. You accept all risks of unauthorized access to the Registration Data and any other information you provide to Tetris Online. Tetris Online reserves the right to refuse registration, or to refuse or limit access to the TOA Products, to anyone in its sole discretion for any reason or no reason.
You agree to defend, indemnify and hold harmless Tetris Online, its independent contractors, service providers and consultants, and their respective directors, licensors, employees and agents, from and against all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the TOA Products or from your use of or inability to use the TOA Products.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TETRIS ONLINE, THE TOA PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TETRIS ONLINE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON–INFRINGEMENT, AS TO THE TOA PRODUCTS AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY TETRIS SOFTWARE, THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS. TETRIS ONLINE DOES NOT REPRESENT OR WARRANT THAT TOA PRODUCTS OR THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR–FREE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. TETRIS ONLINE IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SITE OR USE THE TOA PRODUCTS, AND YOUR USE OF THE TOA PRODUCTS IS AT YOUR OWN RISK.
TETRIS ONLINE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE TETRIS ONLINE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE TOA PRODUCTS SAFE, TETRIS ONLINE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE TOA PRODUCTS, ITS SERVER(S), THE TETRIS SOFTWARE, THIRD PARTY APPLICATIONS OR OTHER SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY–RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Tetris Online reserves the right to change, cancel or delete any and all content contained in the TOA Products at any time without notice. This includes without limitation any levels, rankings, scores, points, game play history, or public recognition you may have achieved or attained.
19. Limitation of LiabilityTop
IN NO EVENT SHALL TETRIS ONLINE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND DEVELOPERS OR ANY OF THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS (COLLECTIVELY, "TOA ENTITIES") BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ANY TOA PRODUCT OR OTHER MATERIALS CONTAINED IN OR ACCESSED THROUGH THE TOA PRODUCTS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TETRIS ONLINE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF PROFILES OR MESSAGES, CANCELLATION OF SAVED GAMES, CHANGES TO OR DELETION OF GAME SCORES OR RANKINGS, THE PROCESS OF MATCHING USERS TO PLAY MULTIPLAYER GAMES OR ENGAGE IN OTHER MULTI–USER ACTIVITIES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TETRIS ONLINE’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TETRIS ONLINE AND ANY OF THE TOA ENTITIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE TOA PRODUCTS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TETRIS ONLINE FOR ACCESS TO OR USE OF THE TOA PRODUCTS.
20. Applicable Law and VenueTop