Terms Of Use Agreement

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Terms Of Use Agreement
1. Ownership and Agreement to Terms of Use
Welcome to Apocalypse Hunters (“Apocalypse Hunters”, “We”, “Our”) location-based cards mobile game, Apocalypse Hunters (“Game”), and all associated Apocalypse Hunters services provided at or through Apocalypse Hunters (collectively, “AH”) including http://www.Apocalypse Hunters.com however accessed and/or used, whether via personal computers, mobile devices, tablets, handheld devices, or through other interactive services, features, applications, and downloads (collectively, “Websites”).

Subscribers, customers, users, and others who download, access, use, purchase, play and/or subscribe (collectively, “use” or “using”) to AH (“You”, “Your”, “Users”) do so under this Terms of Use Agreement (“Terms of Use”).

Any physical device used by Users to use AH and connect with our servers, regardless of its type or method of connection, will be referred to as “Device” in this Terms of Use policy.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING AH, YOU ARE EXPLICITLY ACKNOWLEDGING THAT YOU UNDERSTAND THE TERMS OF USE, AND AGREE TO BE BOUND BY THE TERMS OF USE.

APOCALYPSE HUNTERS RESERVES THE RIGHT, IN OUR SOLE DISCRETION TO MODIFY, ADD OR REMOVE PORTIONS OF THE TERMS OF USE AT ANY TIME (“CHANGES”). IT IS YOUR RESPONSIBILITY TO CHECK THE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF AH WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES.

IF YOU DO NOT AGREE TO THE TERMS OF USE NOW, OR IF AT ANY TIME THE TERMS OF USE ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF AH IMMEDIATELY.

THE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND APOCALYPSE HUNTERS.

You may receive a copy of this Agreement by emailing us at: play@apocalypsehunters.com, Subject: Request Terms of Use Agreement.

This Terms of Use Agreement is solely between You and Apocalypse Hunters, and does not include any of Apocalypse Hunters’s licensors or any third party to which the Website links, any mobile provider, any Device provider, or any advertising network. Apocalypse Hunters is solely responsible for AH and related content.

As long as You comply with the Terms of Use, Apocalypse Hunters grants You a personal, non-exclusive, non-transferable, limited privilege to use AH on a Device.

Subject to the Terms of Use, You may become a AH account holder, play the Game, invite others to play the Game, transmit Your Location Information and actions to other Users, allow Users to transmit their Location Information and actions to You and submit text, messages, information and other content and data as permitted by the functionality of the Game or the Website (including Forums, chat, and bulletin boards) (“User Submissions”). Support and maintenance of AH is provided by Apocalypse Hunters. In no event shall Apple, Google, or any other Apocalypse Hunters licensors have any obligation with respect to maintenance and support services for AH.

2. Age Restriction
AH’s users must be aged 13 years or older at the time of account creation. If you are under the age of 13, cease using AH immediately.

Players who are 13 or older but under the age of 18 agree to review these terms and conditions with their parent or legal guardian. By using AH, both you and your parent or legal guardian understand and agree to the terms of use, and you agree to have your parent or guardian review and accept the terms of use on your behalf.

If you are a parent or legal guardian of a child 13 years or older, but under the age of 18, whose child wishes to use AH, you must agree to and accept the terms of use and take full responsibility for your child’s use of AH, including all financial charges and any legal liability that may result.

If you are a parent or legal guardian of a child who is using AH and you wish Apocalypse Hunters to disable your child’s account, please email Apocalypse Hunters at play@apocalypsehunters.com, subject: Delete my child’s account.

3. Your Conduct
You agree NOT to:
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Game in any form of client or server, including code in any and all programming languages;
modify or attempt to modify or in any way tamper with the Game, including without limitation modifying or automating the Game characters or changing, blocking or in any way disrupting Location Information from the Device of any User (including Yours) so that such Location Information no longer reflects the true and correct location of a User;
block any advertising in connection with AH;
copy or clone the Game
use profanity in any communications with other Users in all available channels supported in relationship to AH including chats, personal messages, status messages, profile pictures, and player bios;
include any sexually explicit text, picture, or other material or language including references to sexually explicit material in any communication to other Users in all available channels supported in relationship to AH including chats, personal messages, status messages, profile pictures, and player bio;
include any personally identifiable information in your user ID or Game alias;
use the Game to find the location of any other User other than for purposes of playing the Game;
stalk, harass or threaten other Users;
physically or emotionally harm other Users;
commit any illegal action through use of the Game;
sell items, user accounts, or access to user accounts or Game content for valid currency or items of monetary value;
share or allow others to use Your account. You are responsible for maintaining the security of Your account, including, but not limited to, login information, password, e-mail, and all activity that occurs on Your account, including, but not limited to, Food purchases, item drops, messages, and chats;
transfer an account to any other person or entity for any reason including in the event of death or any disability;
maintain more than one account;
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;
attempt to impersonate any other party whether a person or entity;
create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
trick, defraud or mislead Apocalypse Hunters or other Users, especially in any attempt to learn sensitive account information such as passwords and login information;
take advantage of any glitch or bug in AH, especially in any attempt to gain monetary value or learn sensitive account information of other Users;
make improper use of Apocalypse Hunters’s support services or submit false reports of abuse or misconduct;
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;
disparage, tarnish, or otherwise harm, in Apocalypse Hunters’s opinion, AH and/or Apocalypse Hunters including its owners and employees;
disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
interfere with or circumvent any security feature of AH or any feature that restricts or enforces limitations on use of or access to AH or User Submissions;
engage in cheating or any other activity deemed by Apocalypse Hunters to be in conflict with the spirit or intent of AH.
play Apocalypse Hunters when you’re on your bike, driving a car, riding a hoverboard, or anything else where you should be paying attention, and of course never wander away from your parents or your group for a reason in the game. This is for your safety sake.
Conduct, General Prohibitions, and AH’s Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
upload, post, email, transmit or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
impersonate or misrepresent your affiliation with another person or entity;
promote or provide instructional information about illegal or harmful activities or substances;
promote or engage in physical harm, violence, or injury against any group or individual;
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
or
submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals.

In addition, you agree not to do any of the following:
post, upload, publish, submit or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
use, display, mirror, or frame the Services or any individual element within the Services, AH’s name, any AH trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without AH’s express written consent;
access, tamper with, or use nonpublic areas of the Services, AH’s computer systems, or the technical delivery systems of AH’s providers;
attempt to probe, scan, or test the vulnerability of any AH system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AH or any of AH’s providers or any other third party (including another user) to protect the Services or Content;
attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by AH or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
extract, scrape, or index the Services or Content (including information about users or game play);
use any meta tags or other hidden text or metadata utilizing a AH trademark, logo, URL, or product name without AH’s express written consent;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false sourceidentifying information;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in an manner not permitted by these Terms, including but not limited to (i) gathering inApp items or resources for sale outside the App, (ii) performing services in the App in exchange for payment outside the App, or (iii) sell, resell, rent, or lease the App or your Account;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.

4. Disclaimers
You acknowledge and agree that Apocalypse Hunters has offered AH and entered into the Terms of Use with You in reliance upon these disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the disclaimers and the limitations of liability set forth in the Terms of Use reflect a reasonable and fair allocation of risk between You and Apocalypse Hunters, and that the disclaimers and limitations of liability set forth in this agreement form an essential basis of the bargain between You and Apocalypse Hunters. Apocalypse Hunters provides AH to You with these disclaimers and limitations on liability.

AH is intended only as a location-based Game for Devices. It should not be used or relied on as an emergency locator system, used while driving or operating any vehicle or other means of transportation, or used in any situation where such use could lead to death, personal injury, severe physical injury or property damage. You agree that your use of AH shall be at your sole risk. AH is provided “as is” and without any warranties of any kind.

Apocalypse Hunters expressly disclaims all warranties, expressed or implied, related to AH and your use thereof, including, warranties of title, merchantability, fitness for a particular purpose or non-infringement or warranties of uninterrupted, timely, secure, or error-free use or operation.

If you purchased the Game from a third party platform (e.g. the Apple App Store or the Google Android Market), your sole remedy is to request a refund from such platform and, consistent with its policies, the platform will refund the purchase price for AH to you. To the maximum extent permitted by law, the platform will have no warranty obligation whatsoever with respect to AH and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of AH.

Apocalypse Hunters does not warrant or make any representations regarding the use or the results of the use of any AH Location Information, terms of security, safety, correctness, accuracy, reliability, or otherwise. You assume the entire cost of and responsibility for any necessary servicing, repair, or correction related to your use of AH or download of the Game. In no event shall Apocalypse Hunters or any third party platform be responsible for any such servicing, repairs or corrections. You understand and agree that you access, download, or otherwise obtain AH, or material or data through the use of AH, at your own discretion and risk.

Apocalypse Hunters assumes no liability or responsibility for (a) errors, mistakes, or inaccuracies of AH; (b) any products or services listed on or purchased through AH; (c) any acts, omissions and conduct of any users, advertisers and/or other parties on or through AH; (d) any unauthorized access to or use of AH servers and/or any and all personal information or other data stored therein; (e) any interruption or cessation of transmission to or from AH; (f) any injuries physical or emotional to you or third parties related to use of AH; (g) any illegal activity in connection with AH; and (h) any bugs, viruses, trojan horses, or the like which may be transmitted to or through AH.

Apocalypse Hunters does not warrant, endorse, guarantee, or assume responsibility for any product listed or sold by a third party through AH or any hyperlinked website or featured in any advertisements.

To the maximum extent permitted by law, Apocalypse Hunters expressly disclaims all liability for product defect or failure of AH or the Devices on which it is loaded, claims that are due to normal wear, AH or Device misuse, abuse, modification, improper product selection, non-compliance with any codes, or misappropriation. Apocalypse Hunters makes no warranties to those defined as “Consumers” in the Federal Trade Commission’s Magnuson-Moss Warranty Act.

Apocalypse Hunters will not be a party to or in any way be responsible for monitoring any transactions or interactions between You and other Users or third-parties. As with use of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

5. Limitation of Liability
To the fullest extent permitted by law: in no event will Apocalypse Hunters be liable for consequential, indirect, incidental, punitive, reliance, exemplary or special damages arising out of or in connection with (a) these Terms of Use; (b) the use, disclosure, display, or maintenance of Your personal information and Location Information; (c) Your inability to use AH; (d) AH generally; (e) the software or systems that make AH available; (f) your failure to maintain the security of Your account login and password information; or (g) any other interactions with AH, AH Users, or third parties in connection with AH.

The limitations of liability in this section shall apply even if AH or a AH authorized representative has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this Terms of Use agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.

In no event will Apocalypse Hunters’s aggregate liability arising out of or in connection with the Terms of Use, whether in contract, tort (including negligence, product liability or other theory), warranty or otherwise, exceed the greater of the amount paid by the Users to use AH or $50.

Your sole and exclusive remedy from any use of, or inability to use, AH, shall be for you to discontinue use of AH.

To the extent that there are claims not covered by the disclaimers, limitations of liability and indemnifications herein, Apocalypse Hunters, not any third party platform, is responsible for addressing any of such claims related to AH or Your possession and/or use of AH, including but not limited to (a) product liability claims; any claim that AH fails to conform to any applicable legal or regulator requirement; and (b) claims arising under consumer protection or similar legislation.

In the event of any third party claim, not covered by the disclaimers, limitations of liability and indemnifications herein, that AH or your possession and use of AH infringes that third party’s intellectual property rights, Apocalypse Hunters, not any third party platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

6. Indemnification
You agree to indemnify, defend at Apocalypse Hunters’s request, and hold harmless Apocalypse Hunters, its affiliates, officers, directors, employees and agents (the “Indemnified Parties”) from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, expenses and any other liabilities (including attorney’s fees, litigation expenses and settlement amounts) arising from or related to (a) Your use or misuse of any Location Information or AH generally; (b) any violation of the rights of, or injury to, any other person or entity either directly or indirectly caused by You; (c) any breach or violation by You of the Terms of Use; (d) Your use of AH to meet another User in-person; (e) Your use of AH to locate any physical location or attend any offline event; (f) Your use of, or inability to use, AH; (g) any of Your User Submissions; Your infringement, misappropriation or violation of any copyright, trademark, or privacy or publicity right or other third party right; (h) any acts or omissions by You as a User of the Game or as the organizer of a Game group created by You and made up of other Game Users; (i) any product listed or sold by You in connection with AH, including any personal injury, death or property damages caused by any product, or any other product liability, defect, or other claim that any product caused damage to a third party; (j) Your violation of any law, rule or regulation, whether local, state, federal or international; (k) any other party’s access and use of AH or the Game with Your unique username, password or other appropriate security code; or (l) any negligence or willful misconduct by You. You agree not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.

7. Content Ownership
All of the content on AH including, without limitation text, graphics, maps, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content (“Content”), is owned by Apocalypse Hunters, its licensors, vendors, agents or content providers. All elements of AH including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes.

AH may only be used for the intended purpose for which AH is being made available. Except as may be expressly set forth herein, You hereby agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth herein, the Terms of Use only allow You to display, view, play, print, and download Content for Your own personal, informational, and noncommercial purposes. AH and the Content will remain the exclusive property of Apocalypse Hunters or its licensors, vendors, agents or content providers unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on AH.

Modification of the Content or use of the Content for any purpose other than specified in the Terms of Use is a violation of Apocalypse Hunters’s legal rights. For purposes of these Terms of Use, the use of Content on any other website or networked computer environment is prohibited unless explicitly stated otherwise.

8. User Submissions
You hereby acknowledge and agree that Apocalypse Hunters does not guarantee any confidentiality or anonymity with respect to any user submissions (“User Submissions”) in all User editable sections of AH, including, but not limited to, the Game, the Websites including the Forum and Guide, personal messages, chats, profiles, and bug tracking systems. You will be solely responsible for your own User Submissions. You represent and warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize Apocalypse Hunters to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and to enable inclusion and use of the User Submissions in the manner contemplated by AH and the Terms of Use.

You retain all of Your ownership rights in Your User Submissions. However, by submitting User Submissions to AH, You grant Apocalypse Hunters a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Submissions in connection with Apocalypse Hunters (and its successors’ and affiliates’) businesses, including for promoting and marketing AH, the Game (and derivative works thereof) in any media formats and through any media channels or platforms now known or hereinafter invented. Such license may also be exercised on behalf of Apocalypse Hunters by third parties acting on Apocalypse Hunters’s behalf (e.g. technology partners, service providers and independent contractors). You also grant each other User a non-exclusive license to access Your User Submissions through AH, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of AH and under these Terms of Use.

Apocalypse Hunters reserves the right to remove or decline to post any User Submissions at any time, for any reason (or for no reason), without notice and at its sole discretion, including if it determines that the User Submissions are inappropriate or fail to comply with the Terms of Use. APOCALYPSE HUNTERS HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER USER, THIRD PARTY OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF ANY SCREENING OR REMOVAL ACTIVITIES. Apocalypse Hunters is not responsible for the back-up of any of User Submissions or any lost data resulting from the use, operation or discontinuation of any aspect of AH. You are solely responsible for maintaining back-ups of Your User Submissions and any information generated or stored through the use of AH.

Apocalypse Hunters is not responsible for any User Submission posted in connection with AH. You agree not to: publish, post, distribute, or otherwise disseminate any User Submission that is libelous, defamatory, that invades privacy, or is obscene, pornographic, abusive, harassing, or otherwise unlawful or objectionable or which infringes on any intellectual property or other rights of any entity or person; threaten, harass, stalk, abuse others, or otherwise cause distress or unwanted attention to any person; engage in any unlawful purpose, or use AH in a manner that is contrary to any law or regulation; promote or encourage any illegal activity; transmit advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of AH; impersonate another User, use another User’s login, or violate the Terms of Use or the conduct agreements posted in the section labeled ‘Your Conduct’.

9. Virtual Items
AH may also include virtual, in-game digital items (“Virtual Goods”) including but not limited to virtual Food, that may be purchased from Apocalypse Hunters for valid currency. (a) Regardless of the terminology used, Virtual Goods may never be redeemed for valid currency, goods or other items of monetary value from Apocalypse Hunters or any other party. (b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods in AH, you have no right or title in or to any such Virtual Goods appearing or originating in AH, or any other attributes associated with use of AH or stored within AH. (c) Apocalypse Hunters has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Goods as it sees fit in its sole discretion, and Apocalypse Hunters shall have no liability to you or anyone for the exercise of such rights. (d) Transfers of Virtual Goods are strictly prohibited except where explicitly authorized within AH. Outside of the Game, you may not buy or sell any 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 AH and possible legal action. (e) You agree that all sales of Virtual Goods are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods are forfeited if your account is terminated or suspended for your violation of these Terms of Use or any other misconduct, as determined by Apocalypse Hunters in Apocalypse Hunters’s sole and absolute discretion, or if Apocalypse Hunters discontinues providing AH. (f) You agree to not dispute or charge-back any payments for purchases that have been successfully credited to your account within AH or otherwise attempt to defraud Apocalypse Hunters. Should Apocalypse Hunters receive notice of any payment disputes or charge-backs for successfully completed purchases which have already been credited to Your account, You agree that Your account will be temporarily suspended until the payment dispute or charge-back is canceled. If the dispute or charge-back is not canceled in time, and the funds from the purchase are reversed by the payment processor, Your account will be indefinitely suspended until You re-pay said funds to Apocalypse Hunters, in addition to any Fees charged to Apocalypse Hunters by the payment processor for having reversed the transaction.

10. Platinum Membership Subscriptions
A User may also choose to subscribe to a monthly Platinum Membership subscription (“Subscription” or “Subscriptions”) that may be purchased from Apocalypse Hunters for valid currency. When purchasing a Subscription, the User must use a major credit card through Google Checkout or PayPal in order to register for the service.

Subscriptions that a User purchases from Apocalypse Hunters through Google Checkout are one-time, non-renewing purchases, which will automatically expire after the length of time of the Subscription interval purchased has elapsed.

Subscriptions that a User purchases from Apocalypse Hunters through PayPal can be purchased as either one-time non-renewing purchases or in automatically-renewing billing cycles. If purchased via the one-time non-renewing intervals, the Subscription will automatically expire after the length of time of the interval purchased has elapsed. If purchased via the automatically-renewing billing cycles, the Subscription will remain active on the User’s account indefinitely, or until canceled by the User, and will automatically re-bill their PayPal account at the beginning of each new billing cycle.

A User can cancel the automatic renewal of their Subscription through PayPal at any time prior to its renewal date by clicking the ‘cancel’ button on their Profile in-game, or by visiting their profile from the Website, logging in with their AH account name and password, and then clicking the ‘cancel’ button.

By purchasing a Subscription you agree that a) all sales of Subscriptions are final. No refunds will be given, except in our sole and absolute discretion; b) Apocalypse Hunters has the absolute right to manage, regulate, control, modify and/or eliminate such Subscriptions as it sees fit in its sole discretion, and Apocalypse Hunters shall have no liability to you or anyone for the exercise of such rights; and c) any days of a Subscription that is already paid for and remaining on the account is forfeited if your account is terminated or suspended for any reason, in Apocalypse Hunters’s sole and absolute discretion, or if Apocalypse Hunters discontinues providing AH.

11. Communications
Users who use the Apocalypse Hunters Forum or send email to Apocalypse Hunters staff are required to agree to the following additional terms and conditions that govern all communications on the Forum between the User, other Users, and/or Apocalypse Hunters and the ownership of any such communications as consideration for the privilege of being permitted to contribute to the Forum:

You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chat room postings, ideas, suggestions, concepts, designs, or other material (“Material”) You submit to any physical Apocalypse Hunters company address, to any website owned or controlled by Apocalypse Hunters, or to any e-mail addresses contained in or on those web sites (each a “Apocalypse Hunters Location”) and that You submit in your capacity as a User, in Apocalypse Hunters’s sole discretion, shall be the property of Apocalypse Hunters.

When You submit any Material to a Apocalypse Hunters Location, You acknowledge and agree that You are assigning all intellectual property rights in that Material to Apocalypse Hunters and that the intellectual property rights to such Material will no longer belong to You. Upon Your assignment of Material to Apocalypse Hunters, Apocalypse Hunters has the right to use the Material for as long as it wants, in any way it chooses, including for commercial, promotional, and advertising purposes without any obligation (including any financial obligation) to You at any time. You waive and relinquish any rights, including “moral rights,” that may exist in the Material to the furthest extent permissible by law and agree not to assert any rights over the Material.

You agree to treat any communication or information you receive from Apocalypse Hunters, through AH posted by Apocalypse Hunters, in AH in a private forum, through e-mail, or in Apocalypse Hunters’s bug tracking system as confidential (“Confidential Information”) and refrain from sharing it with any third parties, including other Users and Apocalypse Hunters competitors. Such Confidential Information may include without limitation, previews of designs or models for the Game, software, source code, bug reports, any information provided by Apocalypse Hunters to beta testers, any information in tech support e-mails, private forum messages, private messages in the Game, and marketing information.

If You do not agree to these additional terms and conditions governing communication, you should not partake in correspondence with Apocalypse Hunters and should not use the Forum.

12. User Interactions
Apocalypse Hunters is not responsible for Your interactions with other Users, including playing, communicating, networking, any purchase or sale of goods, and/or any other interactions between You and other Users. All such interactions made using AH should be considered public. As with any web-based interaction, We suggest that You use caution and good judgment. Apocalypse Hunters bears no liability for any loss or damage incurred as a result of any such interactions. If there is a dispute between You and another User or a third party, Apocalypse Hunters is under no obligation to become involved. You release Apocalypse Hunters and its officers, directors, employees, agents and contractors from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature arising out of or in any way related to such disputes or interactions, AH and Apocalypse Hunters.

13. Third Party Websites
AH may contain links to third-party websites that are not owned or controlled by Apocalypse Hunters. All such links are provided solely as a convenience to You. Apocalypse Hunters has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. Apocalypse Hunters does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the AH, You expressly relieve Apocalypse Hunters from any and all liability arising from Your use of any third-party website.

The Websites also include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to the Websites, and that your use of the third party services is subject to the terms and policies of those services. In some cases, the Websites may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.

14. Advertising
Apocalypse Hunters has the exclusive right to market, offer, sell and place advertisements and/or other promotional content or materials (“Advertisements”) on or in connection with AH for its sole benefit. You will not, and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on or in connection with AH.

15. Termination and Modification
Deletion. You may delete Your AH account at any time, for any reason, contact us at play@apocalypsehunters.com

Termination. Apocalypse Hunters may suspend or terminate Your account or Your use of AH at any time, without notice, for any reason or for no reason. If Your AH account is suspended or terminated, Apocalypse Hunters also reserves the right to suspend or terminate Your use or access to any other Apocalypse Hunters product. We may also block Your access to AH or any other Apocalypse Hunters product in the event that: (a) You breach the Terms of Use; (b) We are unable to verify or authenticate any information You provide to us; or (c) We believe that Your actions may cause financial loss or legal liability for You, Our Users, and/ or Apocalypse Hunters. Apocalypse Hunters also reserves the right to terminate or deactivate User accounts that are inactive for an extended period of time.

Effects of Termination. Upon any such termination, Your rights to access and use AH shall automatically terminate. Apocalypse Hunters has no obligation to delete, remove, or retain Your User Submissions or any Virtual Items, and they may remain active on AH. In addition, even if User Submissions or Virtual Items are deleted from active display on AH, they may be recorded and saved by Apocalypse Hunters in its archives.

Modification. Apocalypse Hunters may at any time modify the Game or Websites, any characters in the Game or Websites, or any physical characteristics of the Game or Websites at any time for any reason (or no reason) and without notice to You.

18. General
The Terms of Use will be governed by the laws of the State of Belgium. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to You or delegate any of Your duties hereunder and any attempt to do so is void and of no effect. Apocalypse Hunters may assign its rights and delegate its duties under this Agreement in their entirety at any time, including in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement.

Nothing in this Agreement shall constitute a partnership or joint venture between You and Apocalypse Hunters. Apocalypse Hunters does not guarantee continuous, uninterrupted or secure access to AH, and use of AH may be interfered with by numerous factors outside of Our control.

19. Third Party Beneficiary
You and Apocalypse Hunters acknowledge and agree that any platform, and their subsidiaries are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, such platform will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary of the Terms of Use.

Privacy
Privacy Policy
This Privacy Policy describes the privacy policies and practices of Apocalypse Hunters SPRL (“Apocalypse Hunters SPRL”) regarding its location-based cards mobile game, Apocalypse Hungers (“Game”), and all associated Apocalypse Hunters SPRL products and services provided at http://www.apocalypsehunters.com or however accessed and/or used, whether via personal computers, mobile devices, tablets, handheld devices, or through other interactive services, features, applications, and downloads (collectively, “Websites”), collectively referred to as “AH” in this Policy.

We will refer to subscribers, customers, users, and others who download, access, use, purchase, play and/or subscribe to (collectively, “use” or “using”) AH as “Users” and “User”, “You” or “Your” throughout this policy.

Most of our Users will use AH as it was intended — a harmless way for friends and strangers to play together. But, be aware, information about your location is subject to misuse and monitoring by others who use AH. Please take care with how you play AH, and how you manage your information and communications on AH.

Please be aware that any profile, personally identifiable information or Location Information that you voluntarily disclose on any public forum on our Websites or through any action including but not limited to messaging and building location-based structures within our Game, is publicly available and can be read, collected, or used by others, and could be used to send you unsolicited messages. Apocalypse Hunters SPRL is not responsible for any third party use of User profiles, personally identifiable information, Location Information, or any other identifying information that you choose to disclose publicly using AH.

This Privacy Policy is incorporated into and is subject to the Terms of Use Agreement. Your use of AH and any personally identifiable information and Location Information you provide in using AH is subject to the terms of this Privacy Policy and the Terms of Use Agreement.

Information Apocalypse Hunters SPRL Collects

Users may have to create a unique account name and may need to provide all or some of the following: his or her name, Facebook data, Facebook ID, age, email address, phone number, and password to Apocalypse Hunters SPRL to activate an account for use in AH (collectively, “Personal Information”).

When you play our Game, we collect certain types of technical information about your iPhone, iPad, iPod Touch, any device running Google Android, computer, tablet, or any other method used to access and operate AH (“Device”), including but not limited to unique device ID, device type, carrier, location, default device language, and platform (collectively, “Device Information”).

When AH is being used, Apocalypse Hunters SPRL collects coordinates from GPS and cell tower triangulation or any other means provided by the Device that shows the current location of the User’s Device. AH may also determine an approximate Device location through Facebook data or a User-entered ZIP code. Data collected from any of the sources listed in this policy containing exact and/or approximate User Device location will collectively be referred to as “Location Information” in this policy. Apocalypse Hunters SPRL, or its contractors, retains Location Information on their servers. Location Information for each User is linked to the Personal Information of that User.

As part of the Game, Apocalypse Hunters SPRL collects and stores information about the actions and movements of Users. Also as part of the Game, Apocalypse Hunters SPRL shares the Location Information of the Users’ devices with other Users. Location Information sharing occurs even when a User is not playing the Game, although the Location Information is only updated with the User’s current location when a User opens the Game application on his or her device.

Apocalypse Hunters SPRL may collect additional information about Users from third parties that you have agreed may be shared by those third parties, including without limitation Facebook, advertising networks, surveys, and other data collectors. Except where we have obtained your express consent, Apocalypse Hunters SPRL does not share the Location Information with third parties and only shares Personal Information with third parties to the extent expressly allowed by the User.

Users may prevent further collection of Location Information by discontinuing use of AH. A User’s Personal Information, Device Information, and Location Information will be retained for each User for as long as Apocalypse Hunters SPRL’s business needs require as determined at Apocalypse Hunters SPRL’s sole discretion, unless the User contacts Apocalypse Hunters SPRL and requests to have his or her Personal Information, Device Information and/or Location Information deleted in accordance with the procedure outlined in the section titled “How to Delete Information Obtained by Apocalypse Hunters SPRL.”

Apocalypse Hunters SPRL may use data collected from you, after removing any data that identifies any specific User from Personal Information, Device Information, and Location Information and combine such remaining data to create “Aggregate Information.” Such anonymous Aggregate Information is not personally identifiable and is not Personal Information, Device Information, or Location Information.

Playing the Game may require the use of an iPhone, iPod Touch, iPad, or any device running Google Android. If you want to receive SMS text notifications from AH, a messaging (including SMS text messages) plan is also required. Standard data and messaging charges, fees, and taxes from the User’s carrier apply to any SMS text notifications you receive from AH.

To use AH, the User must consent to: (a) the use of his or her mobile device’s location including the display and disclosure of that Location Information to other Users and within the Game; (b) the sharing of his or her movements, actions, messages and chat in the Game with other Users (c) the receiving of text messages; and (d) pay carrier data, messaging, and other fees resulting from AH use.

The User’s password is automatically encrypted and saved on Apocalypse Hunters SPRL servers, and the User’s device Location Information is updated automatically with the User’s current location when the User opens and uses AH.

Information Apocalypse Hunters SPRL Collects from Visits

When Users and others visit our Websites, Apocalypse Hunters SPRL collects the visitor’s IP address (the unique set of numbers used to identify the visitor’s computer), and his or her registered domain or home server. When Users use AH, including the Game, Websites including the Forum, or bug tracking system, Apocalypse Hunters SPRL’s servers automatically record certain information about their usage from their mobile device and/or web browser. These server logs may include information such as a Device identification number and Device identifier, web requests, Internet Protocol address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the number of messages related to the User’s profile, the amount of time spent on particular web pages, and the dates and times of requests. Apocalypse Hunters SPRL, its contractors and other third parties that help Apocalypse Hunters SPRL provide AH and the Websites (“Apocalypse Hunters SPRL’s agents”) may use “cookies” to improve visitors’ experience at the Website.
If a visitor requests information by sending Apocalypse Hunters SPRL an email or accesses the Game, Apocalypse Hunters SPRL may save the visitor’s e-mail address and any other information that the visitor or User provides. This information may be used by Apocalypse Hunters SPRL to provide services or products the visitor requests and to contact the visitor in the future by mail, by e-mail, or by phone to convey information about Apocalypse Hunters SPRL’s services. Such information also allows Apocalypse Hunters SPRL to respond to visitors’ inquiries concerning career opportunities at Apocalypse Hunters SPRL. Visitors will always be provided with the option not to be contacted or to unsubscribe if they register with the site.

How to Delete Information Obtained by Apocalypse Hunters SPRL.

A User may have his or her Personal Information, Device Information and Location Information deleted by emailing play@apocalypsehunters.com with the Memo Title: Delete User Information from the email address used to create the account. This will result in the account being deleted.

How Information Is Secured.

Apocalypse Hunters SPRL uses a variety of physical, technical, and procedural safeguards to guard against loss, misuse, and alteration of Personal Information, Device Information, and Location Information. For example, Location Information transmitted from mobile devices to Apocalypse Hunters SPRL is encrypted; access to Personal Information is limited to Apocalypse Hunters SPRL and contractor personnel who need the information for AH; and Apocalypse Hunters SPRL uses and requires its contractors to use technical measures to guard against unauthorized access to Personal Information and Location Information. Apocalypse Hunters SPRL also requires Users to use usernames and passwords to access Personal and Location Information. Apocalypse Hunters SPRL cannot, however, guarantee the security of any Personal Information, Device Information, or Location Information, or information collected from the Websites or other correspondence including e-mail. Despite Apocalypse Hunters SPRL’s efforts to secure such information, it may be accessed, disclosed, altered, or destroyed by a breach of Apocalypse Hunters SPRL’s physical, technical, and procedural safeguards. Users use AH and visitors go to the Websites at their own risk. If Apocalypse Hunters SPRL learns that a User’s Personal Information, Device Information, or Location Information has been disclosed to an unauthorized person, Apocalypse Hunters SPRL will attempt to notify the User.

How Apocalypse Hunters SPRL Uses Users’ and Websites Visitors’ Information.

Apocalypse Hunters SPRL uses each User’s Personal Information, Device Information, and Location Information to provide AH to the User. Providing AH to the User may include the following uses of Personal Information, Device Information, and Location Information:
Display of each User’s live location to other Users, or to alert fellow Users when you are nearby.
Display of your actions, messages, and chat contributions to other Users.
Use of Users’ e-mail address or mobile number from time-to-time for marketing and administrative purposes such as sending privacy or security related notices, notifying Users of major AH changes, or for other User service purposes.
Use of Personal Information, Device Information, and Location Information for analytical purposes.
With your express consent, use of User’s Personal Information, Device Information, and Location Information to target advertising to you.
With your express consent, provision of User’s Personal Information, Device Information, and Location Information to third parties for analytical and advertising purposes.
Apocalypse Hunters SPRL does not use Personal Information or Location Information to send commercial or marketing SMS text messages or email messages to Users without their express consent, unless they have opted-in to be part of a specific program or feature in accordance with the applicable AH consent procedures.

You acknowledge and agree that Apocalypse Hunters SPRL may share Personal Information, Device Information, Location Information, and information collected from the Websites with Apocalypse Hunters SPRL’s agents, corporate affiliates, or advisors who help Apocalypse Hunters SPRL operate and improve its business. Apocalypse Hunters SPRL has entered into or will enter into written agreements with its agents, corporate affiliates, and advisors to which it discloses Personal Information, Device Information, Location Information, and information collected from the Websites that requires them to adhere to pertinent provisions of this Privacy Policy. Apocalypse Hunters SPRL also prohibits its agents, corporate affiliates, and advisors from using any information disclosed to them by Apocalypse Hunters SPRL for purposes other than implementing Apocalypse Hunters SPRL’s instructions.

Apocalypse Hunters SPRL may use Aggregate Data to analyze how Users use AH to determine ways in which Apocalypse Hunters SPRL can improve AH and to consider offering new services to Users. Apocalypse Hunters SPRL may also use information collected from the Websites to analyze traffic to the Websites to determine how to improve them.

Apocalypse Hunters SPRL may use or disclose Personal Information, Device Information, and Location Information and information collected through e-mail or from the Websites: to comply with applicable laws; to protect the rights and property of Apocalypse Hunters SPRL or others; to protect a person’s safety; to prevent abuse; as evidence in legal proceedings; to cooperate with properly authorized law enforcement investigations; and in response to subpoenas from third parties. If permitted by law, Apocalypse Hunters SPRL will use good faith efforts to promptly notify a User of any subpoena that seeks any of the User’s Personal Information, Device Information, or Location Information to enable the User to seek to quash the subpoena.

Apocalypse Hunters SPRL may disclose or sell Personal Information, Device Information, Location Information, and information collected from the Websites as an asset in conjunction with the sale of Apocalypse Hunters SPRL to a third party or in conjunction with the sale of a portion of Apocalypse Hunters SPRL’s assets.

Children’s Information

Apocalypse Hunters SPRL recognizes the importance of protecting the privacy of children. Apocalypse Hunters SPRL will not knowingly collect any Personal Information, Device Information, or Location Information from anyone under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS AH AT ANY TIME OR IN ANY MANNER. If Apocalypse Hunters SPRL learns that Personal Information of persons less than 13-years-of-age has been collected through AH without verifiable parental consent, then Apocalypse Hunters SPRL will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 18 has obtained a AH account against your wishes or without your consent, then you may alert Apocalypse Hunters SPRL at play@apocalypsehunters.com and request that Apocalypse Hunters SPRL delete that child’s Device Information, Personal Information, Location Information, and account from its systems.

7. Information Collected by Others
This Privacy Policy addresses only the policy and procedures of Apocalypse Hunters SPRL. Apocalypse Hunters SPRL is not responsible for the privacy policies of third parties, including but not limited to those whose websites may be linked to the Apocalypse Hunters SPRL’s Websites.

8. Enforcement
If a User believes that his or her rights as described in this Privacy Policy have been violated by Apocalypse Hunters SPRL, the User should email play@apocalypsehunters.com Apocalypse Hunters SPRL will attempt to resolve User complaints as quickly as possible.

9. Amendments to this Privacy Policy
Apocalypse Hunters SPRL reserves the right, at its sole discretion, to change, modify, add to, or remove any portion of this Privacy Policy, in whole or in part, at any time. Apocalypse Hunters SPRL will include such amendments on the version of this Policy that is posted on Apocalypse Hunters SPRL’s Websites. Amendments to the Policy will take effect immediately upon being posted to the Websites. It is your responsibility to check the Privacy Policy periodically for changes. User’s continued use of AH after Apocalypse Hunters SPRL posts an amendment constitutes User’s acceptance of and consent to such amendment.

10. Contact Us
For more information about our Privacy Policy and practices, e-mail us at play@apocalypsehunters.com. By using AH, the User acknowledges that he or she has read and accepted this Privacy Policy. If you do not accept this Privacy Policy, please do not use AH or visit the Websites.

11. Bankruptcy, Merger or Acquisition
In the event that Apocalypse Hunters SPRL is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control so that Apocalypse Hunters SPRL can continue operations. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how Users’ Personal Information, Device Information, and Location Information is treated, transferred, or used. Users will be notified via notice through Apocalypse Hunters SPRL of any such change in ownership or control of their Personal Information, Device Information, and Location Information.

Cookie Policy
This page contains information on what “cookies” are, the cookies used by Apocalypse Hunters and all associated AH products and services provided at http://www.apocalypsehunters.com however accessed and/or used, whether via personal computers, mobile devices, tablets, handheld devices, or through other interactive services, features, applications, and downloads (collectively, “Websites”), how to switch off cookies in your browser, how to specifically disable third party advertising cookies, and some useful links for further reading on the subject. If it does not provide the information you were looking for, or you have any further questions about the use of cookies on the Websites, please email play@apocalypsehunters.com

What are ‘cookies’? ‘Cookies’ are small text files that are stored by the browser on your computer or mobile device. Websites are able to read and write these files, allowing them to store things like personalization details or user preferences. You can think of cookies as providing a “memory” for the website, enabling it to recognize a user and respond appropriately. Each web domain can only access cookies stored by that specific web domain, meaning that only our servers can access the cookies set by the Websites. Most web pages contain elements from multiple web domains, therefore when you visit the Websites, your browser may receive cookies from several sources.

How the Websites use cookies
A visit to the Websites may generate the following types of cookie:

Anonymous analytics cookies: Every time a user visits our website, web analytics software provided by a third party generates an anonymous analytics cookie. These cookies can tell us whether or not you’ve visited the site before. Your browser will tell us if you have these cookies, and if you don’t, we generate new ones. This allows us to track how many individual unique users we have, and how often they visit the site. Unless you are signed into the Websites, these cookies cannot be used to identify individuals; they are used for statistical purposes only.

Registration cookies: When you log in to the Websites, we generate cookies that represent whether you are signed in or not. Our servers use these cookies to determine which account you are signed in with, and if you are allowed access to a particular service. After logging out of the Websites or your session expires, these cookies get deleted. While you are signed into the site, we may combine information from your registration cookies with the above mentioned web analytics cookies, which we could use to identify which pages your account has visited on the Websites.

Other third party cookies: On some pages of the Websites, components supplied by third parties may also set their own anonymous cookies for the purposes of tracking the success of their application, or customizing the application for you. Because of how cookies work – the Websites cannot access these cookies, nor can the third parties access the data in cookies used by the Websites.

How do I turn cookies off?
All modern browsers allow you to change your cookie settings. These settings will typically be found in the ‘options’ or ‘preferences’ menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the ‘Help’ option in your browser for more details.

Internet Explorer: http://support.microsoft.com/kb/196955
Firefox: http://support.mozilla.com/en-US/kb/Cookies
Chrome: http://www.google.com/support/chrome/bin/answer.py?hl=en&answer=95647
Safari: http://docs.info.apple.com/article.html?path=Safari/3.0/en/9277.html

We do not recommend turning cookies off when visiting the Websites, as this will prevent you from signing in and using many of the services on the site.

Useful links
If you would like to find out more about cookies and their use on the Internet, you may find the following links useful:

Microsoft Cookies Guide: http://www.microsoft.com/info/cookies.mspx
All About Cookies: http://www.allaboutcookies.org/

If you are in Europe, the IAB has provided the following website to give information specifically about privacy issues around Internet advertising:http://www.youronlinechoices.co.uk

If you are in the United Kingdom, for further legal information about privacy issues, you may find these links useful:
Data Protection Act 1998: http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_1
The Information Commissioner’s Office: http://www.ico.gov.uk/