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Terms of Use

Terms of Use

ACCEPTANCE OF THESE TERMS
 
Please read these terms of service (the "Terms") carefully before using this Platform.
Your use of the Platform constitutes acceptance of these Terms.
ATELIER CONSTRUCTION LEVEL and/or one of its Affiliates (collectively, the "Company") provides access to the Platform.
 
 
Your agreement expressly covers claims that arose before or after the effective date of the Agreement to Arbitrate and Class Action Waiver.
 
  1. Eligibility to Participate
No one under 18 years of age is allowed to create an account or use the Platform.
No one under 21 years of age is allowed to play the Social Games, except that in Australia, no one under 18 years of age is allowed to play the Games.
By using the Platform and playing the Games, you certify that you meet the applicable age requirement and are legally allowed to participate in the Games offered on the Platform under the laws applicable to you.
 
  1. No Requirement to Purchase
The Platform and Games are free to play and do not require purchase of any kind.
For Games with "in game" purchase options, you may claim a certain amount of Game Currency without charge upon your initial login and you may claim additional amounts of Game Currency without charge at recurring time intervals.
("Game Currency" means virtual "coins" or "points" or other virtual items that may be needed in order to play the Games).
If you exhaust your supply of available Game Currency, you may wait until additional free Game Currency is available to you or you may elect to purchase additional Game Currency.
Note that with Social Games, you can always play at least one slot free of charge, even after you have exhausted your supply of coins, because additional coins are made available to you without charge. Game Currency is licensed to you from the Company for your use on the Platform, subject to the limitations and other terms set out in greater detail below.
 
  1. Changes to the Platform; Account Termination or Deactivation
From time to time we may update the Platform.
The Company may, in its sole discretion, and at any time, discontinue the Platform or any part thereof, or change the content of the Platform, with or without notice, or may prevent your use of the Platform with or without notice to you.
You agree that you do not have any rights in the Platform and that the Company will have no liability to you if the Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated. You further agree that the Company will not be liable for any modification or suspension of the Platform.
The Platform routinely receives updates and upgrades, and these Terms may also be revised from time to time. You must check these Terms periodically. The Company reserves the right to change, modify, or amend these Terms at any time in its sole discretion. If these Terms are revised, such revision shall take place immediately and your continued use of the Platform indicates your acceptance of the revised Terms as to your use of the Platform both before and after the revision. If you do not agree to any revised Terms, you should discontinue use of the Platform.
Generally, accounts created with the Company will be considered active until the Company receives a request to deactivate or delete them. However, the Company reserves the right to terminate any account that has been inactive for 180 days.
 
  1. Company Content
Content on the Platform that is provided by the Company or its licensors, including certain graphics, photographs, images, screenshots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Content") is the property of the Company and its licensors, and is protected in the United States of America and internationally under trademark, copyright, and other intellectual property laws. Content may not be used without the express written consent of the Company.
You do not acquire any ownership rights by using the Platform. All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to the Company in connection with use of the Platform shall be the property of the Company.
You agree that unless otherwise prohibited by law, the Company may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you, and that the Company will not be required to treat any Ideas as confidential.
Posting of Ideas to or through the Platform, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of Ideas, nor is it to be implied by our review or subsequent use of your Ideas.
The Company shall not be liable for any disclosure of any Ideas, including opinion(s) or suggestion(s) you post to or through the Platform.
You acknowledge that you are responsible for whatever material you submit, and you, not the Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You agree not to download, display, use, copy, redistribute, publish, or otherwise exploit any Content located on the Platform for use in any publications, in public performances, on websites other than this Platform, for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company's or its licensor's property, or that otherwise infringes the Company's or its licensors' intellectual property rights.
You further agree in no way to misuse any Content or third party content that appears on the Platform.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please provide the following information either by email to: [email protected] or by post to address below:
 
  • A physical signature of the person authorized to act on behalf of the owner of the copyright.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the Services.
  • Your address, telephone number, and email address.
  • 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.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
ATELIER CONSTRUCTION LEVEL
 
 
  1. Use of the Platform
Subject to these Terms, the Company grants you a non-exclusive, non-transferable, revocable limited license to use the Platform and related software (excluding source and object code) for your personal (or household) non-commercial use.
As a condition of your access and use of the Platform, you agree to comply with the following requirements and any application or Game specific rules published within the Platform.
These requirements are provided as an example rather than as a limitation:
  • You will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, ridiculing, mocking, disparaging, intimidating, embarrassing, obscene, offensive, threatening, or hateful, promoting violence or describing how to perform a violent act; or promoting or constituting illegal activity.
  • You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
  • You will not use the Platform to violate the contractual, personal, intellectual property, or other rights of any party.
  • You will not collect or store personal data about other users.
  • You will not use the Platform for any commercial purpose not expressly approved by the Company in writing.
  • You will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication.
  • You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software, hardware, or telecommunications equipment.
  • You will not be in violation of these Terms or the rules of conduct for the Games.
  • You will not violate any applicable law or regulation.
  • You will not reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Platform creates to generate web pages or any software or other products or processes accessible through the service.
  • You will not upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms"); (k) except as may be the result of standard search engine or Internet browser usage, you will not 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 Platform, or use or launch any unauthorized script or other software; (l) you will not sell the Platform or any part thereof, including but not limited to "Virtual Goods" ("Virtual Goods" include, but are not limited to, in-game virtual trophies, virtual badges, and other virtual items) or Game Currency, user accounts and access to any third party in exchange for real currency or items of monetary value.
  • You will not engage in cheating, or any other activity deemed by the Company to be in conflict with the spirit or intent of the Platform.
The Company does not control or endorse the content, messages, or information found in any user-content portions of the Platform or external sites that may be linked to or from the Games or their forums, and, therefore, the Company disclaims any responsibility with regard thereto.
The Company reserves the right to disable any account that has been involved in any activity that is in violation of any of the provisions of these Terms or of any individual deemed to be acting or using the Platform in a manner that is harassing or otherwise disruptive of the Platform. The Company also reserves the right, but has no obligation, to monitor disputes between you and other Platform users.
You agree that the Company and the Company's third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform. You grant the Company the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which the Company believes you may be interested, including working with third parties who provide targeted advertising content. You expressly consent to receive push notifications from and on behalf of the Company.
 
  1. Accounts, Passwords, and Security
Certain areas of certain Platforms may require registration or may otherwise ask you to provide information to participate in certain features or access certain content.
If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all. You may not have a user ID that is indecent or distasteful or that the Company otherwise deems unacceptable in the Company's discretion.
If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing the Company with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password.
It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including mobile payments, all transactions, and any other activities undertaken with your device, whether authorized or unauthorized.
You agree to notify the Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform.
The Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
The Company shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a device or from unauthorized or fraudulent transactions associated with the Platform.
 
  1. Transactions and Product Availability
Through the Platform, you may be able to order and/or pay for Company or third-party products or services.
To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and/or your Company gift card numbers.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION.
By submitting such information, you grant to the Company and/or any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.
 
  1. Limited License to Virtual Goods and Game Currency
Through the Platform, you may be provided an opportunity to purchase a limited license to Virtual Goods and Game Currency using real-world money at prices established by the Company in its sole discretion and made known to you at the time of purchase.
Purchase of Virtual Goods or Game Currency is never required to play the Games or access the Platform. Virtual Goods and Game Currency can never be redeemed for real money, goods, or any other item of monetary value from the Company or any other party. Game Currency are virtual tokens that we license, and each virtual token represents contractual permission from the Company to access certain features of the Platform.
You acknowledge that Virtual Goods and Game Currency are not real currency or any type of financial instrument and are not redeemable for any sum of money from the Company at any time.
The Company may determine and modify the permissible uses and in-Game value of Virtual Goods and Game Currency at any time in its sole discretion. The Company makes no guarantee that the Virtual Goods or Game Currency will be available, nor that they will be usable for any particular Game, function, or feature, regardless of whether they were usable for such Game, function, or feature at time of purchase.
Purchase, sale, or transfer of Game Currency or Virtual Goods is strictly prohibited. Violation of that prohibition may result in termination of your account and legal action. You understand that you have no right or title in Virtual Goods or Game Currency, or any other attributes associated with use of the Platform or stored within the Platform, other than the extent of your limited license.
Except as required by applicable law, your purchase of the limited license for Virtual Goods and Game Currency is final and is not refundable or exchangeable, except in the Company's sole discretion. You agree that the Company has the right to manage, control, and modify the license rights (including terminating those rights) underlying such Virtual Goods and Game Currency in its sole discretion and that the Company will have no liability to you based on its exercise of this right.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS OR GAME CURRENCY IF YOUR LICENSE TO USE THOSE ITEMS IS TERMINATED OR YOUR ACCOUNT CLOSED, REGARDLESS OF REASON AND REGARDLESS OF WHETHER SUCH TERMINATION OR CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
If you choose to make an in-Game purchase and have an issue with such purchase, or would like to refund a purchase, please contact the Company's support team through the in-Game support request function, typically located in the "Settings" menu.
Misuse of any refund process, whether provided by us or a third party, may lead to temporary or permanent suspension or closure of your account at the Company's discretion. No refunds will be given except in the Company's sole and absolute discretion.
All purchases will be forfeited if your account is terminated or suspended for any reason, in the Company's sole and absolute discretion.
 
  1. Rules for Sweepstakes, Contests, Instant Win Games, and Similar Promotions
Any sweepstakes, contests, raffles, surveys, Games, or similar promotions made available through the Platform may be governed by specific rules that are separate from and in addition to these Terms.
 
By participating in any such sweepstakes, contest, raffle, survey, game, or similar promotion, you will become subject to those rules, which may vary from the Terms as set forth herein, and which are incorporated into these Terms.
 
The Company urges you to read the applicable rules, which may be linked from the particular activity, and to review the Company's Privacy Policy, which, in addition to these Terms, governs any information you submit in connection with such activities.
 
  1. Entertainment Purposes Only
The Platform and the services provided on the Platform are for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
 
  1. Disclaimers and Limitations of Liability
The Company makes no representations about the accuracy of information on the Platform or reliability of the features of this Platform, the Content, or any other Platform feature, and disclaims all liability in the event of any service failure.
You acknowledge that any reliance on such material or systems will be at your own risk. The Company makes no representations regarding the amount of time that any Content will be preserved.
The Company does not endorse, verify, evaluate, or guarantee any information or the accuracy of any information provided by users, and nothing shall be considered as an endorsement, verification, or guarantee of any Content.
You shall not create or distribute information, including but not limited to advertisements, press releases, or other marketing materials, or include links to any sites which contain or suggest an endorsement by the Company without the prior review and written approval of the Company.
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
THIS PLATFORM (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON AND ALL VIRTUAL GOODS, GAME CURRENCY, AND SERVICES) IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM, VIRTUAL GOODS, GAME CURRENCY, OR ANY INFORMATION OR SOFTWARE THEREIN.
WITHOUT DEROGATING FROM THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES, OR LICENSORS ("COMPANY PARTIES") WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY PARTIES BE:
  • LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, BUSINESS, GOODWILL OR DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, OR LOSS OF VIRTUAL GOODS OR GAME CURRENCY. THIS LIMITATION APPLIES TO ALL SOURCES OF LIABILITY, INCLUDING BUT NOT LIMITED TO ACTIONS FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, BREACH OF WARRANTY; AND STATUTORY VIOLATIONS, AND
  • RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE COMPANY'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM'S RECORDS, PROGRAMS, OR SERVICES, EVEN IF THE COMPANY PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY PARTIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, VIRTUAL GOODS, OR GAME CURRENCY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, THE COMPANY PARTIES' LIABILITY TO YOU AND YOUR ABILITY TO RECOVER MONEY OR DAMAGES FROM THE COMPANY PARTIES SHALL BE LIMITED TO THE FEES YOU PAID TO PURCHASE VIRTUAL GOODS OR GAME CURRENCY, IF ANY, AND NO OTHER FORM OF OR GREATER DAMAGE SHALL BE PERMITTED. FOR THE AVOIDANCE OF DOUBT, YOU MAY NOT RECOVER AS DAMAGES FOR ANY CLAIM THE FEES THAT ANY OTHER PERSON HAS PAID TO PURCHASE VIRTUAL GOODS OR GAME CURRENCY.
SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY AS SET FORTH IN THIS SECTION; AS A RESULT, AND SOLELY TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATION(S) OR EXCLUSION(S) MAY NOT APPLY TO YOU.
 
  1. You Agree to Indemnify the Company
You agree to indemnify and hold the Company, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses, including legal fees and costs, related to your use or misuse of the Platform, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Platform (including, without limitation, Ideas), your infringement or violation of any rights of another, termination of your access to the platform, any violation of these Terms, or any breach of the representations, warranties, and covenants made by you herein.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company's defense of these claims.
The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account or of the Platform.
 
 
  1. Platform App Users
The use of the Platform app requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from the Company, your mobile carrier, or third party service providers.
If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform.
You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.
The Company may, at its discretion, automatically download Platform updates to your device from time to time. You agree to accept these Platform updates, and to pay for any costs associated with receiving them. The Platform may not work with all devices or all mobile carriers.
The Company makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services.
Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
 
  1. Third Party Websites
This Platform may hyperlink to sites and platforms not maintained by or related to the Company. If you use these links, you will leave the Platform.
You use these links at your own risk. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Platform or the Company, and the Company makes no representations or warranties about the content, completeness, or accuracy of those third party sites, and disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. Information you submit at a third party site accessible from this Platform is subject to the terms of that site's privacy policy, and the Company has no control over how your information is collected, used, or otherwise handled.
 
  1. Miscellaneous
If any material on this Platform, or your use of this Platform, is contrary to the laws of the place where you are when you access it, this site is not intended for you, and you may not use this Platform.
Both you and the Company acknowledge and agree that no partnership is formed and neither you nor the Company has the power or the authority to obligate or bind the other.
If the Company fails to act with respect to your breach or anyone else's breach on any occasion, the Company is not waiving its right to act with ATELIER CONSTRUCTION LEVEL to future or similar breaches.
If any of these Terms are deemed unlawful, void, or for any reason unenforceable, then that term, condition, or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.These Terms constitute the entire agreement between you and the Company regarding the use of the Platform, subject to any additional rules governing contests, sweepstakes or Games as contemplated herein. By using the Platform you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.