We may modify these Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Site or App or through other communications. It’s important that you review the Terms whenever we modify them, because if you continue to use the Services after we have posted modified Terms on the Site or App, or otherwise communicate them to you, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services evolve over time, we may change or discontinue all or any part of the Services at any time and without notice.
ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "AGREEMENT TO ARBITRATE" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FREEZE TAG INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.Privacy
In order to play the App, you will have to create an account with us (an "Account"). You can create an Account by creating a new account upon first opening the app; or (b) a using a pre-existing account with Facebook, or (c) such other pre-existing third-party accounts as we may choose to support in the future (notification of which will be provided by allowing selection of such pre-existing accounts on the relevant account-creation screen). We will create your Account by extracting from your Facebook, or other pre-existing third-party account certain personal information (such as your email address) that your privacy settings on the applicable account permit us to access or what you provide upon creating a new account.
It is important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.Registration by Children
Account registration and use of the Services is only available to users of age 13 or older. Registration and use of the Services by individuals under the age of 13 is prohibited without consent of a parent or guardian. The game currently uses a third party service, AgeCheq, to help with this process. Go here for more details: http://www.agecheq.com/?page_id=10Safe Play
During game play, please be aware of your surroundings and play safely. You agree that your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass), and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Freeze Tag Inc. disclaims all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the App, you release Freeze Tag Inc. (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.Rights in App
Subject to your compliance with these Terms, Freeze Tag Inc. grants you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Freeze Tag Inc. reserves all rights in and to the App not expressly granted to you under these Terms.Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play) (each, an "App Provider"), then you acknowledge and agree that:
For purposes of these Terms: (a) "Content" means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Subject to your compliance with these Terms, Freeze Tag Inc. grants you a personal, noncommercial, nonexclusive, nontransferable, non-sub licensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.Content Ownership
Freeze Tag Inc. does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Freeze Tag Inc. owns all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.Rights Granted by You
By making any User Content available through Services, you grant to Freeze Tag Inc. a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Freeze Tag Inc. on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Freeze Tag Inc. may reject any submissions in which Freeze Tag Inc. believes, in its sole discretion, that the User Content is inappropriate or violates these Terms. Freeze Tag Inc. further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.In-app Coins, Prizes and Sponsor Rewards
The App permits the collection of in-app virtual coins ("Coins"), digital redeemable reward codes ("Prizes") and rewards from retail partners ("Sponsor Rewards"). Redeeming Prizes or Sponsor Rewards or any other prizes or rewards which may have monetary value is strictly available only to users 18 years of age or older.
Other in-app services are available to Account holders who are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a Parent to make the purchase. Parents of children under the age of 18 can consult the iOS or Google Play settings for their App to restrict in-App purchases, but should also monitor their children’s Accounts for unexpected activity, including the purchase of Prizes or Sponsor Rewards.Purchases of In-app content, services and purchases
Coins are categories of Content, so the purchase of Coins grants you only a limited, nontransferable, non-sub licensable, revocable license to use such Coins to access in-app services and purchases in conjunction with your personal, noncommercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Coins. You agree that Coins have no monetary value and do not constitute actual currency or property of any type. Coins may be redeemed only for in-app services or purchases and can never be sold, transferred, or exchanged for "real" money, "real" goods, or "real" services from us or anyone else. You also agree that you will only obtain Coins from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized.
Once you acquire a license to Coins, you may not trade or transfer the Coins to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the App or through some other method (e.g., our website). We may cancel any Coins sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account.
During the term of your license to your Coins, you have the right to redeem your Coins for selected In-app services and purchases. If you are the Parent and you are accepting these Terms on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently. Pricing and availability of Coins and In-app services and purchases are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Coins and In-app services and purchases. As set forth below, all Coins, In-app services and purchases, and other Content is provided "as is," without any warranty. You agree that all sales by us to you of Coins and In-app services and purchases are final and that we will not permit exchanges or refunds for any unused Coins or In-app services and purchases once the transaction has been made.Purchases by End Users Outside the U.S.
Coins and In-app services and purchases may only be purchased and held by legal residents of countries where access to and use of the Services are permitted. If you live in the European Union, you have certain rights to withdraw from In-app purchases and services. However, please note that once you download Coins from us, your right of withdrawal ends. You agree that (a) purchase of Coins and In-app purchases and services involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the European Union, we will provide you with a VAT invoice when we are required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Coins, and In-app purchases and services Sponsor Rewards without any liability to you.Terms & Redemption of Prizes and Sponsor Rewards
All prizes within the Garfield GO! App are sponsored by Freeze Tag Inc. and are not affiliated with Apple or Google in any way.
There is a chance to win every prize promoted within the Garfield GO! App. No purchase is necessary to win a prize or sponsor reward.
Only users who abide by the terms and service of Freeze Tag Inc. are eligible to use app services and to win Prizes and Sponsor Rewards sponsored by Freeze Tag Inc.
Prizes and Sponsor rewards are redeemed in conjunction with the Retail Sponsor that provided the reward and Freeze Tag Inc. shall have no liability to provide rewards offered by Sponsor partners. However, if there are rewards that are offered by Freeze Tag Inc. then said company shall deliver collected prizes within a reasonable time upon redemption request by account holder. Reward delivery time varies by location, prize item, and the due diligence timeframe to ensure that the reward was earned according to these Terms and Conditions and that no violations occurred. If a physical reward earned by an account holder is not available to be delivered for any reason, Freeze Tag Inc. retains the right to replace the physical prize with an equivalent which can be delivered via the app and distributed out to Account Holder’s PayPal account or arrangements can be made for a wire transfer, check, or as determined most appropriate by Freeze Tag Inc.Effect of Termination on Coins, Prizes, Sponsor Rewards, and Other In-app purchases and services
We may cancel, suspend, or terminate your Account and your access to your Prizes, Sponsor Rewards, Coins, and all other In-app purchases and services the Content, in our sole discretion and without prior notice, including if (a) your Account is inactive (i.e., not used or logged into) for one year; (b) you fail to comply with these Terms; (c ) we suspect fraud or misuse by you of Coins, Prizes, Sponsor Rewards, and all other In-app purchases and services, or other Content; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the App, any of our users, or the reputation of Freeze Tag Inc. (f) We suspect any form of hacking, or geo-spoofing location or any other activity deemed manipulative or that gives any unfair advantage over other App user, deemed so at the sole discretion of Freeze Tag Inc.
We have no obligation or responsibility to, and will not reimburse or refund, you for any Coins, Prizes, Sponsor Rewards, or other In-app purchases and services lost due to such cancellation, suspension, or termination. You acknowledge that Freeze Tag Inc. is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Coins, Prizes, Sponsor Rewards, and In-app purchases and services when your Account is closed, whether such closure was voluntary or involuntary.
We have the right to offer, modify, eliminate, and/or terminate Prizes, Coins, Sponsor Rewards, and In-app purchases or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Coins, Prizes, Sponsor Rewards, and In-app purchases, we will provide prior advance notice to you by posting a notice on the Site or App or through other communications.Conduct, General Prohibitions, and Freeze Tag Inc.’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:
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.Feedback
We welcome feedback, comments, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by reaching out to us on Facebook, Twitter, or at email@example.com. You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.DMCA/Copyright Policy
Freeze Tag Inc. respects copyright law and expects its users to do the same. It is Freeze Tag Inc.’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions of these Terms will survive: Arbitration Notice; Content Ownership; Rights Granted by You; Effect of Termination on Coins, Prizes, Sponsor Rewards, and Other In-app purchases and services; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence of Termination. Termination will result in the loss of all in-app rewards including, coins, and sponsor prizes.
Only one user is allowed to play on one device. When we detect that more than one user has logged in to the same device or multiple devices we retain all rights to terminate violating users accounts involved. All in-app prizes and rewards such as coins, prizes, sponsor prizes or any other prizes, achievements and rewards in the app will be lost and the users accounts will be banned.Disclaimer of Warranties
YOUR USE OF THE APP AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, FREEZE TAG, INC. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FREEZE TAG INC. MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR -FREE BASIS, AND WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT FREEZE TAG INC., DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. FREEZE TAG INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.Indemnity
You will indemnify and hold harmless Freeze Tag Inc., and its respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c) your violation of these Terms.Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FREEZE TAG INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FREEZE TAG INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF FREEZE TAG INC. ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1,000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FREEZE TAG INC. AND YOU.Dispute Resolution
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. These Terms constitute the entire and exclusive understanding and agreement between Freeze Tag Inc. and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Freeze Tag Inc. and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Dispute Resolution" section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Freeze Tag Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Freeze Tag Inc. may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Freeze Tag Inc. under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Freeze Tag Inc.’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Freeze Tag Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.Contact Information
If you have any questions about these Terms or the Services, please contact Freeze Tag Inc. at firstname.lastname@example.org