Red Hot Labs Terms of Service
Last Updated: October 2nd, 2012
By accessing or using the games, applications, content, activities and services owned or operated by Red Hot Labs (our “Games”), whether on our website, through a social network website, or through our mobile apps (our “Sites”), you are accepting and agreeing to be bound by the terms and conditions set forth below (these “Terms”). Certain features of our Games may be subject to additional guidelines, terms, or rules, which will be posted in connection with those features. We reserve the right, at any time, to modify, suspend, or discontinue our Games, or any portions of them. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Games, or any portions of them.
Creating an Account
In most cases, our Games may be used only if you have created an account with us by either registering through one of our Sites or by accessing our Games using your account with third party social network website (a “Social Network Site”). By creating an account and/or using our Games, you represent that (a) all required registration or other information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Games does not violate any applicable law or regulation or these Terms. When you sign up for an account, you will be asked to choose a screen name and a password for your account. You may not use a user name or user profile that is used by someone else or that violates these Terms. We reserve the right to reclaim any user name that violates these Terms.
Your Account with Social Network Sites.In some cases you may access our Games through a Social Network Site. If you are accessing our Games through a Social Network Site, you must comply with the terms and conditions applicable to that Social Network Site in addition to these Terms.
Your Account is Your Responsibility.You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Games).
Acceptable Use and Conduct
You are solely responsible for your conduct when using our Games and you agree that you will use our Games in compliance with all applicable laws and regulations.
Prohibited Conduct.You agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of our Games. “Prohibited Conduct” includes: (a) cheating or using, developing or distributing automation software programs (“bots”), “macro” software programs or other “cheat utility” software programs or applications which are designed to modify the Games or the game experience; (b) exploiting, distributing or informing other users of any game error, miscue or bug which gives an unintended advantage; (c) interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Games or our Sites, including by (i) covering or obscuring any advertisements on any web page that is part of the Games via HTML/CSS, scripting, or any other means, (ii) creating an undue burden on our Games or our network, (iii) introducing software or automated agents to our Games so as to produce multiple accounts, generate automated messages, or to strip or mine data from our Games, (iv) modifying any data or equipment to hacks for the Games; (e) restricting or inhibiting any other user from using and enjoying the Games (such as, but not limited to, disrupting the flow of chat in chat rooms with Prohibited Content, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, or flooding (continuous posting repetitive text)); (f) promoting, encouraging, advocating, or providing instructional information about illegal activities such as, without limitation, making or buying illegal weapons, illegal drugs, or illegal substances, committing real world crimes, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (g) exploiting persons under the age of eighteen (18) in a sexual or violent manner, or soliciting personal information from anyone under eighteen (18); (h) soliciting passwords or personally identifying information for commercial or unlawful purposes from other users; (i) except as approved by us in writing, conducting commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (j) subleasing your account or offering “free space” on or other access to your account to third parties; (k) improperly using support channels or complaint buttons to make false reports to us; (l) violating any other terms governing the access or use of the Games; (m) using the Games for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or (n) otherwise creating liability for us.
Prohibited Content.You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. “Prohibited Content” includes content that: (a) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) bullies, defames, harasses or advocates stalking of, or intimidates another person; (c) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming;” (d) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) is threatening, including threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game; (f) infringes another person’s content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (g) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism) or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (h) contains viruses, Trojan horses, worms, time bombs, or similar software; or (i) otherwise violates these Terms or creates liability for us.
Content Your Provide.You own the content, including any text, images, sounds, video, and other material and information, that you upload or post on or through our Games (your “Content”). You are responsible for the Content that you post to the Games, including its legality, reliability, and appropriateness. You should only upload or post your Content that you either own, created or have the right to use and publish. By uploading or posting your Content you grant us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Games. You agree that we can also make your Content available to other users of the Games, who may view and/or use your Content, subject to these Terms.
Note about Public Areas.“Public Areas” are those areas on the Games such as chat rooms or forums, message boards, bulletin boards, news groups, and pages that include testimonials, to which you may send communications that are publicly available to anyone who may have access to that public area. You should be careful about your communications in Public Areas because these communications disclose to the public your user name and user profile and any personal information you choose to disclose. Any information you include in any public profile, such as your message board profile, or in your messages using third party messaging and communication services is also available to others. You are solely responsible for your communications and the consequences of posting these communications to any Public Area.
Enforcement by Us.We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Games for any reason, including if we believe, in our sole judgment, your Content violates these Terms or is Prohibited Content, or that we believe constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Games (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Games to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
We may charge fees for the use of certain portions or aspects of our Games, including games, Virtual Currency and Virtual Goods, which are described in the Games and/or these Terms. Fees are subject to change at any time. You agree that we may charge fees to your credit card or other payment account for such Games and that you will pay all applicable fees assessed to your account. We may also accept payment through gift cards. If the total amount of a transaction is greater than the balance available on any such gift cards, we may refuse the transaction or charge your designated credit card or payment account for the balance. Our fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Our fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans which are required to use the mobile features of the Games, and you are solely responsible for the payment of such charges and rates.
Virtual Currency and Virtual Goods
Some Games may include virtual, in-game currency, including game coins, game cash, and/or game points (collectively, “Virtual Currency”) and/or virtual, in-game digital items and goods (collectively, “Virtual Goods”), which can be purchased from us using “real world” money, if you are of legal age in your country of residence. You agree that all sales of Virtual Goods and Virtual Currency are final. No refunds will be given or exchanges made for cash, except in our sole and absolute discretion. You agree that all Virtual Goods and Virtual Currency purchased by you are forfeited if your account is terminated or suspended for any reason or if we discontinue providing any or all portions of those Games. We have the absolute right to manage, regulate, control, modify and/or eliminate any or all Virtual Currency and/or Virtual Goods as we see fit. Prices and availability of Virtual Currency and Virtual Goods are subject to change without notice. We will not be liable to you or anyone else for the exercise of these rights.
Limited License.Subject to your compliance with these Terms, we grant you a limited license to use the Virtual Goods and Virtual Currency within those Games for your own, personal non-commercial entertainment purposes. Other than with through this license, you have no right, title, or interest in or to any such Virtual Goods or Virtual Currency, or any other attributes associated with the use of the Virtual Goods or Virtual Currency stored within those Games.
No Transfer.You understand that while at times you may “earn” "buy" or "purchase" Virtual Currency or Virtual Goods, you do not in fact own the Virtual Currency or Virtual goods. You are purchasing a license to use the item or content that represents Virtual Goods and Virtual Items for those Games. Virtual Goods and Virtual Items do not have any value outside the Games and does not represent a stored value. Transfers of Virtual Currency and Virtual Goods are strictly prohibited except where explicitly authorized within the Games. Regardless of the terminology used, however, you may not buy or sell any Virtual Currency or Virtual Goods outside the Games or exchange or redeem them for “real world” money, goods or other items of monetary value from us or any other person. Doing so or attempting to do so will be a violation of these Terms.
Using Our Games
As long as you comply with these Terms, you may view and use our Games for your personal non-commercial entertainment purposes. No other use of our Games is authorized.
Mobile Apps.The following terms apply to our Games accessed through or downloaded from any app store or distribution platform, such as the Apple App Store or Google Play, (an “App Provider”), which we make available through a mobile app (“App”). You acknowledge and agree that: (a) these Terms are concluded between us, and not with the App Provider, and that we are solely responsible for the App (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the App; (c) in the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the App to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (f) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the App.
Ownership.You acknowledge that all intellectual property rights in our Games and our Sites and the underlying technology, and all information and content available on our Games and in our Sites, including games, accounts, characters, and Virtual Currency and Virtual Goods, are owned by us and our suppliers (including other users) and are protected by copyright laws throughout the world. You may not download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Games, our Sites or any content therein, in whole or in part without our prior written authorization. We and our suppliers (including other users) reserve all rights not granted in these Terms.
Feedback.If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Games (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you grant us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
It is our policy to remove, or disable access to, material that infringes any copyright on our Games after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our Games in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Sites or through our Games; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) 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. Notice of claims of copyright infringement should be sent to our Copyright Agent: Red Hot Labs, Inc., Attention: Copyright Agent, 575 Sutter St. STE 201, San Francisco, CA 94108, or via email to: firstname.lastname@example.org
Third Party Links
Our Games may contain advertisements, links and other promotional content of third parties (“Third Party Links”). These Third Party Links are not under our control, and we are not responsible for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content, goods, or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
Termination by You.You can terminate your account at any time by deactivating your account or by providing notice of termination to us. You can terminate the use of our Games through a Social Network Site by following the provisions in the terms and conditions applicable to that Social Network Site.
Termination by Us.We reserve the right to terminate or suspend your account or your access to any or all portions of the Games at any time, for any reason, including your violation or breach of any provision in these Terms.
Effect of Termination.All rights and licenses granted to you in these Terms will immediately cease upon any termination of these Terms. If your account or access to our Games is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees nor will any Virtual Currency or Virtual Goods be credited or reimbursed to you in any form, whether in virtual form or “real world” form, and you will have no further right to access any of the foregoing or your account.
Our Games and our Sites are provided on an “AS IS” and “AS AVAILABLE” basis and we do not represent, warrant, or guarantee that the Games, or our Sites will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE GAMES AND OUR SITES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON- INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. If applicable law requires any warranties with respect to our Games, all such warranties are limited in duration to thirty (30) days from the date of your first use of our Games. No warranties are made by any of our suppliers. Your access and use of our Games and our Sites is at your own risk. You agree that any Content you submit, including any location information, to us through our Games is done at your own discretion and risk. You will be solely responsible for any loss or damage to your Content. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the Games and any interactions with other users. Your interactions with third parties from any Third Party Links are between you and those third parties. We operate and provide the Games from the United States. We make no representation that the Games are appropriate or available in other locations. The information provided on the Games is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation of that jurisdiction or country or which would subject us to any registration requirement within that jurisdiction or country.
Limitation of Liability
WE WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOUR ACCOUNT, YOUR CONTENT, GAME PLAY, VIRTUAL CURRENCY, VIRTUAL GOODS, CHARACTERS, OR OTHER DATA OR INFORMATION, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE GAMES OR THE SITES, FOR ANY REASON, INCLUDING INTERRUPTIONS CAUSED BY (A) SOFTWARE OR HARDWARE FAILURES OR ISP DISRUPTIONS, (B) DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY US, (C) YOUR CONTENT, (D) LOCATION INFORMATION PROVIDED BY YOU, ANY OTHER USER, OR OTHERWISE DISCLOSED ON THE GAMES, OR (E) YOUR OR ANY OTHER USER'S ERRORS OR OMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS, OUR SITES, GAMES, OR ANY CONTENT, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY TO YOU RELATING TO THESE GAMES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNTS YOU HAVE PAID IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE FIRST CLAIM GIVING RISE TO THE LIABILITY.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify, and hold us harmless from any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by us arising out of or relating to (a) your use of the Games (other than in accordance with these Terms), (b) any Content you provide, or (c) your violation or breach of any provision in these Terms or your violation of any rights of a third party.
These Terms may be amended by us from time to time. If we make material changes to these Terms, we will notify you by posting the revised Terms on our Sites or notifying you through the Games or at your primary email address (as specified in your account information). Your continued use of the Games after the changes go into effect will constitute your agreement to such changes. If you object to any change, your sole recourse is to terminate your account and cease using the Games.
These Terms constitute the entire agreement between us regarding your use of our Games and our Sites, which supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms is not a waiver of such right or provision. If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will continue, unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The rights or obligations to use the Games are personal to you and are not assignable, and any such attempted assignment or transfer shall be void and without effect. These Terms will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction. By using our Games you consent to personal jurisdiction and venue in the state and federal courts for San Francisco County, California for any lawsuit filed there against you by us arising from or relating to these Terms or the Games.
If you have any questions about these Terms, please contact us at email@example.com.