terms of service ("tos")
As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS. By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.
Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services. If you access the Services from a social networking site ("SNS"), such as Facebook, you agree to comply with its terms of service as well as these TOS.
1. Right to Use the Services
Subject to these TOS, Think Badge hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as previously set forth, you do not receive any other license. Think Badge retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Think Badge' prior written consent. Think Badge reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from Think Badge or third parties.
2. Purchases in the Services
Think Badge may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
Think Badge may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither Think Badge nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Think Badge is not liable for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
By law, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
Accordingly, you agree that Think Badge is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary.
If you ask for your personal data to be deleted as described in Think Badge' Privacy Notice, you will permanently forfeit all of your Virtual Items without the right to refund, as Think Badge will no longer be able associate such Virtual Items with you.
3. Code of Conduct
You agree that you will not, under any circumstances:
Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
Use the Services in violation of any applicable law or regulation.
Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Think Badge, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Think Badge employees, directors, officers, and customer service representatives.
Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a Think Badge employee, director or officer.
Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Think Badge, or to obtain any information from the Services using any method not expressly permitted by Think Badge.
Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
Engage in any act that Think Badge deems to conflict with the spirit or intent of the Services or make improper use of Think Badge' support services.
4. Third-Party Services
Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which Think Badge is not a party.
5. Accounts and Login Information
Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. Think Badge may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.
Think Badge reserves the right to delete your Account if Think Badge observes no activity by you in relation to the Account for 180 days or more. In such an event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
6. User Contributions
The Services may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively “User Contributions”).
In exchange for use of the Services, you hereby grant Think Badge a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Think Badge' and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to Think Badge, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS.
Think Badge, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Think Badge or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by Think Badge without compensation to you or any third party and you grant Think Badge a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
7. Communications between Users of the Services
Think Badge assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Think Badge does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. Think Badge may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.
Think Badge reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time Think Badge chooses, at its sole discretion, to monitor the Services, Think Badge nonetheless assumes no responsibility for content made available by users of the Services, and Think Badge assumes no obligation to modify or remove any inappropriate content.
8. Suspension and Termination for your Breach
Without limiting any other remedies available to us, if we believe that you are in breach of these TOS, we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.
9. Availability of the Services
We may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if we believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these TOS.
We reserve the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, we do not have to provide refunds for Virtual Items or other items in connection with such discontinued Services.
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. We do not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. We do not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by us, its employees or other representatives constitute a warranty.
Some jurisdiction does not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdiction, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdiction. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.
11. Limitations of Liability
In no way will we be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not we have been advised of the possibility of such damages. For purposes of Article 11 “Limitations of Liability,” Our licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
Some jurisdiction does not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdiction, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdiction. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.
12. INTELLECTUAL PROPERTY RIGHTS
In the event of any concerns or complaints about possible violation of intellectual property rights, please send us an email at , identifying with specificity the rights alleged to be violated and the accused product(s).
13. Links to Third-party Products and Services
14. Changes to these TOS
Notwithstanding Article 8 “Binding arbitration / Class Waiver,” we may update these TOS from time to time in response to changing legal, technical or business developments. When we update these TOS, we will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes we make.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
15. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the USA.
If the jurisdiction of your domicile prohibits Think Badge from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
16. Assignment, Severability and Entire Agreement
If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Our failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
If you have any questions about these TOS, please contact us at firstname.lastname@example.org.