If you do not agree to the Terms now, or if at any time, the Terms are no longer acceptable to you, please cease use of the Site and Service immediately. These Terms constitute a binding agreement between you and Pacific Enterprises.
Pacific Enterprises reserves the right to refuse any user access to the Site and/or Service without notice for any reason, including, but not limited to, any violation of the Terms. You agree that Pacific Enterprises may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice, and without liability.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SERVICE. IF YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS. IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. If you do not agree with all of these Terms, or you are not at least thirteen (13) years of age, or you are between the ages of thirteen (13) and eighteen (18) and your legal guardian does not agree with all of these Terms, please do not access and/or use the Site or Service.
By using Pacific Enterprises Service you agree NOT to:
• create an account or access the Service if you are under the age of 13;
• have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
• create an account or use the Service if you are a convicted sex offender;
• have an account or use the Service if you have previously been removed by Pacific Enterprises, or previously been banned from playing any Pacific Enterprises game;
• use your account for any commercial purposes;
• use your account, the Site or Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
• use your account or Service to engage in any illegal conduct;
• access another user’s account without permission;
• use the Site or Service in any manner that violates any applicable laws or regulations or is prohibited by these Terms;
• collect or harvest any information about other users;
• post, request, or link to sexually explicit, threatening, embarrassing, hateful, racially or ethnically insulting, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive material or conduct;
• discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
• use features of the Site or Service for anything other than their intended purpose;
• interfere with or disable any security-related features of the Site or Service, or any part thereof, including any Service available on or through any Third Party Platforms;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Site, including any Service available on or through the Site or Third Party Platforms;
• engage in any other prohibited conduct.
The Service may include the option to purchase virtual, in-game currency (“Virtual Currency”) as well as virtual, in-game goods (“Virtual Goods”) by using legal tender. This can only be done if you are considered a legal adult in your country of residence.
All Virtual Currency and Virtual Goods are deemed to be final and non-refundable, unless stated otherwise at our discretion. You will have no right or title to any Virtual Goods and/or Virtual Currency you acquire.
Pacific Enterprises has absolute control over all Virtual Currency and Virtual Goods and at any time has the right to change the value, modify and/or eliminate any Virtual Currency and Virtual Goods as it sees fit and without any liability.
No refunds will be given by Pacific Enterprises. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your account is terminated or suspended for any reason, in Pacific Enterprises sole and absolute discretion, or if Pacific Enterprises discontinues its Games, you forfeit any and all Virtual Currency and Goods. Pacific Enterprises has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Pacific Enterprises shall have no liability to you or anyone for the exercise of such rights.
We reserve the right to terminate or suspend your account or access to any or all of the Games at any time and for any reason. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired or developed during the Games.
Disputes between users
Pacific Enterprises may at any time intervene in disputes between you and other users, but is under no obligation to do so. Pacific Enterprises will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind.
Disclaimer of warranties
THE SITE, SERVICE, AND GAMES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SITE, SERVICE, OR GAME, WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. You agree that your access and use of the Site, Service and Games shall be at your sole risk. To the fullest extent permitted by law, Pacific Enterprises, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site, Service and Games and your use thereof, including implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Pacific Enterprises makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service and/or Site and assumes no liability or responsibility for any:
• errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, Site or Games;
• any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial
information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service or Site by any third party;
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service and/or Site.
Limitation of liability
PACIFIC ENTERPRISES AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS, THE SITE, SERVICE, AND GAME, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID PACIFIC ENTERPRISES IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY.
Under no circumstances will Pacific Enterprises be liable to you or any third person for any indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service, Site or other materials on, accessed through or downloaded from our Service and/or Site, whether based on warranty, contract, tort, any other legal theory, or whether or not Pacific Enterprises has been advised of the possibility of these damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Pacific Enterprises shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Intellectual property ownership
You acknowledge that all intellectual property rights in our Site, Service, Games and the underlying technology, and all information and content available on our Site and through the Service, excluding User Content (as defined below) but including the Games, characters, Virtual Currency and Virtual Goods (collectively, the “Service Content”), are owned by us and/or our suppliers (including other users).
The Service Content is protected by copyright laws throughout the world. Subject to your compliance with these Terms, Pacific Enterprises grants you a limited, non-exclusive, non-transferable, non- sublicenseable, revocable license to view and use the Service Content for your personal non- commercial entertainment purposes. No other use of the Service Content is authorized. In consideration of this authorization, you agree that any copy of the Service Content that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.
You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit any Service Content 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. There are no implied licenses. All trademarks, logos and service marks displayed on the Site or Service (“Marks”) are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
You agree that you are willingly publishing the content on the Service and/or Site using technology and tools provided by Pacific Enterprises. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of Pacific Enterprises. You grant Pacific Enterprises the right to act as an agent on your behalf as operator of the application.
Any data, text, graphics, photographs and their selection and arrangement, (hereinafter “User Content”) uploaded to the Service and/or Site are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Pacific Enterprises. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Pacific Enterprises is not responsible, for any files users upload, post, or otherwise make available. Pacific Enterprises may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Pacific Enterprises application. By using the Service and/or Site, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Pacific Enterprises will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.
These Terms constitute the entire agreement between you and Pacific Enterprises regarding your use of our Site, Service, and Games, and 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 shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction. These Terms and any action related to these Terms will be governed by and interpreted under the laws.