TERMS OF SERVICE
You are responsible for any Internet connection fees that you incur when accessing the Service.
Any modification to the Overall Terms shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
2. PRIVACY & DATA COLLECTION
You understand, acknowledge and agree that public communications on THE TINY DIGITAL FACTORY, including www.edengames.com are not private or confidential, and may be viewed and used by others accessing the THE TINY DIGITAL FACTORY SERVICES.
A. Opening & Maintaining Account
While some THE TINY DIGITAL FACTORY SERVICES may be generally accessed by the public, the use of certain THE TINY DIGITAL FACTORY SERVICES requires you to create an account (the “Account”). If you have questions about registration for an Account, please contact us at email@example.com
Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Overall Terms.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify THE TINY DIGITAL FACTORY by emailing firstname.lastname@example.org.
B. CONSENT TO MONITOR
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, and any THE TINY DIGITAL FACTORY SERVICE or THE TINY DIGITAL FACTORY Software which may in the future be provided by us or on our behalf. You expressly permit THE TINY DIGITAL FACTORY to upload hardware and configuration information from your device to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. In the event that the Game detects an unauthorized third party program, (a) the Game may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the Overall Terms without prior notice to the user(s) linked to such unauthorized third party program.
C. Termination of THE TINY DIGITAL FACTORY Account & Services by THE TINY DIGITAL FACTORY
In addition, THE TINY DIGITAL FACTORY reserves the right to terminate any THE TINY DIGITAL FACTORY SERVICE at any time by giving you notice of such termination within the time period specified when you joined the particular THE TINY DIGITAL FACTORY SERVICE, or if no time period for notice of termination was specified, then within ten (10) days of the date such notice is posted on the applicableTHE TINY DIGITAL FACTORY SERVICE.
D. Cancellation of a THE TINY DIGITAL FACTORY Account by you
THE TINY DIGITAL FACTORY reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a THE TINY DIGITAL FACTORY SERVICE. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with THE TINY DIGITAL FACTORY SERVICES must be settled before you establish a new THE TINY DIGITAL FACTORY Account.
4. CHARGES & BILLING
Some THE TINY DIGITAL FACTORY SERVICES require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these Services. THE TINY DIGITAL FACTORY reserves the right to change its prices, fees, or billing methods at any time.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
A. Payment Options and Information
You may make payment using the methods available for the particular THE TINY DIGITAL FACTORY SERVICE and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by THE TINY DIGITAL FACTORY SERVICE. When you provide credit card or other payment information to THE TINY DIGITAL FACTORY, you represent to THE TINY DIGITAL FACTORY that you are the authorized user of the credit card or other payment method.
You must provide current, complete, and accurate information for your billing account. THE TINY DIGITAL FACTORY does not receive any confidential payment data from its payment providers, and THE TINY DIGITAL FACTORY is not responsible for their performance. You must promptly update all information with the payment provider to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).
Customers who use a payment method other than credit card may incur an additional payment processing fee. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. THE TINY DIGITAL FACTORY reserves the right to change such payment providers at any time.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
B. Virtual Goods
You agree that THE TINY DIGITAL FACTORY reserves the right to manage, regulate, control, modify and/or eliminate, game elements, including but not limited to characters, accessories, items such as “character customization”, points, and credits (collectively, “Virtual Goods”) therein. All Virtual Goods remain the property of THE TINY DIGITAL FACTORY. You acknowledge that THE TINY DIGITAL FACTORY may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the Overall Terms, and are not redeemable for any sum of money or monetary value from THE TINY DIGITAL FACTORY at any time.
You may purchase access to Content on a subscription basis (“Race Pass Subscription 1 month 2.0”). This subscription is available for $5.99 and lasts one month. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
Account will be charged for renewal within 24-hours prior to the end of the current period. You can manage or turn off auto-renew in your Account settings at any time after purchase. No cancellation of the current subscription is allowed during the active period.
5. INTELLECTUAL PROPERTY
“Content” as used herein includes (1) software, software updates or patches, or other utilities and tools from THE TINY DIGITAL FACTORY or its licensors (“THE TINY DIGITAL FACTORY Software”) and (2) other software, technology, text and audio visual material, the design and appearance of the game. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation.
THE TINY DIGITAL FACTORY reserves the right to remove any Content that is objectionable to us for any reason. The decision to remove Content is in THE TINY DIGITAL FACTORY’ sole and final discretion. To the maximum extent permitted by applicable law, THE TINY DIGITAL FACTORY does not assume any responsibility or liability for User Content, or for any failure to or delay in removing such Content.
B. THE TINY DIGITAL FACTORY Ownership
Content in THE TINY DIGITAL FACTORY SERVICES is owned by THE TINY DIGITAL FACTORY or THE TINY DIGITAL FACTORY’ third party licensors and is protected by International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an THE TINY DIGITAL FACTORY SERVICE unless our terms expressly authorize you to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content.THE TINY DIGITAL FACTORY reserves all rights in THE TINY DIGITAL FACTORY owned and licensed Content that are not expressly granted to you in Overall Terms. You acknowledge that THE TINY DIGITAL FACTORY and/or third-party content providers remain the owners of all materials posted on the Website and in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of Content found on THE TINY DIGITAL FACTORY SERVICES may result in the termination of your Account(s), prohibition on use of THE TINY DIGITAL FACTORY SERVICES, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless THE TINY DIGITAL FACTORY from any unauthorized or illegal conduct by you, or through the use of your Account, on THE TINY DIGITAL FACTORY SERVICES.
C. Limited Use License
From time to time, THE TINY DIGITAL FACTORY may provide you with updates or modifications to THE TINY DIGITAL FACTORY Software. You understand that certain updates and modifications may be required in order to continue the use of THE TINY DIGITAL FACTORY Software and THE TINY DIGITAL FACTORY SERVICES.
6. DISCLAIMERS & INDEMNIFICATION
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OTHER THE TINY DIGITAL FACTORY SERVICES, THE TINY DIGITAL FACTORY SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE TINY DIGITAL FACTORY SERVICES, THE TINY DIGITAL FACTORY SOFTWARE, THE TINY DIGITAL FACTORY’ PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. THE TINY DIGITAL FACTORY PROVIDES THE TINY DIGITAL FACTORY SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR THE TINY DIGITAL FACTORY GAMES SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE TINY DIGITAL FACTORY WILL HAVE ADEQUATE CAPACITY FOR THE TINY DIGITAL FACTORY SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE THE TINY DIGITAL FACTORY SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE THE TINY DIGITAL FACTORY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE TINY DIGITAL FACTORY OR ITS LICENSORS IS TO STOP THE TINY DIGITAL FACTORY GAMES SERVICES, AND TO CANCEL YOUR THE TINY DIGITAL FACTORY ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE TINY DIGITAL FACTORY, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY THE TINY DIGITAL FACTORY SERVICES OR USE OF THE TINY DIGITAL FACTORY SOFTWARE. IN NO CASE SHALL THE TINY DIGITAL FACTORY OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “THE TINY DIGITAL FACTORY AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE TINY DIGITAL FACTORY FOR THE TINY DIGITAL FACTORY SERVICES. IN NO CASE SHALL THE TINY DIGITAL FACTORY OR THE TINY DIGITAL FACTORY AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE TINY DIGITAL FACTORY SERVICES,THE TINY DIGITAL FACTORY SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE TINY DIGITAL FACTORY SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE TINY DIGITAL FACTORY’ AND THE TINY DIGITAL FACTORY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE TINY DIGITAL FACTORY DOES NOT ENDORSE, WARRANTOR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE TINY DIGITAL FACTORY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE TINY DIGITAL FACTORY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to THE TINY DIGITAL FACTORY in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT:THE TINY DIGITAL FACTORY MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE TINY DIGITAL FACTORY SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. THE TINY DIGITAL FACTORY RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
7. DISPUTE RESOLUTION
A. Equitable Remedies
B. Informal Negotiations
C. Formal Dispute Resolution
If you and THE TINY DIGITAL FACTORY are unable to resolve a Dispute through informal negotiations, either you or THE TINY DIGITAL FACTORY may elect to have the Dispute finally and exclusively resolved by the French court.
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and THE TINY DIGITAL FACTORY may terminate this Agreement at any time for any reason or for no reason. Termination by THE TINY DIGITAL FACTORY will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Service, which it may do at any time in its sole discretion. You may terminate this Agreement (and consequently, your Account) at any time by notifying THE TINY DIGITAL FACTORY at email@example.com. Upon termination of this Agreement, your right to use the THE TINY DIGITAL FACTORY SERVICES shall immediately cease. The following provisions shall survive any termination of this Agreement.
9. GENERAL TERMS
E. Force Majeure.
THE TINY DIGITAL FACTORY shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of THE TINY DIGITAL FACTORY, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond THE TINY DIGITAL FACTORY’ control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
G. Entire Agreement.