Booyah, Inc. Terms of Service

Effective Date: 8/1/2010

Most Recent Update: 2/6/2013

Introduction and Agreement to these Terms of Service

Welcome! We here at Booyah, Inc. (“Booyah”) can’t wait to have you play our games but we first need to do a bit of legal housekeeping. By accessing and playing any games created by Booyah (the “Games”), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service (“Terms”). Booyah’s current games include: Miniguns: Assault, My Town, Nightclub City, Early Bird, My Town 2, MyTown 2: Getaways, My Town: Animals, Early Bird and Friends, and No Zombies Allowed. This policy will also cover any of our past games which include: DJ Rivals and My Town.

Booyah reserves the right to revise these Terms at any time. If we do, we will post the modified Terms on this page and indicate the date of most the recent change above. You agree to read all notifications we send you and to periodically check Terms for updates. Your continued use of the Games constitutes acceptance of these Terms and any modifications thereto. If you object to any changes, your sole recourse is to cease use of the Games.

Our Games exist on a number of different platforms (Apple’s iTunes, Google Play, and Facebook). Please be aware that your activities on each of these platforms are also subject to the terms of service for that platform.

Please note also that while we always endeavor to provide the best gaming experience with our apps, we cannot be held responsible for malfunctions resulting from device tampering or any activity nullifying your device and/or carrier warranty.

License to Play

Subject to compliance with these Terms, Booyah is granting you a non-exclusive, non-transferable, revocable limited license to access the Games for your own non-commercial entertainment purposes only. You agree not to use the Games for any other purpose. If you violate any of these Terms, we reserve the right to terminate your license without notice.

In-Game Currencies and Goods

The Games may include virtual, in-game currency (“Virtual Currency”), such as credits, coins, cash, or points, that may be purchased with “real world” money or obtained through interactions with a third-party service. Virtual Currency may be used to purchase virtual, in-game digital items (“Virtual Goods”). Please note that for some platforms, Booyah does not handle the transactions for any Virtual Currency. By purchasing Virtual Currency in the Games on such platform’s (e.g. Facebook), you are bound by the Service Provider’s applicable Terms of Sale. For the other platforms, Booyah reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods.

In addition to any third party obligations, the following shall apply. In no way can Virtual Currency or Virtual Goods be redeemed for “real world” money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods outside of the Games are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value outside of the Games.
You also agree that all sales of Virtual Currency and Virtual Goods are final unless otherwise detailed in the applicable Terms of Sale. No refunds will be given by Booyah. 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 Booyah’s sole and absolute discretion, or if Booyah discontinues its Games, you forfeit any and all Virtual Currency and Goods. Booyah 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 Booyah shall have no liability to you or anyone for the exercise of such rights.

Rights to Content

“Content” means all software, communications, images, sounds, and material perceived or made available by the Games. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Booyah. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Booyah, its logos, and the Games’ names are trademarks of Booyah and may not be used without Booyah’s express written permission.

You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Games, are the sole and exclusive property of Booyah or its licensors. Booyah may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Booyah or any other third party.

User Generated Content

It is possible you may choose to contribute to the games through the submission of user-generated content. User Generated Content may be defined as various kinds of content, publicly available, that are produced by end users (for example, wall posts, messages, reviews, and actions with others end users) as well as any feedback, comments, or suggestions that you provide to us regarding the Games.

You agree that such User Generated Content is wholly original to you and you exclusively own the rights to such User Generated Content, including the right to grant all of the rights and licenses in these Terms without Booyah incurring any third party obligations or liability arising out of its exercise of the rights granted herein by you.

You hereby grant to Booyah a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the User Generated Content, or any portion thereof, on the Games as well as any and all media now known or hereafter developed and to advertise, market and promote the same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.

Booyah representatives reserve the right to monitor User Generated Content in the Games, but cannot monitor or prescreen all of the User Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted in the Games that is deemed objectionable or violates these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. We do not assume any responsibility or liability for User Generated Content that is generated by users of the Games. You bear the entire risk of the completeness, accuracy or usefulness of your User Generated Content found in the Games.

User Code of Conduct

Your use of the Games is governed by certain rules (the “Code of Conduct”), developed and enforced by Booyah. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Booyah reserves the right to determine which conduct it considers to be outside the spirit of the Games and to take such disciplinary measures as it sees fit up to and including termination and deletion of the user’s account. The Code of Conduct governs all aspects of your interaction with the Games, including but not limited to selecting your character name, posting messages and otherwise accessing the Games.

You agree that your use of and conduct in the Games shall be lawful and you will not:

  • transmit or post any content or language which, in Booyah’s sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
  • violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
  • make improper use of Booyah’s support services or submit false reports of abuse or misconduct;
  • disseminate, transmit, or attempt to upload viruses, Trojan horses, keyboard loggers, time bombs, adware, spyware, or any other malicious or invasive code of program;
  • copy or adapt the Games’ software including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  • reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that Booyah created to generate web pages or any software or other products or processes accessible through the Games;
  • except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Games, or use or launch any unauthorized script or other software;
  • interfere with or circumvent any security feature of the Games or any feature that restricts or enforces limitations on use of or access to the Games or Content;
  • participate in any action that, in Booyah’s sole and absolute opinion, results or may result in an authorized user of the Games being defrauded out of Virtual Currency or Virtual goods that the user has earned through authorized game play in the Games;
  • sell the Games or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
  • engage in cheating or any other activity deemed by Booyah to be in conflict with the spirit or intent of the Games.

Minors

By accessing and using the Games, you represent and warrant that you are at least 13 years old. If you are a minor over the age of 13, we require you seek consent from a parent or legal guardian before accessing the Games.

Termination

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 reach 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.

Privacy

Booyah respects and protects the privacy of the users of its Games. By accessing the Games, you acknowledge and incorporate the Privacy Policy into these Terms. Please refer to Booyah’s Privacy Policy here: http://www.booyah.com/privacy.

Further, please remember that your activities will likely result in your interaction with various third parties, which will be governed by the privacy policies of those entities (such as but not limited to Apple, and Google).

Disputes with Others

We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Games. If you have a dispute with other users, you release Booyah and hereby agree to indemnify Booyah from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Disclaimer of Warranties and Limitation of Liability

ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY Booyah ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Booyah MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Booyah DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Booyah DOES NOT WARRANT THAT ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM Booyah ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Booyah WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By accessing and using the Games, you agree that the laws of the state of California (United States of America), without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Booyah.

Indemnification

You agree to defend, indemnify and hold harmless the Booyah parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use the Games and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Games.

Headings

The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

Non-Waiver

The failure of Booyah to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.

Entire Agreement

These terms and conditions constitute the entire and exclusive agreement between you and Booyah concerning your use of the Games and supersedes any and all statements or other agreements, whether oral or written, between you and Booyah regarding that use.