Last updated 16th January 2014
Welcome to the Crystal Cove Network! As used in these terms and conditions of use (“Terms”), “Crystal Cove Network”, “we”, “us”, or “our” refer to Crystal Cove Network, and all of its subsidiaries.
We provide our users (“Crystal Cove Users“) with: (i) applications for mobile platforms or devices, and web applications accessible on third-party social networking services (“SNS“) (collectively, our mobile and web applications are referred to herein as “Crystal Cove Applications“), (ii) game publisher networks, crowd sourcing services and platforms (“Networks“) in connection with Crystal Cove Applications and Third-Party Mobile Applications (defined below), (iii) web domains and subdomains, including crystalcove.io, and web forums or messaging boards in Crystal Cove Applications and our Sites (collectively, our “Forums“). Any and all of our Crystal Cove Applications, Networks, Sites and Forums are referred to herein as our “Services“.
Please read these Terms carefully because they govern your access to and use of our Services, Crystal Cove Content, and User Content (defined below) and are legally binding.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “SIGN UP” BUTTON WHERE APPLICABLE, OR BY ACCESSING OR USING OUR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR THROUGH OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER (DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES OR CRYSTAL COVE NETWORK CONTENT.
Certain Services, and your access to or use of certain Crystal Cove Network Content, may have different, Service-specific or Crystal Cove Network Content-specific terms and conditions (“Rules”) posted, or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Service-specific Rules or Crystal Cove Network Content-specific Rules, the applicable Rules will take precedence with respect to your use of, or access to, such Service or Crystal Cove Network Content. In addition, Crystal Cove Network offers access to third-party mobile applications available via our Services (each, a “Third-Party Mobile Application”), which are designed by third-party publishers (each, a “Third-Party Publisher”). You understand and agree that access to, and use of, any Third-Party Mobile Application shall be subject to terms and conditions of use where provided by the Third-Party Publisher of such Third-Party Mobile Application (“Third-Party Terms”).
Crystal Cove Network reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
No Unlawful Or Prohibited Use
By using our Services, you represent and warrant to Crystal Cove Network that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms.
Eligibility and Registration
In order to access the full feature set of our Services, and to post any User Content on or through our Services, you must register to create either a full-access Crystal Cove Network account (“Crystal Cove Network Account”) and become a “Member.”
Some of our Services allow for the creation of a limited access “Guest” account (“Guest Account”). Use of a Guest Account will prevent you from taking advantage of certain features (e.g. leaderboards, in-game achievements, and other social features) that are only available under a Crystal Cove Network Account. You will have the option to upgrade an existing Guest Account to a new Crystal Cove Network Account. Upgrading from an existing Guest Account to a new Crystal Cove Network Account will allow you to retain your game progress data and Virtual Items and Virtual Currency (see the “Virtual Items and Virtual Currency” section below) corresponding to that Guest Account. However, it will not be possible to link or merge game progress data and Virtual Items and Virtual Currency corresponding to a Guest Account with a pre-existing Crystal Cove Network Account. If you choose to upgrade your Guest Account to a pre-existing Crystal Cove Network Account then all game progress data and Virtual Items and Virtual Currency corresponding to that Guest Account will be erased and won’t be recoverable. That means you should only choose to create a Guest Account if you don’t have an existing Crystal Cove Network Account and do not yet want to register for a Crystal Cove Network Account or if you will not upgrade that Guest Account to a pre-existing Crystal Cove Network Account. Except as noted in this paragraph, these Terms will apply to you as a registered “guest” under a Guest Account as if that account were a Crystal Cove Network Account and as they do to Members.
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the Services, you represent that your legal guardian has read, understood, and agreed to these Terms. In registering for a Crystal Cove Network Account, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
You may not register to create a Crystal Cove Network, and you cannot hold a Crystal Cove Network Account, if you are below the age of 14. In registering for a Crystal Cove Network Account, you agree to prevent access to anyone under 14.
Since our Services are not intended for children under the age of 14, Crystal Cove Network Account Member access to our Services is not knowingly granted to persons under 14.
During the registration process, you will be required to provide certain information, including your email address, and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Crystal Cove Network reserves the right to suspend or terminate your Crystal Cove Network Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. If you are not a Member, you may only browse or use in limited ways those parts of our Services that are not limited to Members only.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your Crystal Cove Network Account, and you agree to take sole responsibility for any activities or actions under your Crystal Cove Network Account, whether or not you have authorized such activities or actions. You will immediately notify Crystal Cove Network of any unauthorized use of your Crystal Cove Network Account.
EVEN THOUGH WE USE THE WORD “YOUR” TO DESCRIBE AN CRYSTAL COVE NETWORK ACCOUNT YOU REGISTERED FOR, YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE CRYSTAL COVE NETWORK ACCOUNT AT ALL, AND YOU FURTHER AGREE THAT ALL RIGHTS IN AND TO THE CRYSTAL COVE NETWORK ACCOUNT ARE AND ALWAYS WILL BE OWNED BY AND INURE TO THE BENEFIT OF CRYSTAL COVE NETWORK.
Certain types of content are made available on or through our Services:
- User Content means text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member on or through our Services.
- Crystal Cove Network Content means text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, Crystal Cove Network or our licensors’ trademarks and logos, Crystal Cove Network Applications and Third-Party Mobile Applications, and other content made available by Crystal Cove Network on or through our Services, including any Customizations but excluding User Content.
- Customizations means the modifications, designs or enhancements to Crystal Cove Network Content as a result of a Member’s or a non-registered user’s customization of a Crystal Cove Network character using one of Crystal Cove Network’s interactive templates or design tools. For the avoidance of doubt, Customizations do not include User Content.
Our Services and Crystal Cove Network Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Crystal Cove Network and our licensors exclusively own all right, title and interest in and to the Services and Crystal Cove Network Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights“).
Crystal Cove Network will exclusively own all right, title and interest in and to any Customizations and you hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or Crystal Cove Network Content.
Crystal Cove Network Content License
Subject to your compliance with these Terms, Crystal Cove Network hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any Crystal Cove Network Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Crystal Cove Network Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Crystal Cove Network or its licensors, except for the licenses and rights expressly granted by these Terms.
By making available any User Content on or through our Services, you hereby grant to Crystal Cove Network a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of our Services. Crystal Cove Network does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that:
- you either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to Crystal Cove Network the rights in such User Content as contemplated under these Terms; and
- neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Crystal Cove Network’s use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
No Infringing Use.
You will not use our Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
Crystal Cove Network has adopted and implemented a Copyright Infringement Policy that, among other things, provides copyright protections consistent with the procedures established by the United States Digital Millennium Copyright Act.
Without any limitation of our other rights and remedies under these Terms and at law, our Copyright Infringement Policy provides for the termination in appropriate circumstances of the accounts of Crystal Cove Network Users who are repeat infringers of the rights of copyright holders. Please see our Copyright Infringement Policy, which is incorporated into and forms a part of these Terms.
Ratings, Comments & Feedback
You can rate and make comments about content made available on or through our Services (“Comments”). Crystal Cove Network advises you to exercise caution and good judgment when leaving such Comments. We do not generally monitor, review or moderate your Comments. Once you complete and submit your Comments on or through our Services, you should not expect to be able to go back and edit your Comments, nor should you expect us to make modifications to, or deletions of, your Comments on your behalf. You should be aware that you could be held legally responsible for damages to someone’s reputation if your Comments are deemed to be defamatory. Without limiting any other terms or conditions of these Terms, Crystal Cove Network may, but is under no obligation to do so, monitor or censor Comments and disclaims any and all liability relating thereto. Notwithstanding the foregoing, Crystal Cove Network does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of Crystal Cove Network and you hereby irrevocably assign to Crystal Cove Network and agree to irrevocably assign to Crystal Cove Network all of your right, title, and interest in and to all Feedback, including without limitation all worldwide Intellectual Property Rights therein. Further, we are under no obligation to provide compensation for any Feedback. At Crystal Cove Network’s request and expense, you will execute documents and take such further acts as Crystal Cove Network may reasonably request to assist Crystal Cove Network to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections in the Feedback.
Virtual Items and Virtual Currency
Crystal Cove Network owns, has licensed, or otherwise has the rights to use all Crystal Cove Network Content appearing or originating in the Services, Crystal Cove Network Applications or Third Party Mobile Applications, including virtual items (“Virtual Items”) and virtual currency (“Virtual Currency”).
Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in Crystal Cove Network Applications or Third Party Mobile Applications, and they have no “real world” value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in Crystal Cove Network Applications or Third Party Mobile Applications by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.
The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.
You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency, except only that where allowed you can exchange, within the Services, Crystal Cove Network Applications, and Third Party Mobile Applications, those Virtual Items and Virtual Currency that cannot be purchased with “real world” money (“Tradable Items“) for other Tradable Items so long as no money or anything of monetary value is paid or given for Tradable Items; any other purported or attempted exchange is strictly prohibited.
Virtual Items and Virtual Currency may never be redeemed by you for “real world” money, goods, wares, merchandise, services, or anything of monetary value from Crystal Cove Network or any other person.
Orders & Payments
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the Services, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to these Terms.
You may purchase, with “real world” money, limited licenses to use Virtual Items or Virtual Currency from Crystal Cove Network in accordance with these Terms, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from Crystal Cove Network that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.
Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your Crystal Cove Network Account.
You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order. If you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, the right to withdraw from such purchases within 7 working days of the date of purchase (“Cooling Off Period“) may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order limited licenses to Virtual Items or Virtual Currency from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance.
You understand and agree that Crystal Cove Network provides no refunds for any purchases except only as expressly stated in these Terms.
Additionally, the maximum purchased Virtual Currency balance that you will be able maintain in your Crystal Cove Network Account at any given time is one thousand dollars ($1,000 USD) of purchased Virtual Currency.
You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using an Crystal Cove Network Account registered to you.
Mobile Operating Software Providers and Third-Party Publishers
Providers of operating software for mobile devices (“OS Providers“) offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download Crystal Cove Network Applications or Third-Party Mobile Applications from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms (and the terms and conditions of any applicable Third-Party Publisher), you must also comply with the terms and conditions of such virtual storefront or marketplace, such, as for example, Google’s Android Market.
As for Third-Party Publishers, although Crystal Cove Network is not a party to any license between you and any Third-Party Publishers with respect to Third-Party Mobile Applications, you acknowledge and agree that Crystal Cove Network is a third-party beneficiary of each such Third-Party Mobile Application’s end user license agreement. You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Mobile Application, Crystal Cove Network, as a third-party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce such license against you.
Interactions between Users
You are solely responsible for your interactions (including any disputes) with other Crystal Cove Network Users. Even if we choose to offer report user, block user, or similar features on our Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Services and disclosing personal information to other Crystal Cove Network Users. You agree to take reasonable precautions in all interactions with other Crystal Cove Network Users, particularly if you decide to meet a Crystal Cove Network User offline, or in person. Your use of our Services, Crystal Cove Network Content, User Content and any other content made available through our Services is at your sole risk and discretion and Crystal Cove Network hereby disclaims any and all liability to you or any third party relating thereto. Crystal Cove Network reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with Crystal Cove Network to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Crystal Cove Network representatives access to any password-protected portions of your Crystal Cove Network Account.
You agree not to do any of the following while using our Services, Crystal Cove Network Content, or User Content:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
- infringes, misappropriates or violates a third party’s Intellectual Property Rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose our Services, or any individual element or materials within our Services, Crystal Cove Network’s name, any Crystal Cove Network or Crystal Cove Network licensor’s trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Crystal Cove Network’s express written consent;
- Access, tamper with, or use non-public areas of our Services, Crystal Cove Network’s computer systems, or the technical delivery systems of Crystal Cove Network’s providers;
- Attempt to probe, scan, or test the vulnerability of any Crystal Cove Network system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Crystal Cove Network or any of Crystal Cove Network’s providers or any other third party (including another Crystal Cove Network User) to protect our Services or Crystal Cove Network Content;
- Attempt to access or search our Services or Crystal Cove Network Content, or download Crystal Cove Network Content from our Services, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Crystal Cove Network or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Crystal Cove Network or Crystal Cove Network licensor’s trademark, logo URL or product name without Crystal Cove Network’s express written consent;
- Use our Services or Crystal Cove Network Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way our Services or Crystal Cove Network Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Services or Crystal Cove Network Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Services;
- Collect or store any personally identifiable information from our Services, or from other users of our Services, without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Encourage or enable any other individual to do any of the foregoing;
- Post User content or take any action that infringes or violates the rights of another Member:
- Bully, harass or intimidate any Member of the Services;
- Solicit Member login credentials from another Member or collect User content or otherwise access the Services by automated means including but not limited to, bots, robots, spiders;
- Create an Crystal Cove Network Account for anyone other than yourself;
- Use your Member profile for personal commercial gain;
- Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other Members, or modify or interfere with the Service;
- Abuse or exploit a bug, glitch or mechanism in the Service; or
- Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation.
Crystal Cove Network will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and Services security issues, to the fullest extent of the law. Crystal Cove Network may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that Crystal Cove Network has no obligation to monitor or record your access to or use of our Services or Crystal Cove Network Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content. Crystal Cove Network reserves the right, at any time and without prior notice, to remove or disable access to any User Content that Crystal Cove Network, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to our Services.
We encourage Crystal Cove Network Users to report any suspected misconduct or misuse of our Services by sending us an email to email@example.com.
Links and Third-Party Materials
Our Services may contain links to third-party websites or resources. You acknowledge and agree that Crystal Cove Network is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Crystal Cove Network of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you elect to use our Services on mobile carrier networks, such carrier’s normal billing rates will apply.
In addition, certain content, products, and services available via our Services may include materials from third parties, including Third-Party Mobile Applications. You agree that Crystal Cove Network is not responsible for examining or evaluating third-party content, or such content’s accuracy, and Crystal Cove Network does not warrant and will not have any liability or responsibility for any Third-Party Mobile Applications, or for any other materials, products, or services of third parties. You agree that you will not use any Third-Party Mobile Applications, or other third-party materials, in a manner that would infringe or violate the rights of any other party, and that Crystal Cove Network is not in any way responsible for any such use by you.
Sweepstakes and Contests
Crystal Cove Network may permit the offer of sweepstakes, contests and similar promotions (collectively, “Promotions“) through the Services. You should carefully review the rules (e.g., the “Official Rules“) of each Promotion in which you participate through the Services, as they may contain additional important information about Crystal Cove Network’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules will control.
Termination of Crystal Cove Network Accounts
Without limiting other remedies, Crystal Cove Network may at any time suspend or terminate your Crystal Cove Network Account and refuse to provide access to our Services if Crystal Cove Network suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms or any policies or Rules established by Crystal Cove Network; (ii) engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Crystal Cove Network Users, Crystal Cove Network or any other third parties or our Services; or (iii) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, Crystal Cove Network may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above.
You may terminate your Crystal Cove Network Account at any time and for any reason by sending an email to firstname.lastname@example.org.
Effects of Termination, Suspension of Account
Upon termination of your Crystal Cove Network Account for any reason by you or us, you will lose all access to such account. Terminated Crystal Cove Network Accounts cannot be reinstated; any Crystal Cove Network Account that may be registered by you after termination of a Crystal Cove Network Account is a unique account.
If your Crystal Cove Network Account is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your Crystal Cove Network Account at the time of termination will be lost and no longer be available to you, and you will have no right to them.
If your Crystal Cove Network Account is terminated for any reason by you or us, you understand and agree that Crystal Cove Network may redeem and use the Virtual Currency in the Crystal Cove Network Account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency.
In addition, if there is no activity in your Crystal Cove Network Account for 3 years (Inactive Account), you understand and agree that (i) Crystal Cove Network may redeem and use the Virtual Currency in the Inactive Account at such time for any purpose that it may choose, and that on the account becoming an Inactive Account you will have no right to that Virtual Currency; and (ii) any Virtual Items to which you had access via the Inactive Account up to the account becoming an Inactive Account will be lost and no longer be available to you, and you will have no right to them.
YOU AGREE THAT CRYSTAL COVE NETWORK IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN INACTIVE ACCOUNT OR THAT WAS IN A TERMINATED CRYSTAL COVE NETWORK ACCOUNT, NO MATTER HOW EITHER CAME ABOUT.
After any termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. Crystal Cove Network will not be liable to you or any third party for termination of our Services or termination of your use of our Services. UPON ANY TERMINATION OR SUSPENSION OF YOUR CRYSTAL COVE NETWORK ACCOUNT, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR SERVICES OR THAT WHICH IS RELATED TO YOUR CRYSTAL COVE NETWORK ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Crystal Cove Network will have no obligation to maintain any information stored in our database related to your Crystal Cove Network Account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to Crystal Cove Network under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
OUR SERVICES, CRYSTAL COVE NETWORK CONTENT, AND USER CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CRYSTAL COVE NETWORK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
CRYSTAL COVE NETWORK MAKES NO WARRANTY THAT OUR SERVICES, CRYSTAL COVE NETWORK CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CRYSTAL COVE NETWORK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CRYSTAL COVE NETWORK OR THROUGH OUR SERVICES, CRYSTAL COVE NETWORK CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Crystal Cove Network, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to Crystal Cove Network, your access to our Services or Crystal Cove Network Content, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICES, CRYSTAL COVE NETWORK CONTENT, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER CRYSTAL COVE NETWORK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES OR CRYSTAL COVE NETWORK CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRYSTAL COVE NETWORK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT CRYSTAL COVE NETWORK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, CRYSTAL COVE NETWORK WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM OR THROUGH OUR SERVICES.
IN NO EVENT WILL CRYSTAL COVE NETWORK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CRYSTAL COVE NETWORK CONTENT OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CRYSTAL COVE NETWORK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Trademarks & Other Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Crystal Cove Network or our licensors used in association with the Services are trademarks or registered trademarks of Crystal Cove Network or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Crystal Cove Network and you regarding our Services and Crystal Cove Network Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Crystal Cove Network and you regarding our Services and Crystal Cove Network Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Crystal Cove Network’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Crystal Cove Network may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of our Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (x) by Crystal Cove Network via email (in each case to the address that you provide) or (y) by posting on or through our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Crystal Cove Network to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Crystal Cove Network. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You agree that (i) these Terms are intended to cover any Third Party Publisher who is an affiliate of Crystal Cove Network (“Affiliate Publisher“); (ii) your obligations to Crystal Cove Network under these Terms extend to Affiliate Publishers as applicable unless otherwise agreed under any Third-Party Terms with any such Affiliate Publisher; and (iii) Affiliate Publishers are third party beneficiaries under these Terms who may rely on and directly enforce these Terms against you as such.
Language and Special Provisions Applicable to Users Outside of the United States
The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only and the English version shall govern to the extent of any inconsistency.
If a Crystal Cove Network User resides in a country that is embargoed by the United States, or if a Crystal Cove Network User is on the U.S. Treasury Department’s list of Specially Designated Nationals (SDN) then such Crystal Cove Network User shall not engage in any commercial activities on, or using, the Services.
Certain special terms that apply only to end users who reside in Germany are available separately.
If you have any questions about these Terms, please contact Crystal Cove Network at email@example.com.
Last updated: February 24th 2014
For end users residing in Germany:
User Content Section:
Crystal Cove Network’s license to use User Content in connection to the Services is limited in nature.
Limitation of Liability Section: