Terms of Service
Effective Date: Sep 01, 2013
Please carefully read these Terms of Service.
The Service (as defined below) is intended for use by those 21 or older for amusement purposes only.
By registering for an Account or otherwise using the Service (as defined below), you represent that:
- (1) you are age 13 or older; and
- (2) you understand and agree to these Terms of Service, and, if you are between the ages of 13 and 18, your legal guardian has reviewed and understands and agrees to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1. Certain Definitions
- A "Device" means any mobile or wireless computing device, for example a smartphone, that may be used to access the Service.
- The "Service" means (i) the websites located at mariposa-e.com, mariposa-entertainment.com (the "Site"), including any services, features and content accessible or downloadable from the Site, and (ii) any other MARIPOSA application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources.
- "Service Materials" means all information and materials that are part of the Service, including without limitation the following: any and all copyrightable material, including but not limited to software; the "look and feel" of the Service or any portion of the Service; the compilation and arrangement of the components of the Service or any portion of the Service; pictures or other graphics or images; text; audio or video; advertising copy; data; logos; domain names; trademarks, service marks or trade names; and User Content (as defined below).
- "User Content" means content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information, etc.), which the Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, including by making the foregoing available to MARIPOSA and to other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions of the Service.
- "Virtual Currency" means virtual coins, points or similar items that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law.
- "Virtual Goods" means virtual digital items, such as commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law.
- "Your Content" means User Content that you make available in connection with the Service.
2. License Grant and Restrictions
MARIPOSA grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use and display the following: (a) the portions of the Service that are accessible from the Site without payment or made accessible from third party websites or sources via MARIPOSA’s authorization without payment, and (b) such other portions of the Service accessible on a "for-payment" basis, provided that you have paid the applicable fees and met the applicable conditions. The foregoing license is (i) solely for your personal, non- commercial use; (ii) solely for a single computer to access the Site and solely on a Device to access applications; and (iii) subject to your compliance with these Terms of Service.
You agree not to do or attempt to do any of the following:
- copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, stream or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Service; or
- use the Service for any use or purpose other than as expressly permitted by these Terms of Service.
Neither MARIPOSA nor any of the MARIPOSA Parties (as defined below) grant to you any licenses or rights except for the licenses and rights expressly granted in these Terms of Service. MARIPOSA and its licensors hereby reserve all rights not expressly granted by these Terms of Service. No license is granted hereunder by estoppel, implication or otherwise.
3. Account Registration and Confidentiality
By registering through the Service to play MARIPOSA games and access MARIPOSA services, we will establish an internal account specific to you as a user ("Account"). As part of this registration process, you may be requested to provide information about yourself in order to use the Service. You agree to provide and maintain true, accurate, complete and current information as requested by the Service. If you provide any information that is untrue, inaccurate, incomplete or not current, MARIPOSA has the right to suspend or terminate your Account and may prohibit you from using the Service at any time.
You are responsible for maintaining the confidentiality of your Account. You agree to notify MARIPOSA immediately of any unauthorized use of your Account or any other breach of security related to your Account. You are responsible for all activities that occur under your Account whether or not you have knowledge of those activities.
4. Service Materials
The Service Materials are protected by applicable laws in both the United States and other jurisdictions, including but not limited to intellectual property laws. Any use, copying and/or dissemination of the Service Materials may be restricted by such laws. You agree not to (nor attempt to) license, modify, copy, publish, sell, transfer, transmit or exploit in any way, any portion of the Service or Service Materials other than (a) Your Content (as defined below), (b) the specific Service Materials set forth in the following paragraph of this Section or (c) as expressly permitted in writing by MARIPOSA and, if applicable, the third party owner(s) of such Service Materials. You are solely responsible for obtaining permission from such owner(s).
You may use the following specific Service Materials only as expressly permitted in these Terms of Service:
- Share Image. A "Share Image" is a specific in-application image identified by MARIPOSA and enabled for sharing as expressly permitted as follows. You may make a Share Image available only to other MARIPOSA users and only via MARIPOSA’s social networking service.
- Friend Code. A "Friend Code" is a specific code provided by MARIPOSA. Users may share a Friend Code only on Facebook and Twitter, and only as an invitation to join the Service to contacts on those third party services.
- Screen Capture. A "Screen Capture" is a screenshot saved by a user via an in-application function. Users may send Screen Captures solely to their contacts on Facebook and Twitter, and only in unmodified form.
MARIPOSA and its licensors own all right, title and interest in and to the Service and the Service Materials, except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Service. You shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
6. User Content/Your Content
All User Content is the sole responsibility of the person from whom such User Content originated. MARIPOSA has no obligation to review, evaluate or otherwise monitor any User Content for any quality, including but not limited to accuracy or legality. MARIPOSA makes no warranties or other guarantees with respect to User Content and hereby disclaims any and all such warranties or guarantees.
Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with, the use of any User Content available in connection with the Service. MARIPOSA shall not be liable in any way for any User Content made available via the Service, including but not limited to any errors or omissions in any such User Content or any loss or damage of any kind resulting from any use of such User Content. You may notify MARIPOSA of User Content that you believe violates these Terms of Service, or other inappropriate user behavior, by sending an email to firstname.lastname@example.org
Notwithstanding the foregoing, MARIPOSA reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason or for no reason at any time.
You agree that Your Content is not confidential and will not be returned to you. You warrant that Your Content is original to you and that you own all rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Service without MARIPOSA incurring any obligations to any third party or liability arising out of its exercise of such rights and licenses.
You hereby grant to MARIPOSA an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to MARIPOSA the right to authorize others to exercise any of the rights granted to MARIPOSA under these Terms of Service. You further hereby grant to MARIPOSA the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner.
MARIPOSA does not claim any ownership rights in Your Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit Your Content. MARIPOSA has no obligation to monitor or enforce your intellectual property rights in or to Your Content. MARIPOSA has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
7. Virtual Currency and Virtual Goods
The Service may include Virtual Currency and/or Virtual Goods. You have no right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service except for the following: You will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Service, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by MARIPOSA. MARIPOSA may manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods at any time, with or without notice. MARIPOSA shall have no liability to you or any third party in the event that MARIPOSA exercises any such rights.
The transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to any person or entity, including but not limited to MARIPOSA, another User or any third party.
You understand and agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, unless MARIPOSA (or the applicable third party platform provider) decides in its sole discretion to provide a refund. You agree that in the event that these Terms of Service, your Account, the Service as a whole or the applicable portion of the Service is terminated or discontinued for any reason, you will forfeit all Virtual Currency and Virtual Goods. MARIPOSA will have no liability to you in connection with that forfeiture.
8. Restrictions and Rules
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service itself.
- You shall not create an Account or access the Service if you are under the age of 13
- You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of your Account by minors. You are responsible for any use of your credit card or other payment instrument by minors
- You shall not rent, lease, sell, trade or otherwise transfer to anyone your Account or any virtual items or virtual currency associated with your Account
- You shall not use your Account for any commercial purpose, including but not limited to:
- any attempt to raise money for any party or any purpose
- advertising of any kind, including chain letters, junk e-mail or repetitive messages (e.g., spam)
- You shall not submit false refund requests to MARIPOSA or to any third party platform provider
- You shall not use your Account to engage in any illegal conduct
- You further agree not to:
- interfere with or disrupt the Service or servers or networks connected to the Service
- interfere with, disrupt or circumvent any feature of the Service that creates security or restricts or enforces limitations on use of or access to the Service
- be out of compliance with any requirements or policies of networks connected to the Service
- use the Service to violate any applicable law, whether intentionally or unintentionally
- use the Service to harm minors (or any other individual) in any way or to reveal any personal information about another individual
- defraud MARIPOSA or any other person or entity or engage in any "pyramid scheme" or similar activity
- impersonate any person or entity or misrepresent your relationship to or affiliation with a person or entity
- use the Service to post or otherwise distribute any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive
- create any Account by automated means or false pretenses or use any other user’s Account for any purpose, including to circumvent a suspension or ban, and/or
- use or distribute cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify any user’s experience with the Service.
You also agree to comply with all applicable laws or other rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws or other rules regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition, you agree not to use the Service or any portion of the Service to commit actions that MARIPOSA considers, in its sole discretion, to be detrimental in any way to the Service or to any user’s enjoyment of the Service.
MARIPOSA reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. MARIPOSA reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
"Feedback" means any comments, suggestions or other feedback about, related to or in connection with, the Service that you provide to MARIPOSA. You agree that any Feedback shall be the exclusive property of MARIPOSA, and you hereby assign to MARIPOSA all rights, title and interest in and to all Feedback. You agree that, unless otherwise prohibited by applicable law, MARIPOSA may, without any compensation to you, use, sell and otherwise disclose or exploit the Feedback in any way and for any purpose.
10. Changes to the Terms of Service and the Service
Except as may be expressly specified otherwise by MARIPOSA with respect to paid portions of the Service, MARIPOSA reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.
"MARIPOSA," the MARIPOSA logo and other logos and product and service names are trademarks and service marks of, and are owned by, MARIPOSA or the MARIPOSA Parties. You may not use or display such trademarks in any manner, except as expressly set forth in these Terms of Service. All third party trademarks and service marks appearing on the Service are the property of their respective owners and all rights therein are reserved.
12. Links to Third Party Websites
The Service may contain links to third party websites or resources. MARIPOSA may remove any such links at any time for any reason or for no reason. You acknowledge and agree that MARIPOSA is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Such links do not imply any endorsement by MARIPOSA of, or relationship of MARIPOSA with, such websites or resources or the content, products, or services available from such websites or resources. You shall have sole responsibility for and you assume all risk arising from your use of any such websites or resources.
You may terminate your Account at any time and for any reason by sending an email to email@example.com informing MARIPOSA that you wish to terminate your Account.
MARIPOSA may terminate these Terms of Service, your Account, your access to the Service, the Service itself or any portion of the Service at any time and for any reason. MARIPOSA may also notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if MARIPOSA suspects or determines that you may have failed to comply with any provision of these Terms of Service or any other MARIPOSA policy or rule, or engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm or other disruption for you, MARIPOSA, any third party or the Service itself.
As the result of any termination, you will lose your Account and all associated information and data, which may include without limitation your game history, avatars, characters, achievements and Virtual Currency and Virtual Goods. You will not be entitled to and MARIPOSA will not be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination (by you or by MARIPOSA) permitted under these Terms of Service for any reason. MARIPOSA reserves the right in its discretion to refuse to maintain an Account for, or provide the Service to, any individual.
These Terms of Service will remain effective until terminated. You agree that the following sections of these Terms of Service will survive any termination of these Terms of Service, your Account or the Service:
Section 4 (Service Materials); Section 5 (Ownership); Section 6 (User Content/Your Content); Section 7 (Virtual Currency and Virtual Goods); Section 9 (Feedback), Section 11 (Trademarks); Section 12 (Links to Third Party Websites); Section 13 (Termination); Section 14 (Disputes Between You and Other Users), Section 15 (Indemnification); Section 16 (Disclaimers of Warranties); Section 17 (Limitation of Liability); Section 18 (Governing Law and Equitable Remedies); Section 19 and Section 19 (General Provisions).
14. Disputes between You and Other Users
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through your use of the Service. MARIPOSA reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service. You will fully cooperate with MARIPOSA to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting MARIPOSA access to any password-protected portions of your Account. MARIPOSA hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Service.
You agree to indemnify, defend and hold the MARIPOSA Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) due to or arising from information in your Account, any information you (or anyone accessing the Service using your Account) submit, post or transmit through the Service, as well as your (or anyone accessing the Service using your Account):
- use of the Service
- violation of these Terms of Service, and
- violation of any rights of any other person or entity.
MARIPOSA may assume the exclusive defense and control of any matter within the scope of this section. You agree to cooperate with MARIPOSA and pay all expenses, with respect to any such matter.
16. Disclaimer of Warranties
YOU AGREE THAT THE SERVICE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL USE OF THE SERVICE IS AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, NEITHER MARIPOSA NOR ITS AFFILIATES (DEFINED BELOW) OR SUBSIDIARIES, NOR ANY OF THEIR EMPLOYEES, DIRECTORS, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE "MARIPOSA PARTIES") WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR (B) THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE OR ACCESSIBLE OR (C) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. "AFFILIATE" MEANS ANY ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS UNDER COMMON CONTROL, OR IS CONTROLLED BY MARIPOSA ENTERTAINMENT, INC.
17. Limitation of Liability
THE MARIPOSA PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MARIPOSA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MARIPOSA PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO MARIPOSA IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNT TO MARIPOSA DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE MARIPOSA PARTIES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH MARIPOSA OR THE MARIPOSA PARTIES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that MARIPOSA or any other MARIPOSA Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of MARIPOSA’s and any MARIPOSA Party’s liability shall be the minimum permitted under such applicable law.
18. Governing Law and Equitable Remedies
These Terms of Service and any claim related to these Terms of Service or to the Service itself will be governed by the laws of the State of California without reference to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service 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. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
You acknowledge that your breach of these Terms of Service may result in immediate and irreparable harm to MARIPOSA for which remedies at law are inadequate. Accordingly, MARIPOSA shall be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you of these Terms of Service. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.
19. Copyright Issues
MARIPOSA respects the intellectual property of others and asks that users of MARIPOSA’s games and services do the same. Accordingly, without limiting any other provision of these Terms of Service, you may not upload, post, send or transmit to or through the Service any materials that violate third party intellectual property rights.
If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through the Service, you may notify MARIPOSA’s designated copyright agent for receiving claims of copyright infringement as follows:
Mariposa Entertainment, Inc.
Attention: Copyright Agent
Please note, however, that as referred to in more detail in MARIPOSA’s Copyright Policy, certain legal requirements and restrictions apply with respect to such notices. You are encouraged to familiarize yourself with such requirements and restrictions before providing to us any notices of alleged copyright infringement.
20. General Provisions
a. You agree to be responsible for obtaining and maintaining all mobile devices and any other equipment needed for access to and use of the Service, and all charges related thereto.
b. Upon MARIPOSA’s request, you will provide to MARIPOSA any documentation, releases or other materials necessary to verify your compliance with these Terms of Service.
c. MARIPOSA currently operates and controls the Service from the United States. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject MARIPOSA to any registration requirement within such jurisdiction or country.
d. MARIPOSA’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
e. The parties agree that if any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the court should give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms of Service shall remain in full force and effect.
f. You shall not assign these Terms of Service to another person or entity without MARIPOSA’s prior written consent.
g. MARIPOSA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, acts of civil or military authorities, terrorism, riots, embargoes, strikes, or energy shortages.
h. You agree that these Terms of Service will not be construed against MARIPOSA by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of a requirement that these Terms of Service must be signed.
To contact MARIPOSA, use email: firstname.lastname@example.org