TERMS OF USE FOR LANDRULE

1.  Introduction

Landrule is a turn based mobile application (“App”) that is available for download in the Android Marketplace (which is operated by Google).  Landrule is owned and maintained by Pixamark, LLC which is based in New York.  This is important to remember, since any disputes will be governed by New York law and litigated in New York. 

This document is a legally-binding agreement (“Agreement”) governing the terms of providing you with our App.  Throughout this document, the words “Landrule,” “Pixamark” “App” “us,” “we,” and “our,” refer to our application.  Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement or is using the App.  This also includes any updates we make from time to time, which are all incorporated by reference.  Our App is limited to only those users who are age 13 and above. 

2.  Use of our App

Landrule is a turn based strategy game that challenges your mind.  There are two modes that are available for play, which are single player and multiplayer.  We reserve the right to alter these modes at any time, including the complete removal of the multiplayer feature of our App.  We can do this without notice or compensation to you, including refunding you for any additional content you may have purchased but can no longer use (i.e. map packs). 

Our App is available to download via the android marketplace.  You are given the right to download one copy of the App at the price listed. In the Google Play Store.  All purchase and billing are handled directly with Google and any issues with billing should be taken up with them. 

Once you have downloaded the App your rights are limited to your personal use.  This means you cannot sell our App anywhere else, share your license to use our App with anyone else, or try and make money off of it without our express written permission.  You obtain no ownership rights simply by purchasing our App and downloading it, you simply purchase the license to install and use the App within the confines of this Agreement. 

3.  Registration

Multiplayer features require that you register with us.  In doing so you will be providing your email, a username, and a password.  In the alternative you can connect using your Facebook account.  When using your Facebook account you will be sharing certain information with us based on the permissions you give in Facebook.  In addition, once you sign up we only use your information for the purposes of verifying you are you and that you are not a robot.

When registering you agree to only provide truthful information, and will continue to update it. You also agree that you will not do anything that violates these Terms including our Rules of Conduct.  If you use the multiplayer portion of our App you agree to behave both when playing and chatting. 

 

 

4.  Rules of Conduct

Since we’re a mobile App, there are some specific rules that you have to follow when you use Landrule.  You agree not to:

A.     You will not use, develop or distribute any automated software programs (bots), scripts, or other applications that are designed to modify, interact, or use our App;

B.     You will abide by all local, state, federal, international or other applicable laws, including but not limited to, rules regarding acceptable online conduct;

C.     Not utilize any cheat program or attempt to cheat in any way shape or form;

D.    You will not disrupt, attempt to, assist in, prohibit, or diminish any visitor or registered user’s experience or interaction with our App or Site;

E.     You will not reproduce, modify, reverse engineer, disassemble, distribute, transmit, copy, or otherwise create any derivative works of any portion of our App or any component;

F.     Not collect, or use any software to collect, the personal information of any kind, impersonate, or create a false identity for any reason, including for the purpose of misleading others;

G.    You will not use, upload, transmit, or distribute any content, images, or photographs which you do not own the rights to;

H.    You will not directly or indirectly cause any unsolicited commercial messages to be sent;

I.      You will not post, request, distribute or engage in conduct that is patently offensive;

J.      You will not post, request, distribute or engage in conduct that is sexually explicit or that can be construed as obscene or pornographic;

K.     You will not post, request, distribute or engage in conduct that is or promotes violence, terrorism, profanity, racial, bigotry, hatred, or otherwise objectionable content;

L.     You will not post, request, distribute, or engage in conduct that concerns illegal substances or activities;

M.    You will not post, request, distribute, or engage in conduct that furthers or promotes warez, cracking, phishing, phreaking, or other similar activity;

N.    You will not develop, post, or distribute any material or websites that contain viruses or any other computer code, file, or program that is designed to interrupt, destroy or limit the functionality of our App

O.    You will not share your App without our permission;

P.     You will not solicit the login information of any other user of the App;

Q.    You will not use your login information, sell any component or for commercial gain (i.e. selling your account to others); and

R.     You will not engage in any other prohibited use or prohibited content that is determined by us  in our sole discretion;

S.     You will not do anything that violates the Google Android Market Place or similar Terms of Use;

 

 

 

5. Copyright

Landrule’s (owned by Pixamark).  We own the rights to our App, including the code, images, or anything that is considered intellectual property by law, both in the United States and throughout the world.  This also includes any trademarks, themes, musical compositions, audio effects, video, stories, artwork, moral rights, rewards, or phrases from the App.  You are given a nonexclusive, non-transferable, revocable, limited license to use the App in accordance with this Agreement. 

Your rights. You have no rights.  0. Zip. Zilch. Nada.  Ok so you have the right to use our game and tell everyone how awesome of a score you got but that's it.  You don't own any part of our App.    

6.  Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR APP OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR APP, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR APP, FAILURE OF YOUR MOBILE DEVICE, NEGLIGENCE, OR ANY OTHER TORT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, IN THE APP WHICH PREVENT ACCESS TO OUR APP TEMPORARILY OR PERMANENTLY.  THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future

 

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, RESIDENTS OF THE STATE OF CALIFORNIA IN THE UNITED STATES MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

7.  Indemnity

You agree to indemnify and hold us harmless for any claims by you, or any third party which may arise from or relate to this Agreement or the use of our App, including your misuse. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

8.  Legal Issues

This Agreement shall be governed by the laws in force in the State of New York.  The offer and acceptance of this contract, as well as any breach of this contract and damages arising therefrom, are deemed to have occurred in the State of New York.

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of New York.  The prevailing party in any dispute will be entitled to their reasonable attorneys’ fees and costs.

9.  Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, failures in payment processing, or any other event beyond our control.

10.  Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

11. Export Issues and Government Use issues

You will not disclose, export or re-export, directly or indirectly, any software or technical data (or direct products thereof) provided under this Agreement in violation of the United States Export Administration Act of 1979, as amended, in the Export Administration Regulations, or any other relevant regulations. You may not use or download our App if you are from any country that the U.S. has placed on an embargo list. 

Our App has been developed entirely with private funds, which means it is “commercial software” as set forth in subparagraphs (c)(1) & (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses at DFARS 252.227-7013.  be.  Use, duplication or disclosure of this Application, related materials and documentation by the U.S. Government or by a U.S. Government subcontractor is subject to statutory restrictions.  

 

12.  Misc.

We may terminate your account or our provision of services to you at our discretion without explanation. We may terminate your account or use for any reason including, but not limited to because you didn’t abide by this Agreement, including our Rules of Conduct.

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion. 

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our App.

Google is a third party beneficiary to this Agreement since our App is hosted and sold in their marketplace.  In the event this Agreement is translated, the original English version will prevail.