The Games & Services are only intended for individuals aged sixteen (16) years or older. If you are under 16 years old, please do not visit or use the Games & Services unless your parent or guardian has consented to your use after they visit or use the Games & Services to make sure that they understand these Terms and agree to them.
We reserve the right, at our discretion, to change or add to these Terms at any time. Changed and new terms, as applicable, will be effective ten (10) days following posting of the revised Terms on the Games & Services, and your continued use of the Games & Services thereafter means that you accept those changes.
DESCRIPTION OF GAMES & SERVICES
Cerberus Interactive designs and develops mobile online games distributed primarily through iOS and Android Devices. Cerberus Interactive provides gamers with immersive single-player and multi-player experiences. Some Cerberus Interactive titles are location-based games where players utilize real world locations to play its games. In connection with its sales of its games as apps, Cerberus Interactive may sell, in addition to its games, virtual currencies that can be used by the player for purposes that may include speeding up timers and buying special in-game cosmetics. Cerberus Interactive may also leverage third-party advertising networks to monetize the gameplay. Cerberus Interactive may also create location-specific advertising for location-based games.
A description of Cerberus Interactive, its products, and the purchasing and delivery process is on our FAQ page, as updated from time to time. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. The Games & Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Games & Services are not available to minors without parental supervision. If you do not qualify, please do not use the Games & Services. Additionally, Cerberus Interactive reserves the right to refuse access to, or use of, the Games & Services to anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the Games & Services and are prohibited from using alter egos or other disguised identities when using the Games & Services.
You agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due with respect to your purchase transaction. You agree that Cerberus Interactive, as the seller, is not responsible for reporting, collection or payment of any taxes on your behalf.
LICENSE AND SITE ACCESS
Cerberus Interactive grants you a limited, non-exclusive license to access the Games & Services for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Games & Services and the framing of any content available through the Games & Services, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Cerberus Interactive's sole discretion) an unreasonable or disproportionately large load on Cerberus Interactive infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Cerberus Interactive to prevent or restrict access to the Games & Services. Any unauthorized use by you shall terminate the permission or license granted to you by Cerberus Interactive.
If you accessed or downloaded the Games & Services, also referred to as an App, from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (b) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) ("App Provider"), then you acknowledge and agree that:
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving Games & Services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Games & Services registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Cerberus Interactive has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cerberus Interactive has the right to suspend or terminate your account and refuse any and all current or future use of the Games & Services (or any portion thereof). If you use Games & Services, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or other devices. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Cerberus Interactive immediately of any unauthorized use of your account or any other breach of security. Cerberus Interactive reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
The Games & Services may provide you and other users with the ability to send messages or post content (together, "Postings") to or for other users and non-users. Cerberus Interactive is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Cerberus Interactive may from time to time monitor the Postings on the Games & Services and may decline to accept or remove any Postings. You acknowledge that you are responsible for any Postings you submit through the Games & Services, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through the Games & Services any Posting that:
When buying an item, you agree that:
It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our applicable copyright policies and all relevant and applicable laws, terms and regulations, including without limitation, Title 17 of the United States Code and World Intellectual Property Organization Copyright Treaty.
This section applies whether the services provided under the Games & Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE GAMES & SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CERBERUS INTERACTIVE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MISAPPROPRIATION, INTELLECTUAL PROPERTY VIOLATIONS, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CERBERUS INTERACTIVE DOES NOT GUARANTEE THAT THE GAMES & SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE GAMES & SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT CERBERUS INTERACTIVE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, IN GENERAL AND TO THE EXTENT OUR WEBSITE IS TEMPORARILY DOWN BECAUSE OF THAT CONGESTION OR OVERLOAD. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, ANY SNEAKER, AUTHENTICATION TAG, OR ANY OTHER PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE GAMES & SERVICES BY A THIRD PARTY.
CERBERUS INTERACTIVE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT CERBERUS INTERACTIVE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICES USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY GAMES & SERVICES USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY GAMES & SERVICES USER IN CONNECTION WITH THE GAMES & SERVICES OR ANY USER SUBMISSION, YOU AGREE THAT CERBERUS INTERACTIVE IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. CERBERUS INTERACTIVE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CERBERUS INTERACTIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE GAMES & SERVICES, EVEN IF CERBERUS INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CERBERUS INTERACTIVE FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE GAMES & SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO CERBERUS INTERACTIVE FOR USING THE GAMES & SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You agree to defend, indemnify and hold harmless Cerberus Interactive and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Games & Services; (ii) your Postings; (iii) your interaction with any Games & Services user; or (iv) your violation of these Terms.
TERM AND TERMINATION
These Terms are effective until terminated by Cerberus Interactive or you. Cerberus Interactive, in its sole discretion, has the right to terminate these Terms and/or your access to the Games & Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Cerberus Interactive shall not be liable to you or any third party for termination of the Games & Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Games & Services in any way, your only recourse is to immediately discontinue use of the Games & Services. Upon termination of these Terms, you shall cease all use of the Games & Services. The provisions regarding warranty disclaimers, limitations of liability, and privacy shall survive termination of these Terms.
RELATIONSHIP OF THE PARTIES
You are a purchaser and user of Cerberus Interactive's Games & Services, and Cerberus Interactive is the provider and seller of those Games & Services. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Cerberus Interactive. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Cerberus Interactive.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Cerberus Interactive without restriction or notification to you. Any prohibited assignment shall be null and void.
Cerberus Interactive reserves the right to discontinue or modify any aspect of the Games & Services at any time. These Terms and the relationship between you and Cerberus Interactive shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its principles of conflict of laws. To the extent, if any, that the dispute is not settled completely and finally pursuant to the arbitration above, you agree to submit to the personal and exclusive jurisdiction of the courts located in Austin, Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Cerberus Interactive may seek injunctive relief in any court of competent jurisdiction.
These Terms shall constitute the entire agreement between you and Cerberus Interactive concerning the Games & Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE GAMES & SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please use reasonable judgment when playing our games. Please obey city, county, state, and national laws, including those that prohibit trespassing and regulate vehicles on roads and highways. Enjoy our games responsibly.
If you have any questions or concerns about the Terms for these Games & Services or their implementation, you may contact us at [firstname.lastname@example.org]
Last Updated: Wednesday, 07 November 2018 v0.1.8