Terms of Service

Last updated: 4/23/2013, v.2.0

1. Terms and Agreement

By downloading, installing or otherwise accessing one of Maugdog Incorporated's (hereinafter "Maugdog", "us", or "we") web sites or applications ("Service", "Services", "apps", or "games"), you are agreeing to be bound by these Terms of Service ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, then do not download, install, or otherwise access any of Maugdog's Services. The materials contained in Maugdog's Services are protected by applicable copyright and trade mark law.

2. Privacy Policy

Use of Maugdog's Services is also governed by Maugdog's Privacy Policy, referenced herein. By accessing or using any of Maugdog's Services, you agree to these Terms and the use and storage of your information as outlined in Maugdog's Privacy Policy.

3. Updates to the Terms of Service and Privacy Policy

Maugdog reserves the right, at its discretion, to modify, add, or remove portions of these Terms of Service and its Privacy Policy at any time by posting such changes on this site. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise expressly stated, all amended terms shall automatically be effective immediately when posted.

4. Account Registration and User Data

Under some circumstances you may opt to register to play our games through the Service by creating an account (the "Account"). As part of this registration process, you may be asked to provide information about yourself. 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, Maugdog has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.

You understand that the Service may use your user ID number, username, name, and/or profile picture for public display to other users for identification purposes. This includes but is not limited to features like leaderboards, achievements, and multiplayer participant identification.

It is your sole responsibility to maintain the confidentiality of your Account. You are fully responsible for all activities that occur under your Account with or without your knowledge and you agree to notify Maugdog immediately upon becoming aware of any unauthorized use or breach of security related to your Account.

5. Grant of Limited License and Restrictions

Maugdog grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

By "purchasing" or "earning" virtual currency or other in-game virtual items (together with virtual currency, "Virtual Items") you do not in fact "own" them. Nor does the amount of any Virtual Item refer to any credit balance of real currency or its equivalent. Rather, these terms are only being used as shorthand and you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment. Any "virtual currency" balance shown in your account does not constitute a real-world balance or necessarily reflect any stored value, but instead constitutes a measurement of the extent of your license.

The following restrictions apply to the use of the Service:

  1. You shall not create an Account or access the Service if you are under the age of 13
  2. If you are under the age of 18, your legal guardian must review and agree to these Terms of Service
  3. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account
  4. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal or Facebook Credits) by minors
  5. You shall use your Account only for non-commercial purposes
  6. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including but not limited to chain letters, junk e-mail or repetitive messages (e.g. spam)
  7. You shall not use your Account to engage in any illegal conduct

6. Virtual Goods and Currency

Maugdog owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including but not limited to any and all Virtual Items.

Transfer of Virtual Items is prohibited unless otherwise expressly authorized by Maugdog in writing. Furthermore, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real currency, or exchange Virtual Items for value of any kind outside of the Service without Maugdog's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

7. User Content

Some features of the Service may enable you and other users to create, post, transmit or otherwise distribute communications, content and materials (including but not limited to text, images, and personally identifiable information), by making the foregoing available to Maugdog and other users of the Service whether via direct or indirect interaction with the Service or portions thereof (collectively, "User Content"). Maugdog has no obligation to accept, display, review, maintain or otherwise exploit any User Content. You understand that User Content provided by you ("Your Content") is not confidential and further understand that Your Content will not be returned to you. You represent and warrant that Your Content is original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Service without Maugdog incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Maugdog does not claim any ownership rights in Your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit Your Content. Maugdog has no obligation to monitor or enforce your intellectual property rights in or to Your Content.

All User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Maugdog has no obligation to review, or otherwise monitor any User Content for accuracy, validity, legality, decency, integrity or any other quality. You further understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, or objectionable to you in some way. Maugdog 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 incurred as a result of the use of such User Content. You bear all risks associated with the use of any User Content available in connection with the Service.

Notwithstanding the foregoing, Maugdog reserves the right to review, monitor, censor, alter, delete, or otherwise make unavailable any User Content without notice for any reason. You may report any User Content that you believe violates these Terms of Service, or other inappropriate user behavior, to violations@maugdog.com.

You hereby grant to Maugdog a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose Your Content via the Service or by any other means. You also hereby grant to Maugdog the right to sublicense and authorize others to exercise any of the rights granted to Maugdog under these Terms of Service. 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 a manner not agreeable to you.

8. Disclaimer

The materials on Maugdog's web site are provided "as is". Maugdog makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Maugdog does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of its Services or otherwise relating to such materials or on any sites linked to or from its Services.

9. Limitations

In no event shall Maugdog or its service providers be liable for any damages (including but not limited to damages for loss of data or profit) arising out of the use or inability to use Maugdog's Services, even if Maugdog or a Maugdog authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

10. Revisions and Errata

The materials appearing in Maugdog's Services could include technical, typographical, or photographic errors. Maugdog does not warrant that any of the materials in its Services are accurate, complete, or current. Maugdog may make changes to the materials contained in its Services at any time without notice. Maugdog does not, however, make any commitment to update the materials.

11. Links

Maugdog has not reviewed all of the sites linked to or from its Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Maugdog of the site. Use of any such linked web site is at the user's own risk.

12. Indemnification

You agree to indemnify, defend and hold Maugdog, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, including legal fees and expenses, due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your Account) submit, post or transmit through the Service, (2) your use or misuse of the Service, (3) your violation of these Terms of Service, and (4) your violation of any rights of any other person or entity. Maugdog reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with Maugdog to defend these claims.

13. Governing Law

Any claim relating to Maugdog's Services shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.

14. Force Majeure.

Maugdog shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform hereunder due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.