Terms Of Service
Last modified: May 23, 2018
About GameHouse's Terms
Please read these Terms of Service carefully before accessing products and services offered by GameHouse, the games division of RealNetworks, Inc. GameHouse offers products and services (jointly "Services") through GameHouse.com, Zylom.com, mobile application stores, such as Google Play Store and Apple App Store, and other third-party websites and platforms. These Terms of Service govern your use of Services when these Terms of Service are posted where you access, download or otherwise use our Services. In these Terms of Service, GameHouse.com and Zylom.com will be jointly referred to as the "Website." Mobile applications will be referred to as "GameHouse Original Stories."
These Terms of Service are a legal agreement between you ("You" or "Your") and RealNetworks, Inc. ("GameHouse," "Our" or "We"). By clicking on the "Accept" button or downloading, accessing or otherwise using our Services, You agree to be bound by these Terms of Service and the terms and conditions incorporated by reference, including all rules, regulations, policies, and guidelines, as may be applicable for the use of the Services (collectively, the "Agreement"). If You do not agree to this Agreement, then You must not access, download or otherwise use the Services.
THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION AND DISPUTE RESOLUTION PROCESS WHICH CAN BE ACCESSED BY clicking here. PLEASE READ THESE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS CAREFULLY AS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND GAMEHOUSE IS RESOLVED IS GOVERNED BY THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS, INCORPORATED HEREIN BY REFERENCE.
1. Registering Your Account and Using Our Services
1.1 Certain Services require that You register an account with GameHouse. By registering an account with GameHouse, You agree to provide GameHouse with correct and complete information about You and to keep that information up-to-date. You are solely responsible for maintaining the confidentiality of Your password, username and any activities that occur under Your account. GameHouse reserves the right to terminate Your access to Services and/or Your GameHouse account for any reason, including any activity that occurs with respect to Your GameHouse account that violates these Terms of Service.
1.2 You may not have more than one account or access the Services through more than one social networking site ("SNS") at any given time.
1.3 By accessing the Services You represent that (i) You are at least 18 years old and (ii) if You are between the ages of 13 and 18 years old (or if you are in the European Union between ages of 16 and 18) You have consent from a parent or legal guardian who has read and agreed to this Agreement. If You are under the age of 13 (or under the age of 16 if you are in the European Union), do not use the Services. In any event You affirm that You are over the age established by the law of Your country requiring the consent of a parent or guardian to enter into this Agreement and if You are under such age, You may not use the Services.
1.4 You may not rent, lease, sell, trade, gift, bequeath or otherwise transfer accounts without GameHouse's written permission.
1.5. Certain Services offerings are contingent on Your payment of fees, either one-time fees or recurrent subscription fees (collectively "Fees"). These Fees will be disclosed at the initial sign-up for such Services. You must provide GameHouse with a current, valid, accepted method of payment (which may be updated from time to time, "Payment Method") to use such Services. One-time fees will be billed at the time of purchase, while subscription fees will be charged on a recurring basis (e.g., weekly, monthly, quarterly or annually) for the applicable subscription period, according to the applicable Service offering until You cancel Your subscription. You may cancel Your subscription at any time by logging into Your Account ("Account") and selecting the "Cancel my Subscription" option. You may also cancel Your subscription by contacting GameHouse at email@example.com. All payments are non-refundable, and there are no refunds or credits for partially used subscription periods. In the event you cancel your subscription before the expiration of the subscription period, GameHouse will not refund any remaining portion of Your Fees, including any minimum commitments already billed to Your account or recurring billing required to fulfill the current subscription period. To ensure that Your Payment Method will not be charged for Your next billing/subscription period, You must cancel Your subscription no later than two days before Your next scheduled billing/subscription period begins. Once You have canceled Your subscription, You will be able to access the Services and play any of the games that You have accessed through the Services until the end of Your applicable subscription period. However, once Your cancellation is effective, You will no longer have access to such Services, and You will no longer be able to play any of the games which You have accessed through such Services. GameHouse will either refund or credit Your account, at GameHouse's discretion, in the event that a disruption of GameHouse's service prevented You from making use of Your Services under Your Account in good standing.
1.6 For any Services offered via GameHouse.com, You can find specific details regarding Your GameHouse account, including any free trial periods, by clicking on the "My Account". We reserve the right to modify, terminate or otherwise amend Our offerings, including subscription plans.
1.7 You agree to notify GameHouse about any billing problems or discrepancies within 90 days after they first appear on Your account statement. If You do not bring them to GameHouse's attention within 90 days, You agree that You waive Your right to dispute such problems or discrepancies.
1.8 When GameHouse Services are offered through third-party platforms, such as Apple App store or Google Play, your payments, billing and cancellations will be governed by the terms and conditions of the third-party platforms. GameHouse is not responsible for the billing, cancellations, or refunds relating to such third-party platforms and You must contact the applicable third-party platforms for such inquiries. For GameHouse Original Stories mobile applications, you may cancel your subscription through Your account on the Google Play Store, Apple App Store or wherever you purchased the subscription.
1.9 From time to time GameHouse may offer free game plays or free trial periods (collectively "Free Trial Period") followed by a paid subscription. If a Free Trial Period is offered, the Free Trial Period and the paid subscription period shall be specified at the time You sign up. Free Trial Periods are offered by GameHouse only on a promotional basis and GameHouse reserves the right, in its absolute discretion, to determine Your free trial eligibility.
1.10 At the expiration of the Free Trial Period, provided to You at the sole discretion of GameHouse, You will be billed the recurrent fee (e.g., weekly, monthly, quarterly or annually), unless You cancel prior to the end of the Free Trial Period. However, if You did not provide a Payment Method when signing up for the Free Trial Period, You must provide a Payment Method before You can re-access the Services after the expiration of the Free Trial Period.
2 Virtual Items
2.1 Certain Services may provide you the opportunity to license virtual items, such as virtual diamonds, virtual goods or other virtual currency ("Virtual Items") that can be used within the Services. You may be required to pay a fee to obtain Virtual Items.
2.2 You have no property interest in any Virtual Items. With regard to any Virtual Items purchased or accumulated, You are only provided a limited, non-transferable, revocable license to use those Virtual Items within the applicable Services. Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, through any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Services. Virtual Items cannot be refunded or exchanged for cash or any other tangible item.
2.3 GameHouse may manage, regulate, control, modify or eliminate your Virtual Items at our sole discretion, and GameHouse will have no liability to You or anyone for exercising that discretion.
2.4 All Virtual Items are unconditionally forfeited if your account is terminated or suspended for any reason, at our sole discretion, or if GameHouse discontinues the applicable Services or any portion or feature relating to Virtual Items.
2.5 GameHouse has no liability for hacking or loss of Your Virtual Items. GameHouse has no obligation to you, and will not reimburse You, for any Virtual Items lost due to Your violation of these Terms of Service.
3 Modifying Services and Fees
3.1 GameHouse may revise the terms of this Agreement, including but not limited to applicable Fees or content and nature of the Services, upon notice to You of any revisions. If GameHouse modifies this Agreement, You may terminate Your use of the Services.
3.2 GameHouse may also terminate this Agreement and the Services at any time upon notice to You. If either of these events occur, You will be entitled to receive the Services for any period for which You have already paid or a pro-rata refund, determined at the sole discretion of GameHouse.
3.3 GameHouse may provide notice by email or by publishing the changes on our Website. You acknowledge and agree that either notice by email or publishing the notice on our website constitutes sufficient notice.
3.4 If you fail to comply with any of the terms of this Agreement, this Agreement will automatically and immediately terminate without a requirement for GameHouse to provide You with notice to effectuate this termination.
3.5 Once termination has occurred under this Agreement by either You or GameHouse, You shall immediately discontinue use of the Services. Your obligation to pay accrued charges shall survive any termination of this Agreement.
3.6 GameHouse reserves the right to adjust the Fees or any components thereof, in any manner and at any time as We may determine at Our sole and absolute discretion. Except, as otherwise expressly provided for in this Agreement, any Fee changes to Your Services will take effect following email notice to You.
4 Grant of License for the Services
GameHouse grants to You a non-exclusive, limited, revocable, non-transferable license to use the Services and any related documentation ("Documentation") for Your personal, non-commercial use.
5 License Restrictions
5.1 You may not: (i) permit other individuals to use the Services except to the extent permitted under the terms of the Agreement; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works or bogus high scores based upon the Services or Documentation; (iii) copy the Services or Documentation (except for back-up or archival purposes); (iv) rent, lease, or otherwise transfer rights to the Services or Documentation; (v) abuse the Payment Method so that You do not complete payment or recall payment for the Services or any game(s) You have downloaded, regardless of whether or not You have accessed the Services or played said game(s); or (vi) remove any proprietary notices or labels on the Services or Documentation.
5.2 You agree that You shall only use the Services and Documentation in a manner that complies with all applicable laws in the jurisdictions in which You use the Services and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
5.3 You may only use the Services for Your private, non-commercial use. You may not use the Services in any way to provide, or as part of, any commercial service or application. Copies of content files, including, but not limited to, game executables, associated game files, or other game-related information which are downloaded, copied, or played using the Services, and which are protected by the copyright laws or related laws of any jurisdiction, are for Your own personal use only and may not be distributed to third parties or performed outside Your normal circle of family and social acquaintances.
5.4 You may not use the Services in, or in conjunction with, any device, program, service, or attempt to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
6 Online Conduct
6.1 The Services may include opportunities to chat or participate in blogs, message boards, online forums and other functions that provide You with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world ("Forums") links, writings, photos, graphics, or other material ("User Content").
6.2 You may have to sign into your GameHouse account to access our Forums. GameHouse reserves the right to suspend or terminate Your Account at any time at Our full discretion. GameHouse also reserves the right to refuse You future use of the Forums.
6.3 All User Content posted by You to any Forums shall be Your responsibility. You shall not use the Services in any manner that violates applicable laws or regulations. You may not, and agree not to, post or transmit any User Content that violates a third party's rights or dignity, including any contract, privacy, publicity or intellectual property rights; is deceptive, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful, obscene, indecent, hateful, bigoted, racist or pornographic; would constitute or encourage a criminal offense; contains any viruses, worms or similar software; or includes personal information about another person without that person's consent.
6.4 You agree to not impersonate or falsely state or represent Your identity.
6.5 You agree not to engage in any activity that in any way disrupts, limits or destroys any events, tournaments, point generation, software, hardware, servers, networks, or other equipment.
6.6 You agree not to use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information or signing up for accounts on Forums or Websites. You agree not to engage in or facilitate the transmission of unsolicited mass mailing or "spamming."
6.7 The Forums shall be used only in a non-commercial manner. You shall not, without GameHouse's express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services. You agree not to collect personal data about others for unlawful or commercial purposes.
6.8 By submitting User Content to any Forums, You grant, or warrant, that all owners of any such User Content have expressly granted to GameHouse and its affiliates a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publically display and perform, and distribute all such User Content and/or to incorporate such materials in other works in any form, media, technology now known or later developed, including (i) to make or have made derivative works of any User Content, (ii) to use the name and likeness of any person mentioned or included in such User Content in connection with any use of the User Content and any derivative works, and (iii) to license and sublicense to third parties, sell, rent, lease, or lend User Content and any derivative works; all without expectation of compensation, other than the right to access and use the Services pursuant to the Agreement.
6.9 GameHouse and its affiliates shall have the right, but not the responsibility, to monitor or remove User Content that GameHouse believes to be harmful, offensive, or otherwise in violation of the Agreement, without liability to You.
6.10 You understand that You may be exposed to User Content that is indecent, explicit, offensive, or otherwise violates the Agreement. GameHouse or its affiliates provide account holders with the ability to flag such User Content. We encourage You to take advantage of this ability to flag User Content. You agree that GameHouse and its affiliates will not be liable in any way for User Content or for any damage or loss therefrom.
6.11 Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties in the Forums, are those of the respective authors and not of GameHouse or its Affiliates. GameHouse and its Affiliates are not responsible for the accuracy or reliability of same. GameHouse and its Affiliates make no representations or warranties regarding the Forums.
7 Software Enhancements
This Agreement does not grant You any right to any enhancement or update that may be available for any of the Services.
8 Beta or Other Pre-Released Versions
8.1 If the Services or any games provided through the Services are a beta, alpha or other pre-release version ("Pre-release Software"), the terms of this Section shall apply.
8.2 Your license to use the Pre-release Software expires 45 days after installation (or such other period as indicated by the Pre-release Software) after which the Software may cease to function.
8.3 The Pre-release Software You are receiving may contain more or fewer features than the commercial release of the Services that GameHouse intends to distribute. While GameHouse intends to distribute a commercial version of the Pre-release Software, GameHouse reserves the right at any time not to release a commercial release or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.
8.4 You agree that the Pre-release Software is not suitable for production use and may contain errors affecting its proper operation. You agree that You will not do anything to circumvent or defeat the features designed to stop the Pre-release Software from operating after the license expires.
9 Digital Rights Management Systems ("DRMs")
9.1 The Services may include a DRM from GameHouse or third-party DRMs as plug-in components which are subject to their own license agreements. DRMs are designed to manage and enforce intellectual property rights in the purchased digital content. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the Services.
9.2 DRMs may be able to revoke Your ability to use relevant content, which may include a license update from the GameHouse or third-party DRM based on communication with the applicable licensing service. GameHouse is not responsible for the operation of a third-party DRM in any way, including revocation of Your content. GameHouse is not responsible for any communications to or from any third-party DRM provider, or for the collection or use of information by third-party DRMs.
9.3 You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM without further notice. You agree to indemnify and hold harmless GameHouse for any claim relating to Your use of a third-party DRM.
9.4 You acknowledge and agree that in order to protect the integrity of certain third-party content, GameHouse or its suppliers and licensors may provide for the Services security-related updates that will be automatically downloaded and installed on Your computer. Such security-related updates may impair the Services (and any other software on Your computer which specifically depends on the Services) including disabling Your ability to copy and/or play "secure" content, i.e. content protected by DRM. In such an event, GameHouse and/or its suppliers and licensors shall use reasonable efforts to promptly post notices on the GameHouse website explaining the security update and providing instructions to end users for obtaining new versions or further updates of the Services that restore access to secure content and related features. GameHoue shall have no liability in connection with any damages resulting from the security-related updates, unless the end user proves the intent or gross negligence of GameHouse.
9.5 The Services may consist of an online game manager application ("Games Manager") that will be installed on Your machine along with a downloadable game. By installing and/or using the Services, You consent to the installation of the Games Manager and its communications with GameHouse's servers. The Games Manager will communicate with the DRM and the Website to access and provide You with information regarding Your previous downloadable game installs and the status of trials.
GameHouse and/or its Suppliers shall retain all right, title and interest in and to the Services and including the Website, downloadable games, and Documentation. The Website is protected by the applicable copyright laws. The title, ownership rights and intellectual property rights in and to the content accessed through the Services, including the content contained in the Website media demonstration files and any third-party content, shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives You no rights to such content.
11 Disclaimer on Warranties and Limitation of Liability
11.1 THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EXCEPT AS PROVIDED BELOW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMEHOUSE FURTHER DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. GAMEHOUSE MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE SERVICES AND DOCUMENTATION BEING ACCURATE, UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED, HOWEVER GAMEHOUSE WILL REPAIR OR REPLACE, AT GAMEHOUSE'S OPTION, DEFECTIVE SERVICES.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMEHOUSE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF GAMEHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THE END USER PROVES THE INTENT OR GROSS NEGLIGENCE OF GAMEHOUSE. GAMEHOUSE'S TOTAL LIABILITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE FEES YOU PAID FOR THE SERVICES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12.1 Services are intended for use only with properly licensed media, content, and content creation tools. It is Your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content.
12.2 You agree to download, install, and play only those materials for which You have the necessary patent, copyright, and other permissions, licenses, and/or clearances.
12.3 You agree to hold harmless, indemnify and defend GameHouse, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of, or relating to (i) any claims that You have viewed, downloaded, installed, copied or transmitted. (ii) any materials (other than materials provided by GameHouse) in connection with the Services in violation of another party's rights or in violation of any law, or (iii) any violations of the terms of this Agreement.
13.1 This Agreement will automatically and immediately terminate if You exceed the bounds of the license grant, circumvent or defeat DRM, or infringe the intellectual property rights of GameHouse or of a third party that provides content for the Services.
13.2 No notice shall be required from GameHouse to effect such termination.
13.3 You may terminate this Agreement at any time by notifying GameHouse in writing of termination. Upon any termination of this Agreement, You shall immediately discontinue use of the Services, not including any downloadable game You have purchased on a permanent basis.
13.4 Your obligation to pay accrued charges and obligation to indemnify shall survive any termination of this Agreement.
14 No Assignment
This Agreement is personal to You, and may not be assigned without GameHouse's express written consent.
15.1 From time to time, GameHouse may send You emails describing the latest content and how to get access to content. You may opt out of these emails by going into your Account settings or by clicking on the opt-out link in the email that you receive from GameHouse.
15.2 Even if you opt-out of emails regarding our latest content, You may continue to receive emails relating to the Services provided under this Agreement that we deem important, such as a change to the Fees. If You do not want to receive these emails either, You may cancel the Services at any time as provided in this Agreement.
16 Applicable Law and Arbitration
PLEASE CLICK HERE TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS, INCORPORATED HEREIN BY REFERENCE. READ THOSE PROVISIONS CAREFULLY. THEY AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND REALNETWORKS IS RESOLVED.
17 Complete Agreement
17.1 This Agreement and its Exhibits and any documents referenced herein shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by You, whether formally rejected by GameHouse or not. The acceptance of any purchase order You place is expressly made conditional on Your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by You except in writing duly signed by You and an authorized representative of GameHouse.
17.2 If any provision of this Agreement is held to be unenforceable or void for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and valid, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
17.3 This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.