TERMS OF SERVICE

Last Modified Date: April 14, 2019

 IMPORTANT - READ CAREFULLY: The terms of this agreement ("Terms of Service") govern the relationship between you and Nappy Cat, LLC, (hereinafter "Nappy Cat" or "Us" or "We") regarding your use of Nappy Cat's website, services, forums, games, applications and related services (collectively, the "Service(s)"). By using the Services you agree to these Terms. If you do not agree to these Terms, do not purchase or use the Services. Use of the Service is also governed by Nappy Cat's Privacy Policy and other relevant policies, which are incorporated herein by reference. 

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 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.

PLEASE REVIEW NAPPY CAT'S PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE

Nappy Cat reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service,  its Privacy Policy and other relevant Nappy Cat policies at any time by posting the amended terms on the Nappy Cat Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Nappy Cat Privacy Policy, or any other Nappy Cat policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. Licence and restrictions​​​

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Nappy Cat policies, Nappy Cat grants you a non-exclusive, non-sublicensable, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not:

(a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services;

(b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Nappy Cat's express written consent;

 

(c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner;

 

(d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information;

 

(e) use any meta-tags or any other "hidden text" utilizing "Nappy Cat," its affiliates, partners or artists without Nappy Cat's express written permission; or

 

(f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, "hacking" the Services, or infringing the intellectual property or other proprietary rights of Nappy Cat or third-parties.

 

Additionally, where the Services are a downloadable game and/or application ("App"), Nappy Cat grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.

The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.

2. Third-party product, services and links​​​

Nappy Cat may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.

The Services may include hyperlinks to other websites over which Nappy Cat has no control. Nappy Cat is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.

3. Access to the services​​​

By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent or guardian, certain features and functionality of the Services may be disabled. Information regarding the use of your personal information can be found in Nappy Cat's Privacy Policy. or in the privacy policy specific to the Service you are using.

You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a Social Networking Service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Nappy Cat does not authorize the use of automated methods to sign up for an Account, and Nappy Cat reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.

 

You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services.

4. In-app purchases​​

A. In-game Virtual Currency and Virtual Items

The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Nappy Cat's sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.

 

Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sub-licensable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.

 

Nappy Cat has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Nappy Cat has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Nappy Cat reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.

Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Nappy Cat may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however, Nappy Cat is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if:

(a) your Account or access to the Services is terminated or suspended for any reason;

(b) you breach these Terms;

(c) Nappy Cat discontinues the availability of the Service; or

(d) you disassociate from the Service.

B. Subscriptions

In some of our games, you may pay a fee for a subscription membership ("Subscription").

 

When you buy a Subscription, you agree to the following:

  • A Subscription fee will be charged to your chosen payment method in the app store of your device's platform ("App Store"). You will be charged the Subscription fee displayed at the time of sale; and

  • Your Subscription will automatically renew for the applicable length of your Subscription until either you or Nappy Cat cancel your Subscription. By way of example, if you buy a 3-month Subscription, the Subscription will automatically renew for another 3-month period (unless either you or Nappy Cat cancels your Subscription).

Cancelling Subscriptions:
To stop automatic renewal of your Subscription and automatic withdrawal of Subscription fees, you must cancel your Subscription within 24 hours before it renews for the length of the next Subscription period. You may cancel your Subscription at any time by managing the subscription settings at your App Store.
 
Other Subscription Terms:
To receive any daily rewards as part of your Subscription, you must open the game that you have the Subscription for. You will not receive rewards for the days on which you did not open the game.

C. Payments for Subscriptions, Virtual Currencies, and Virtual Items

When you pay for a Subscription, Virtual Currencies, and/or Virtual Items, all payments are charged and processed by the App Store (e.g. the Google Play store or the Apple App store), so please review your app store's payment terms for additional payment terms that may apply.

 

You agree that all payments for Virtual Currency, Virtual Items, and Subscriptions are final. No refunds will be given, except in Nappy Cat's sole and absolute discretion.

5. Online content and conduct​​​

The Services may include opportunities, through your Account or SNS, 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 ("Forum(s)") links, writings, photos, graphics, or other material ("Forum Content"). All Forum Content posted by you to any Forum shall be your sole responsibility.

The Forums shall be used only in a noncommercial manner. Nappy Cat has the right, but not the responsibility, to monitor or remove Forum Content that Nappy Cat believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. Nappy Cat in its sole discretion reserves the right to restrict or disable your use of the Forums.

By submitting Forum Content to any Forum, you warrant that you have all necessary rights to submit the Forum Content without any restrictions of any kind, and grant to Nappy Cat a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publicly display and perform, make derivatives works of, sublicense, and distribute all such Forum Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.

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 Nappy Cat or its affiliates, and Nappy Cat is not responsible for the accuracy or reliability of same. Nappy Cat makes no representations or warranties regarding the Forums.

All Forum Content posted by you to any Forum shall be your sole responsibility. You may not:

(a) Use the Services of Forums in any manner which violates applicable laws or regulations;

 

(b) Post or transmit any Forum Content that:

(i) violates a third party's rights or dignity, including any contract, privacy, publicity or intellectual property rights;

(ii) is deceptive, untrue, harassing, libellous, defamatory, abusive, tortious, threatening, harmful, obscene, indecent, hateful, bigoted, racist or pornographic;

(iii) would constitute or encourage a criminal offence;

(iv) contains any viruses, worms or similar software; or

(v) includes personal information about another person without that person's consent;

 

(c) Impersonate or falsely state or represent your identity;

 

(d) Engage in or facilitate the transmission of unsolicited mass mailings, or "spamming";

(e) Distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services;

(f) Collect personal data about others for unlawful, commercial, or any other unauthorized purposes;

(g) Access, or attempt to gain access to, another user's account without authorization;

 

(h) Promote, encourage, or take part in any activity involving hacking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit virtual currency/items;

 

(i) Use any game hacking/altering/cheating software or tools;

 

(j) Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, or otherwise interfere with the Services; or

 

(k) Reverse engineer, decompile, or modify, or attempt to modify, any part of the Service.

 

You understand that you may be exposed to Forum Content and actions from other users that are indecent, explicit, offensive, or which otherwise violates these Terms ("Inappropriate Activity"). You can report actual or suspected Inappropriate Activity to support@nappycat.net. Nappy Cat reserves the right, in its sole discretion, to take any action against Inappropriate Activity that Nappy cat believes to be harmful, offensive, or otherwise violates these Terms. You agree that Nappy Cat will not be liable to you or any third-party in any way for Forum Content, Inappropriate Activity, or for any damage or loss therefrom.

6. Title

Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the "Nappy Cat Content") shall remain in Nappy Cat and/or its suppliers, and are protected by the copyright laws of the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Nappy Cat Content are trademarks, registered trademarks or trade dress of Nappy Cat or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Nappy Cat Content without prior written consent from Nappy Cat.

 

The Services may allow you to create content ("Your Content") that incorporates the Nappy Cat Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Nappy Cat retains all rights, title and interest in and to the Nappy Cat Content. You retain all rights to Your Content; provided, however, that Nappy Cat shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Nappy Cat's use of Your Content.

7. Disclaimer of warranty and limit of liability

NAPPY CAT MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

THE SERVICES ARE PROVIDED "AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, NAPPY CAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE NAPPY CAT SERVICES IS AT YOUR SOLE RISK.

NAPPY CAT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU FURTHER ACKNOWLEDGE THAT NAPPY CAT IS NOT LIABLE, AND YOU AGREE NOT TO HOLD NAPPY CAT LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

8. Indemnification

You agree to hold harmless, indemnify and defend Nappy Cat, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or Services, your use of the Forums and Services, your connection to the Forums and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, Nappy Cat reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

9. Termination

These Terms will automatically terminate if you fail to comply with any term hereof. You and Nappy Cat have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination, you shall immediately discontinue use of the Services. Your obligations under Sections 5, 6, 11, 12, and 14 shall survive any termination.

10. No assignment

 

These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Nappy Cat's express written consent.

11. Arbitration and dispute resolution

If a dispute arises between you and Nappy Cat, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at https://support.nappycat.net/. If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by the state of Illinois law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Nappy Cat must be resolved exclusively by a court located in Chicago, Illinois. If you are a resident outside of the United States, you agree that all disputes between you and Nappy Cat shall be governed by the laws of the United States, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Nappy Cat must be resolved exclusively by a court located in Illinois, United States.

13. Feedback

Nappy Cat does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide Nappy Cat with feedback or other ideas, you agree that Nappy Cat is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.

14. General

These Terms, along with the Privacy Policy, and any other privacy policy applicable to the specific Services you are using, constitute the complete and final agreement between Nappy Cat and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of Nappy Cat. You agree that your breach of these Terms will cause Nappy Cat immediate and irreparable harm and Nappy Cat will be entitled, notwithstanding the arbitration clause set forth in Section 11 above, to seek injunctive relief without the necessity of posting bond. Nappy Cat and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision shall be reformed in that matter only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

Nappy Cat may make changes to the Services, these Terms, or its Privacy Policy from time to time. Nappy Cat will use reasonable efforts to provide you with notice of any material changes. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Services, these Terms, or the Privacy Policy. Nappy Cat may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third-party of Nappy Cat's choosing. These Terms will inure to the benefit of and be binding upon Nappy Cat's respective successors and assigns.

CONTACT US. If you have questions regarding these Terms, please contact us at:

Nappy Cat
Attn: Terms of Use 
E-mail: 
info@nappycat.net 
Phone Number: 
+1 312 488 0238

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© 2019 NAPPY CAT, LLC. ALL RIGHTS RESERVED.

All trademarks referenced herein are the properties of their respective owners.