Terms and Conditions
These Terms and Conditions of Use (the “Agreement”) are between you and Perk Mobile Inc. (the “Company”). In consideration of the right to access and participate in the Mobile Dead interactive game (the “Game”), and to receive the Services offered through the Game, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 13 years of age.
This Agreement applies to the Game and Services (as described below) currently offered by the Company, its subsidiaries and affiliates (together, "Perk Mobile") and any services that Perk Mobile may choose to offer in the future (unless stated otherwise).
The Game and the Services are available only to, and may only be used by individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 14) or to any user who has been suspended from the Game, whose use has been restricted for any reason or whose registration has been revoked. If you are under the age of 14 or otherwise do not qualify, please do not access the Game or use the Services at any time or in any manner. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms and Conditions.
Mobile Dead. "Mobile Dead" is a multi-user, location based game designed specifically for use on mobile devices. The Game includes the software provided to you by Perk Mobile and the interactive features that support the service, including without limitation: the server computation, software access, messaging and protocols that generate the Game (the “Servers”), the software that is provided by Perk Mobile and installed on the device you use to access the Game and thereby view or otherwise access the Game environment (the "Device"), and application program interfaces provided by Perk Mobile to you for use with Game (the "APIs"). The Servers, Device, APIs, and any other Perk Mobile software collectively constitute the "Game" as used in this Agreement. Through the Game, you may be able to review Content (as defined herein), upload and download files, register for membership, purchase products, sign up and pay for goods and services, communicate and establish relationships with other users, and post information, opinions and comments (together, the “Services”).
Perk Mobile reserves the right to change, suspend and discontinue any aspect of the Game or Services at any time including, but not limited to, the nature of the services offered, databases, rules, and software needed for access or use. Notwithstanding anything herein to the contrary, Perk Mobile reserves the right to permit or restrict access to any user in it its sole discretion.
Game Content. The Game may include information and content including, but not limited to, text, data, software applications, commentary, advertisements, graphics, illustrations, calendars, designs, reviews, video and audio files, maps, programs, code, and photos, in addition to User Generated Content (as defined herein) (collectively, "Content"), that is owned or licensed by Perk Mobile. The Game may also include materials owned by third parties and included in the Game by virtue of a license, grant or some other form of agreement between the third party and Perk Mobile. When used in these Terms and Conditions, "we", “us” and "our" mean Perk Mobile.
You acknowledge that Perk Mobile is a service provider that may allow people to interact online regarding topics and content chosen by users of the Game. Perk Mobile generally does not regulate the content of communications between users or users' interactions with the Game. As a result, we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Game. Perk Mobile does not make any representations as to the accuracy or completeness of Content or assume any liability for any loss that may result from the reliance by any person upon any Content we provide.
You are solely responsible for your interactions with other users on and through the Game. Perk Mobile reserves the right, but has no obligation, to monitor disputes between you and other users. In the event a dispute arises between you and Perk Mobile or any third party, please e-mail the Company at email@example.com and we will work quickly towards a resolution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Profiles and Messaging. Perk Mobile offers original and third party information on the Game. You may be invited to provide custom screen names, icons, and profile information created by you (together, “Profile Information”); and you may be permitted to comment on, post, transmit or submit messages, ideas and other materials, which may include uploading files, inputting data, providing personal information, submitting opinions or engaging in any form of communications that you submit, post and display on the Game or through the Services (collectively, "User Generated Content") to other Game users, bulletin boards and public areas within or in connection with the Game or in connection with the Services provided hereunder (collectively "Forums").
Certain portions of this Game may offer you the ability to send (by e-mail or otherwise) messages directly to the Company or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems.
Perk Mobile does not endorse and has no control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Game is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. If at any time the Company chooses, in its sole discretion, to monitor the Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content. The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials on the Game. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that Perk Mobile shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of this Game and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user’s personal use.
Ownership and Use of Content. All of the Content is owned or licensed by Perk Mobile and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Perk Mobile. Please contact us at firstname.lastname@example.org with any licensing inquiries.
By providing your Profile Information and/or User Generated Content or engaging in any form of communication on or through the Game, you hereby grant the Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any User Generated Content which you may provide. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Generated Content. By submitting User Generated Content, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign or license to the Company all rights, title and interest as set forth herein in and to such User Generated Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Company in connection with such User Generated Content.
You agree to release Company, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Game, the Forums or the Services. If at any time you are not happy with the Game or the Services or object to any Content, your sole remedy is to cease using the Game.
Limitation of Use. You agree that you will neither post information nor submit User Generated Content that:
• is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• violates the copyright, trademark or other intellectual property rights of any other person or Perk Mobile;
• is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
• imposes an unreasonable or disproportionately large load on the Game’s infrastructure;
• is for the purpose of spamming or for aggressively promoting goods or services without our prior authorization;
• is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
• contains any virus, Trojan horse, worm, time bomb, cancelbot, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
• is libelous or invasive of privacy or publicity rights or any other third party rights;
Furthermore, you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Game, including collecting user names or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Perk Mobile, the Game, or its users; or (iii) submit unwanted messages by e-mail or otherwise (“Spam”) or post User Generated Content that disparages or insults any user.
The Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
(a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Game are covered by a single notification, a representative list of such works);
(c) Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Game;
(d) The name, address, telephone number, and email address of the complaining party;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
(f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent to:
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
Trademarks and Characters. Perk Mobile and third party trademarks and service marks may or may not be designated as such from time to time on the Game through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Game, whether or not designated by such symbols, including, but not limited to, as metatags or in any other fashion without the express prior written permission of the Company.
All characters, likenesses and names provided through the Game are fictitious or used solely for the purposes of comment or parody, without the authorization or endorsement of such third parties. No sponsorship, support, endorsement or affiliation should be inferred or is implied by our use of any character, name or likeness in the Game.
Payment for Goods and Services. In the event you elect to use paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges, set out at the point of sale. Perk Mobile may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.
Registration and Security. Except for those Services to which Perk Mobile allows you to access without registration, you must establish an account (your "Account") to use the Game. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Info") and maintain and promptly update the Registration Info to keep it true, accurate, current and complete. You hereby authorize Perk Mobile, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Info. Perk Mobile reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Perk Mobile cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
In connection with your Account, you may establish or otherwise receive from Perk Mobile user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Game. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that neither Perk Mobile nor the Company is under any duty to inquire as to the authority or propriety of any instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Perk Mobile shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Perk Mobile harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the website. Perk Mobile reserves the right to block access to the Game for any reason. You also agree to immediately notify Perk Mobile if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes.
For your protection, Perk Mobile may require the use of encryption technologies for certain types of communications conducted through the Game. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted between you and Perk Mobile or between you and any user is secure, or that such transmissions will be free from delay, interruption, interception or error.
Availability. Not all of the products and Services offered through the Game are available in all geographic areas, and we reserve the right to restrict any user from purchasing any product or receiving any Service or otherwise participating in the Game at any time, without notice. The Game is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Perk Mobile or its affiliates to any registration requirement within such jurisdiction or country.
NO WARRANTY. THE SERVICES, CONTENT AND GAME ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE SERVICES AND THE GAME AND ALL THEIR CONTENTS IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GAME OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE GAME OR SERVICES.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE ON THE GAME, OR ANY OTHER GAME TO WHICH IT IS LINKED, AND ALL OPERATIONS OF THE GAME AND THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
NO LIABILITY. IN USING THE GAME AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD PERK MOBILE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE GAME, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED GAME) OR OTHERWISE RELATING TO OR ARISING OUT OF THE GAME, EMAIL, FORUMS, THE SERVICES OR YOUR USE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. PERK MOBILE SHALL NOT BE LIABLE EVEN IF PERK MOBILE OR AN AUTHORIZED REPRESENTATIVE OF PERK MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF PERK MOBILE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE GAME OR THE SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO PERK MOBILE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY.
Term & Termination. The term of this Agreement shall commence when you first visit the Game, view the Content or use the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. Perk Mobile may, with or without cause, immediately terminate this Agreement without notice, and deny you access to the Game and/or the Services in its sole discretion. Without limiting the foregoing, Perk Mobile has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that Perk Mobile, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Game and/or use the Services. Without limiting any other rights Perk Mobile has, you understand and acknowledge that Perk Mobile, in its sole discretion, may pursue legal and/or equitable relief against you if you breach or threaten to breach these Terms and Conditions.
Changes. The Content and these Terms and Conditions are subject to change and updating by Perk Mobile and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of the Game constitutes your acceptance of any change or update, all of which shall become controlling when posted.
General. These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Game, including the fees associated with the equipment necessary to access the Internet and the fees charged by your internet service provider.