Last updated: June 2011
Welcome to Itzy Interactive. We welcome you to try our demos which may be accessed by you for play through your social networking services account subject to the following Terms of Service. Please read them carefully. Your use of Itzy Interactive’s Demos constitutes your acceptance of these Terms of Service. Itzy Interactive may modify these Terms of Service from time to time in its sole discretion.
LIMITED LICENSE TO USE; OWNERSHIP
Unless otherwise specified, Itzy Interactive Apps, virtual currency, virtual items, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software contained in our Applications (collectively the “Materials”) are the property of Itzy Interactive, and are protected by Canadian and international copyright, trademark and other relevant intellectual property and proprietary rights laws.
You may access and use these Apps and the Materials only for your personal and non-commercial use.
Except as expressly authorized by Itzy Interactive in writing, or to the extent expressly permitted by law, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute or otherwise use the Apps or the Materials for any other purpose.
You may not link to or frame the Apps or the Materials or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Itzy Interactive without obtaining Itzy Interactive’s express written consent.
You may not use any meta tags or any other “hidden text” utilizing Itzy Interactive’s name or trademarks without the express written consent of Itzy Interactive. Any unauthorized use terminates the permission or license granted by Itzy Interactive.
This grant of limited license is conditioned upon your agreement to and compliance with all of the provisions of these Terms of Service.
TERMINATION OF ACCESS
You agree that Itzy Interactive, in its sole discretion and for any or no reason, may terminate, modify, delete or suspend your access to the Apps, or any part thereof, with or without notice to you. In the event of termination of your access by reason of such an event, all virtual currency, virtual items and any unused special in-game features or other aspects of your account will be forfeited.
SUBMISSIONS
“Submissions” means any of your creative ideas, suggestions or proposals for the Apps or other Itzy Interactive products or services. While Itzy Interactive wants to hear from its customers regarding their experiences with our products, Itzy Interactive does not accept for review or consider any unsolicited Submissions. The purpose of this policy is to avoid future misunderstandings that may occur if an idea that is submitted is identical or similar to one being used or developed by Itzy Interactive or another company. Therefore, Itzy Interactive requests that you please do not submit unsolicited Submissions through or on the Apps or otherwise to Itzy Interatvie.
If you do make such an unsolicited Submission , despite our request that you not do so, you acknowledge that (i) such Submission is not being made in confidence or trust, (ii) you have no expectation of compensation or consideration of any kind, and (iii) you grant, or warrant that the owner of any such Submission has expressly granted, to Itzy Interactive a worldwide, royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, translate, publish, distribute, perform, prepare derivative works of and otherwise fully exploit such unsolicited Submission without any liability whatsoever.
You further represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) your Submissions are not false or misleading and do not and will not infringe any right of any third party.
OTHER SITES
Other websites, including but not limited to, any social networking site through which you accessed the Apps, or any third party content which frames or is linked from the Apps, are not under Itzy Interactive’s control and Itzy Interactive does not assume any responsibility or liability for any communications or materials available at such third party linked sites.
ELECTRONIC COMMUNICATIONS
When you access the Apps or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you through your social networking service account (if permitted by your social networking service), by e-mail (if you provide your e-mail address to us or if you allow your social networking service to do so on your behalf) or by posting notices on the Apps. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARKS
The Itzy Interactive logo and all other trademarks are owned by Itzy Interactive or its licensors and may be registered in some countries. Other company and product names appearing on this website may be trademarks of their respective owners and are used for the benefit of those owners.
EXPORT AND IMPORT COMPLIANCE
Your use of these Apps and the Materials may be subject to the export and import laws of Canada and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you represent that you are not (i) located in a country to which Canadian–origin software may not be exported or re-exported, or (ii) identified on any government export exclusion list, nor will you transfer or release these Apps or any other Materials made available for download from Itzy Interactive to these countries or any parties identified in violation of these laws.
DISCLAIMER OF WARRANTIES
THESE APPS AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ITZY INTERACTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE APPS OR MATERIALS INCLUDED ON OR DOWNLOADED FROM THESE APPS. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE APPS AND THE MATERIALS ARE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH INFORMATION, CONTENT, MATERIAL OR PRODUCTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ITZY INTERACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. ITZY INTERACTIVE DOES NOT WARRANT THAT THESE APPS, THE MATERIALS, OR E-MAIL SENT FROM ITZY INTERACTIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
ITZY INTERACTIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE APPS OR THE MATERIALS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF ITZY INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are an individual consumer, the preceding provision in limitation of liability may not apply to you. Instead, Itzy Interactive will be liable to you only for the direct and actual damages to you and not be liable for any indirect, incidental, punitive and consequential damages, even if Itzy Interactive has been advised of the possibility of such damages.
INDEMNIFICATION
You agree to indemnify and hold harmless Itzy Interactive, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of these Terms of Service, misuse of these Apps, or your violation of applicable law, rule, regulation or third party right.
FORCE MAJEURE
Itzy Interactive shall not be liable for any delay or failure to perform resulting from fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, war, insurrection, riot, act of God or the public enemy, law, act, order, proclamation, decree, regulation, ordinance, or instructions of any government or public authorities, or any other event outside of Itzy Interactive’s reasonable control.
APPLICABLE LAW
These Terms of Service are governed by and construed in accordance with the laws of Canada, excluding its conflict of laws rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action hereunder shall lie exclusively in the provincial and federal courts located in Edmonton, Alberta Canada and you hereby consent and submit to the personal jurisdiction of such courts.
GENERAL
No delay or failure to take action under these Terms of Service shall constitute any waiver by Itzy Interactive of any provision of these Terms of Service. If any provision of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. These Terms of Service are personal to you and may not be transferred, assigned or delegated to any third party.