Terms of Service
Welcome to the Greystripe, Inc. ("Greystripe") web site, WAP site, mobile device application and any other end-user services owned or controlled by Greystripe (collectively, "Greystripe" or the "Greystripe Services"). Greystripe offers customers, users, and others who use the Greystripe Services (collectively, the "Users") to download game or application software (a "Game") to their mobile devices.
This Terms of Service Agreement is a legal agreement between you, either an individual or a single entity ("You," or, in the possessive form, "Your"), and Greystripe regarding Your use of the Greystripe Services and the Games or applications offered via any service controlled by Greystripe, and any related online or electronic documentation ("Documentation") (the Games and the Documentation collectively referred to herein as the "Games").
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING ANY GAME. BY ACCESSING, BROWSING OR USING THE GREYSTRIPE SERVICES OR DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE GAMES AND/OR BY CLICKING THE "I ACCEPT" BUTTON (OR LINK) FROM YOUR MOBILE PHONE OR ON ANY GREYSTRIPE CONTROLLED SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY GUIDELINES AND FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE AGREEMENT (COLLECTIVELY, THE "TERMS").
IMPORTANT NOTICES: Normal carrier charges (WAP, GPRS, and SMS) and taxes may apply to text messages sent to You by the Greystripe services, and to data transfers incurred when You download Games from Greystripe or any Greystripe Distribution Partner and when the advertisements (which allow Greystripe to provide such Games to You at no cost) are downloaded to Your mobile device. By using any SMS sending feature of the Greystripe or Greystripe Distribution Partner Site, including without limitation the "SMS yourself a download link" feature, You expressly agree and consent to receive SMS communications from the Greystripe and/or Greystripe Distribution Partner Site. By downloading, installing, copying, or otherwise using any Game, You expressly agree and consent to automatically receive advertisements from the Greystripe Site on Your mobile device within the Game You download.
IF YOU ARE UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT AND YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THIS AGREEMENT FOR THE BENEFIT OF A CHILD UNDER THE AGE OF 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE GREYSTRIPE SITE, GREYSTRIPE SERVICE, AND THE GAMES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
IF, AT ANYTIME, YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT ACCESS, BROWSE, OR USE THE GREYSTRIPE SITE, DO NOT DOWNLOAD ANY GAMES, AND PLEASE TERMINATE THESE TERMS IMMEDIATELY BY REMOVING ALL GAMES FROM YOUR MOBILE DEVICE.
The services hereunder are offered by Greystripe Corporation located at: 150 Executive Park Blvd., Suite 3000 San Francisco, CA 94134 and email: support (at) greystripe.com.
(a) License Grant. Subject to Your compliance with the terms and conditions set out in these Terms, Greystripe hereby grants to You a personal, limited, non-exclusive, non-transferable, revocable license to use a single copy of the object code version of each Game You download on a single mobile device owned, leased, or, with authorization, primarily used by You.
(b) Termination. These Terms are effective until terminated. You may terminate these Terms at any time by uninstalling all Games, destroying all copies of the Games in Your possession, and cease all use of the Greystripe Services. Upon any termination, You agree to immediately uninstall the Games, destroy all copies of all Games, any accompanying documentation, and all other associated materials, and cease all use of the Greystripe Services. Greystripe reserves the right to terminate these Terms at any time if You are in breach of these Terms. Sections 1(d), 4, and 6 through 13 will survive any termination or expiration of these Terms.
(c) Advertisements and Updates. You acknowledge that Greystripe may automatically: (i) electronically deliver advertisements to Your mobile device, on a regular basis, within the Games that You download from the any Greystripe Service and (ii) from time to time electronically issue upgraded versions of certain Games and, accordingly, may upgrade the version of the Games that You are using on Your mobile device. You consent to such automatic delivery of advertisements and upgrading on Your mobile device, and agree that the terms and conditions of these Terms (as amended from time to time by notices posted on the Greystripe Site) will apply to all such advertisements and upgraded versions.
(d) License Restrictions. You understand, hereby acknowledge, and warrant not to:
(i) modify, disassemble, decompile or reverse engineer the Games, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Games to any third party; use the Games to provide time sharing or similar services for any third party; or use the Games for any commercial use, it being understood that they are for personal, non-commercial use only;
(iii) make any copies of the Games;
(iv) use the Games or the Greystripe Services to infringe the copyrights or other intellectual property rights of others in any way;
(v) use the Games or the Greystripe Services to attempt to penetrate, modify or manipulate the Games or the Greystripe Services or any of the hardware or software thereof, in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any the Greystripe Site account holder or user, or to modify, erase or damage any information contained on the computer of any user connected to the Greystripe Services;
(vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Games, features that prevent or restrict use or copying of any content accessible through the Games, or features that enforce limitations on use of the Games;
(vii) delete the copyright or other proprietary rights notices on the Games;
(viii) disable, obscure, or remove advertisements from the Games;
(ix) intentionally interfere with or damage operation of the Greystripe Services or the Games or any user's enjoyment of them, by any means, including without limitation, uploading or otherwise disseminating viruses, worms, or other malicious code.
When using the Greystripe Services, You will be subject to any additional posted guidelines or rules applicable to such services which may be posted from time to time (the "Guidelines"), including without limitation the Greystripe Privacy Notice. All such Guidelines are hereby incorporated by reference into these Terms.
Greystripe reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Games or the Greystripe Service after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty (30) days after they are initially posted on the Greystripe Site.
The Games are the copyrighted proprietary material of Greystripe and/or its third-party licensors. Your license under these Terms is not a sale of the Games or any copy thereof and Greystripe or its third-party licensors retain all right, title, and interest in and to the Games (and any copies thereof). Greystripe and its third-party licensors reserve all rights not expressly granted under these Terms.
The Greystripe Site enables Users to access and use Games. You agree that Your use of the Greystripe Site will be governed by the terms and conditions of these Terms and the Greystripe Privacy Notice posted on the Greystripe Site at www.greystripe.com (as amended from time to time by notices posted on the Greystripe Site). You also agree to comply with all other notices, terms and conditions posted on the Greystripe Site.
You will be asked to provide a username and password when You register on the Greystripe and Site. As You will be responsible for all activities that occur under Your username and password, You should keep Your password confidential. You must notify Greystripe immediately of any unauthorized use of Your password or if You believe that Your password is no longer confidential. Greystripe reserves the right to require You to alter Your password if Greystripe believes that Your password is no longer secure.
Greystripe respects the prerogatives of copyright owners to control commercial uses of their material, and expects its Users to do the same. You are responsible for complying with all federal and state laws, including copyright laws, applicable to the Games and other content available through the Greystripe Site and Service.
As a condition to the license to use the Games and to Your use of the Greystripe Site, You agree that You will not use the Games or the Greystripe Service to infringe the copyrights or other intellectual property rights of others in any way. You agree that any such infringement constitutes a material breach of these Terms and would cause irreparable harm to Greystripe and entitle Greystripe to receive equitable relief. You agree that You will indemnify and defend Greystripe against all liabilities, damages, claims, fines and expenses (including reasonable attorney's fees) arising out of any claim that You have infringed the copyrights or intellectual property rights of others.
THE GREYSTRIPE SERVICE, SITE, THE GAMES, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GREYSTRIPE SERVICE OR THE GAMES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GREYSTRIPE, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
GREYSTRIPE, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY GAMES OR ON THE GREYSTRIPE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAMES OR THE GREYSTRIPE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GREYSTRIPE, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GAMES OR THE GREYSIPE SERVICE AND SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GREYSTRIPE, ITS SUPPLIERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GAMES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. 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.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GREYSTRIPE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE GAMES, THE MATERIALS ON THE GREYSTRIPE SITE, OR ANY OTHER INTERACTIONS WITH GREYSTRIPE, EVEN IF GREYSTRIPE OR A GREYSTRIPE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GREYSTRIPE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL GREYSTRIPE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE GAMES OR THE GREYSRTIPE SITE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER MEMBERS OF THE GREYSTRIPE SITE, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE GAMES OR THE GREYSIPE SITE AND SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN GREYSTRIPE AND RECEIVED THROUGH OR ADVERTISED ON THE GREYSTRIPE SITE OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE GREYSTRIPE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT GREYSTRIPE'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree that the warranty disclaimers, exclusive remedies, and limitations on damages set forth above are fundamental elements of the basis of the agreement between You and Greystripe. You further agree that Greystripe would not be able to provide the Games, the Greystripe Site, and Greystripe Service to You on an economically reasonable basis without these limitations. You acknowledge and agree that the warranty disclaimers, exclusive remedies, and limitations on damages reflect a reasonable and fair allocation of risk between You and Greystripe. The above warranty disclaimer, exclusive remedies, and limitations on damages inure to the benefit of Greystripe licensors.
You agree to indemnify, save, and hold Greystripe, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, suits, actions, losses, damages, and any other liabilities, including without limitation attorneys' fees, arising out of Your use or misuse of the Games, the Greystripe Site or Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by You herein. Greystripe reserves the right, at its expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Greystripe, and You agree to cooperate with Greystripe's defense of these claims.
It is Greystripe's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Greystripe will promptly terminate without notice the accounts of publishers that are determined by Greystripe to be "repeat infringers." A repeat infringer is a publisher who has been notified by Greystripe of infringing activity violations more than twice and/or who has had a submitted game or application removed from any Greystripe property or service more than twice.
If You are a copyright owner or an agent thereof, and You believe that any content hosted on any Greystripe owned or controlled service infringes Your copyrights, then You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Greystripe's Designated Copyright Agent with the following information in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Greystripe service are covered by a single notification, a representative list of such works on the applicable Greystripe service; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Greystripe to locate the material; (iv) information reasonably sufficient to permit Greystripe to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) 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, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
Greystripe's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at copyright@greystripe.com. For clarity, only DMCA notices should go to the Greystripe Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Greystripe customer service through the support form. You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If the Games are being acquired on behalf of the United States Government, the following applies. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in these Terms and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
The Greystripe Site, Greystripe Service and the Games originate in the United States and are subject to United States export laws and regulations. The Games may not be exported or re-exported to certain countries or to those persons or entities prohibited from receiving exports from the United States. In addition, the Games may be subject to the import and export laws of other countries. You represent that You are entitled to favorable treatment under United States export laws and that You will not transfer or use the Games in violation of United States or foreign laws. You agree to comply with all United States and foreign laws related to use of the Games and the Greystripe Service.
(a) Notice. Except as explicitly stated otherwise, legal notices will be served on Greystripe's national registered agent or to the email address You provide to Greystripe during the registration process. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Greystripe may give You legal notice by mail to a postal address, if provided by You through the Greystripe Site. In such case, notice will be deemed given three days after the date of mailing.
(b) Waiver. The failure of Greystripe to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Greystripe.
(c) Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
(d) Jurisdiction. If You reside inside the United States of America, Section 13(e) (Arbitration) does not apply and this Section 13(d) applies to You. You agree that any action at law or in equity arising out of or relating to these Terms or the Greystripe Site or Greystripe Service, including without limitation the Games, will be filed only in the state or federal courts in and for San Francisco County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
(e) Arbitration. If You reside outside the United States of America, Section 13(d) (Jurisdiction) does not apply and this Section 13(e) applies to You. Any dispute or claim arising out of or in connection with these Terms or Your use of the Greystripe Service, including without limitation the Games, shall be finally settled by binding arbitration in San Francisco, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes.
(f) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
(g) Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be transferred or assigned by Greystripe without restriction.
(h) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
(i) Entire Agreement. This is the entire agreement between You and Greystripe relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms by Greystripe.
(j) Claims. YOU AND GREYSTRIPE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GAMES OR THE GREYSTRIPE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(k) Disclosures.The services hereunder are offered by Greystripe Corporation located at: 150 Executive Park Blvd., Suite 3000 San Francisco, CA 94134.