Terms of Service
AGREEMENT OF TERMS AND CONDITIONS FOR OUR PRODUCTS
YOU MUST READ THIS AGREEMENT CAREFULLY – IT IS A BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND OBLIGATIONS. This agreement covers the terms and conditions that apply whenever Rapid Garden ("the Company") licenses you to use the "Product." The Product includes any video games and related software code, all documentation and instruction manuals, the audio and visual elements, characters, plot, look and feel, and every other distinctive design feature of the games and software. It also covers all intellectual property related to the games—copyrights, patents, trademarks, service marks, character rights, publicity rights, and every other proprietary right connected to the video games and software or anything else sold online, plus any updates or upgrades. When we say "you," we're referring to all purchasers and users of the Product. By using the Product, you're saying that you're at least 13 years old, you understand and agree to these Terms of Service, and if you're between 13 and 18, your legal guardian has reviewed and approved this agreement. This is a legally binding contract between you and the Company. You get a limited license to use the Product personally once you pay for it and agree to follow this Agreement. If you break these terms, you have to return all Product materials and delete all related software immediately. Your license starts when you download the Product and ends if you violate this agreement. The license is personal to you only, and you can only use it to play the game as intended. If you buy multiple Products, each one follows this Agreement or whatever agreement was in place at that time. You can't change this Agreement yourself—only the Company can, and they'll do it in writing. Any changes won't materially hurt your rights or obligations. The Company can change, add to, or remove parts of these Terms of Service and its Privacy Policy whenever it wants by posting the updates on its website. If you keep using the Product, you're accepting those changes. All updated terms take effect immediately when they're posted. If you disagree with any part of the current Terms of Service, Privacy Policy, or any other Company policy related to the Product at any point, your license terminates right away and you need to stop using it.
USE OF PRODUCT
Even though the Company gives you a license to use the Product, they own it completely and you have to follow this agreement. You're allowed to make one backup copy of the Product as long as you include all the materials and this agreement with it. You can't share, transfer, or deal with the Product in any way. Don't reverse engineer, disassemble, modify, or alter it, and don't let anyone else do that either. You can't loan, rent, lease, or transfer any part of your license or the Product to anyone. There are specific restrictions and rules for how you use the Product. You agree to follow them, plus any additional rules spelled out in the Product itself. You agree not to mess with or disrupt the Product, its servers, or connected networks, or break any requirements, procedures, policies, or regulations of those networks. You won't interfere with, disrupt, or get around any security features or usage restrictions in the Product. You won't use the Product to break any local, state, national, or international law, whether on purpose or by accident. You won't use it to hurt minors in any way. You won't reveal anyone's personal information, including details that could be used to track, contact, or impersonate them. You won't trick or mislead the Company or other users. You won't pretend to be someone else or falsely claim an affiliation with anyone. You won't cheat or use bots, macro software, or cheat utilities designed to mess with the game experience or unfair play. You also need to follow all applicable laws regarding online conduct, User Content, and any rules about exporting technical data from Canada or wherever you live. Don't use the Product to do anything the Company thinks is bad for it or ruins other people's enjoyment of it, at their discretion. The Company gets to decide what counts as breaking the usage rules or going against the spirit of these Terms or the Product itself, and they can take action, which might include kicking you out. You're responsible for any fees your internet provider or mobile carrier charges you for accessing the Product.
PAYMENT & WARRANTY
You'll pay all amounts the Company charges you for your license right away and can't dispute the payment unless the Product isn't working as the Company intended within a week of getting your license. Any complaint like that only happens after the Company has had a chance to fix it. ALL REFUND REQUESTS MUST HAPPEN WITHIN SEVEN DAYS OF YOU ACQUIRING THE LICENSE. YOU AGREE THAT ALL SALES ARE FINAL AND NON-REFUNDABLE, UNLESS THE COMPANY OR THE APPLICABLE THIRD PARTY PLATFORM DECIDES IN ITS SOLE AND ABSOLUTE DISCRETION TO PROVIDE A REFUND WITHIN THAT SEVEN DAY WINDOW. AFTER SEVEN DAYS, YOU CAN'T GET A REFUND, BUT THE COMPANY WILL KEEP HELPING YOU THROUGH ITS CUSTOMER SUPPORT SERVICE CENTRE.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The Product might have virtual currency like coins, gems, or tokens that you earn or buy with real money, subject to what the law allows ("Virtual Currency"). It might also have virtual items like abilities or commodities that you earn or purchase with real money or Virtual Currency ("Virtual Goods"). The Company can manage, control, change, or get rid of Virtual Currency and Virtual Goods whenever it wants, at its sole discretion. They're not liable to you or anyone else if they do. You don't own Virtual Goods or Virtual Currency, but you do get a limited, personal, non-transferable license to use them only inside the Product if you've earned or bought them in a way the Company allows. You agree that trading Virtual Currency and Virtual Goods is off limits except where the Product specifically says it's okay. Outside the Product, you can't sell, redeem, or transfer Virtual Currency or Virtual Goods to the Company, other users, or anyone else. All Virtual Currency and Virtual Goods sales are final and non-refundable unless the Company or the applicable platform decides to give a refund. If these Terms, your license, or the Product gets terminated for any reason—including the Company stopping that part of the Product—you lose all your Virtual Currency and Virtual Goods. The Company has no liability to you for that loss.
USER CONTENT
The Product might let you and other users create, submit, post, display, or share communications and content, including voice, text, images, comments, and personal information, through email or forums or message boards or other Product features (all of this is "User Content"). The Company doesn't have to accept, display, review, or use any User Content. Whoever creates User Content is responsible for it. The Company doesn't have to screen, review, or monitor User Content for accuracy, legality, decency, or anything else. They don't guarantee anything about User Content. Using the Product means you might see User Content that's offensive, objectionable, or just not what you want. You accept all the risk that comes with it. The Company isn't liable for any User Content, including mistakes or damage from using it. That said, the Company can pre-screen, review, refuse, remove, censor, edit, or block any User Content without notice and for any reason or no reason at all. You can report User Content you think breaks these Terms or is inappropriate. Your User Content isn't confidential and won't be returned to you. You represent that it's original to you and that you own all the rights to it, including the right to give the Company all the rights and licenses mentioned in these Terms without creating any third party obligations for them. The Company doesn't claim ownership of Your Content, and nothing here limits your right to use and exploit it. They don't have to monitor or enforce your intellectual property rights in Your Content. You give the Company a worldwide, permanent, non-exclusive, transferable, royalty-free license (including the right to sublicense) to use, copy, modify, distribute, sell, display, perform, transmit, stream, and otherwise exploit Your Content via the Product or any other way. You also let the Company sublicense it to others. You give them the unconditional right to use your name, voice, and likeness in any User Content. Except where the law says otherwise, you give up any rights to be credited and any moral rights you have in Your Content, even if it gets changed in ways you don't like.
COMPANY REPRESENTATIONS
YOU AGREE THAT USING THE PRODUCT IS COMPLETELY AT YOUR OWN RISK AND IS PROVIDED AS-IS WITHOUT ANY KIND OF WARRANTY, EXPRESS OR IMPLIED. THIS INCLUDES NO WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, AND LICENSORS (COLLECTIVELY THE "COMPANY PARTIES") DON'T WARRANT THAT THE PRODUCT WILL MEET YOUR NEEDS, THAT YOU'LL BE ABLE TO VIEW THE MATERIALS OR USER CONTENT, OR THAT THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THEY DON'T PROMISE THAT ERRORS WILL BE FIXED. TO THE FULLEST EXTENT THE LAW ALLOWS, THE COMPANY PARTIES AREN'T RESPONSIBLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES—INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES—ARISING FROM THESE TERMS OR THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THEY KNEW SUCH DAMAGES WERE POSSIBLE. NO MATTER WHAT, THE COMPANY PARTIES WON'T BE LIABLE TO YOU FOR MORE THAN WHAT YOU'VE PAID THE COMPANY IN THE NINETY DAYS BEFORE YOU MADE YOUR CLAIM. IF YOU HAVEN'T PAID THEM ANYTHING IN THOSE NINETY DAYS, YOUR ONLY REMEDY FOR ANY DISPUTE IS TO STOP USING THE PRODUCT. Some places don't allow the exclusion of certain warranties or limits on liability for certain damages. So some of these limitations might not apply to you. If the Company can't legally disclaim a warranty or limit liability the way they've tried to here, they'll do it to the minimum extent the law requires.
TERMINATION
The Company can end these Terms and your access to the Product (or just parts of it) at any time for any reason. If they suspect or find that you've broken these Terms, ignored Company policies, or done something illegal or harmful through the Product, they can notify authorities or take action (including cutting off your access) without warning you first. When your access ends, you lose any data connected to it—your usernames, avatars, characters, achievements, Virtual Currency, and Virtual Goods. You won't get a refund, reimbursement, or compensation for the termination, whether you ended it or the Company did. The Company can also refuse to provide the Product to anyone. These Terms stay in effect until they're terminated, and they survive even after the Product or the agreement ends.
DISPUTES WITH OTHERS
The Company might monitor and manage disputes between you and other users, but they don't have to. You're responsible for how you interact with other users and anyone you meet through the Product. You'll help the Company investigate any suspected unlawful or fraudulent activity. The Company isn't liable for disputes between you and other users.
THIRD PARTY WEBSITES
The Product might link to third party websites or resources. The Company isn't responsible for whether those sites are available or accurate, or for the content, products, or services on them. Links don't mean the Company endorses those sites or what's on them. You're on your own for any risk from using them. The Company can remove links anytime for any reason.
GOVERNING LAW
This Agreement follows the laws of the Province of New Brunswick and the laws of Canada that apply there. Both parties agree to the courts of the Province of New Brunswick.
SUCCESSORS IN INTEREST
This Agreement binds and benefits the parties and their heirs, agents, successors, administrators, and assigns. You can't assign it without written approval from the Company, which they can reasonably refuse. The Company can assign it to anyone who agrees to follow it. If they do, they're released from liability as long as the other party takes on all the rights and obligations. WAIVER Any waiver of this Agreement or a breach of it only counts if it's in writing. If the Company waives something, that doesn't mean they're waiving it forever or for any other breach.
SEVERABILITY
If any part of this Agreement is ruled invalid, the rest of it stays valid.
ENTIRE AGREEMENT
This Agreement is the complete understanding between both parties on this subject.