TERMS OF SERVICE
May 10, 2018
Dilly Dally Games, LLC ("Dilly Dally Games," "we" or "us") is proud to present our Mexican Train Dominoes game, which you can play through our App or our Website (the “Services”). This page outlines the Terms of Service under which we provide you with the Services.
Please note that these Terms of Service are subject to change. We, in our sole discretion, may revise the Terms of Service at any time. We will provide you with notice of such changes by highlighting the change on our homepages at www.mexicantrain.com for 7 days before implementing the changes, and by emailing you a notification to the email address you have provided. You should visit this page periodically to review the Terms of Service, as it is binding upon you.
In addition, please also be advised that these Terms of Service contain provisions that govern how disputes between you and Dilly Dally Games are resolved, including arbitration, a jury trial waiver and a class action waiver.
1. THE SERVICES
The Services allow you to play our Mexican Train Dominoes game on our website, www.mexicantrain.com
(the “Website”), or on our App, available through the App Store, Google Play and the Amazon Appstore (the “App”). The game is played against three artificially intelligent opponents each making their own independent decisions. There are thirteen total rounds. The winner of the game is determined by the lowest total score once all rounds are complete. Instructions are available through the App and on www.mexicantrain.com/rules
. You can also make in-app purchases of virtual vouchers, which provide you with codes to enhance your process in the game. You can also access special features of our Services through the App, by logging in to the App using your Google or Facebook account information. These special features allow you to save your progress and any in-app purchases you have made in the Cloud. If you do not log in using your Google or Facebook account information, you may lose your progress and in-app purchases.
2. YOUR RESPONSIBILITIES
3. REQUIREMENTS FOR USE OF THE SERVICES
- Use the Services Responsibly. You agree that you are responsible for your conduct while using the Services, App and/or Website. You shall use the Services, App and Website in a responsible and reasonable manner, and you acknowledge and agree that we are not responsible for the results of any action or inaction that occurs if you use the Services, App or Website in a manner that is not intended or reasonable.
- Maintain the security of your account, password and devices. You are also responsible for your username, passwords, and the security of the Google and/or Facebook account you use to access special features of our Mexican Train Dominoes game ("Account"). You may not allow others to access or use the Services with your unique username, password, or other security code. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your Account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).
- Provide Us with True & Accurate Information. You are responsible for providing us with information we request to access the Services. All such information must be true and accurate. If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by emailing us at email@example.com. You understand and agree that you are responsible for all information, data and content that you enter or provide to us, as well as all activity that occurs while you are using the Website, App and Services.
- Use the Services only for acceptable uses and not for any illegal or prohibited purpose. As one of the conditions of your use of the Services, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Services, Website or App for anything other than the Intended Purpose, which is defined below in Section 3.7. You shall NOT use the Services, Website or App in any manner that is prohibited by these Terms of Service or which is illegal or prohibited by applicable law.
- Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information.
- Be over the age of 18 and capable of giving legal consent. You must be at least the age of 18 to use the Services, Website and App. Any creation of an Account or use of the Services by someone under the age of 18 is strictly prohibited and is a violation of these Terms of Service. By creating an Account and/or by using the Services, you represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service.
- Not be previously prohibited from using the Services. The Services, Website and App may not be used by anyone we previously prohibited from using the Services, Website or App.
- Be a human. Accounts registered by “bots” or other automated methods are not permitted.
- Don't resell the Services. We provide the Services only to end-users for their own personal, non-commercial use. You may not obtain the Services for further distribution or resale or for any other commercial or business purpose. The Services, and all rights and privileges conferred therein, are personal and non-transferable.
- Use the Services, Website and App only for their Intended Purpose. The Services, Website and App are available for you to play our Mexican Train Dominoes game (the “Intended Purpose”). You agree that you will only use the Services, Website and App for the Intended Purpose. In addition, YOU SPECIFICALLY AGREE THAT YOU WILL NOT:
4. MONITORING & SECURITY
- Use the Services, Website or App if you are under the age of 18.
- Use the Services, Website or App to upload, post, email, otherwise transmit, or post links to any content, or select any username or email address, that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Use the Services, Website or App to upload, post, email, otherwise transmit, or post links to any content or information that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Use the Services, Website or App to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
- Use the Services, Website or App to “stalk” or otherwise harass another.
- Use the Services, Website or App to collect or store personally identifying information about others without their permission.
- Use the Services, Website or App to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
- When signing up for an Account or communicating with us, use misleading email address or enter false and/or misleading information.
- Use the Service, Website or App to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use the Services, Website or App to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
- Use the Services, Website or App to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
- Use the Services, Website or App to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Use the Services, Website or App to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
- Conduct your own contests and promotions using the Services, Website or App, or use the Services, Website or App to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants without our explicit written consent.
- Incorporate information or content from our Services, Website or App into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
- Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services, Website or App in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services, Website or App in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
- Interfere with or disrupt the Services, Website or App, or servers or networks connected to the Services, Website or App.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Services.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.
5. IN-APP PURCHASES
- Security. While we take the security of your Account and the Services very seriously, we cannot ensure or guarantee their security. Any such use shall be at your sole risk, and you shall relieve us and our affiliates of all liability in connection therewith.
6. CANCELLATION AND TERMINATION
- In-app Purchases are not Processed by Dilly Dally. You may make certain purchases through the App, which is handled through the store that you downloaded the App from (for example, if you downloaded the App from the App Store, the App Store would handle the in-app purchases). We do not process payments for in-app purchases, nor do we collect your credit card information for in-app purchases.
- Refunds. We are not responsible for in-app refunds. The terms for refunds for in-app purchases are dictated by the store that you downloaded the App from and made the in-app purchases from. Refunds may not be available.
7. INTELLECTUAL PROPERTY RIGHTS AND CONTENT OWNERSHIP
- Cancellation. You may cancel the Services at any time by uninstalling the App and refraining from using the Services. Unless you have signed in to the App through your Account, by uninstalling the App, you will lose all in-app purchases and progress. If you uninstall the App and wish to delete the information connected to your personal use of the Services, you can email us at firstname.lastname@example.org. Please note that it may take up to 120 days to delete all information connected with your use of the Services. We are not responsible for any losses you have in the event that you cancel your Account.
- We may also terminate or suspend your Account. We, in our sole discretion, have the right to suspend or terminate your Account and refuse to provide you with the Services for any reason at any time, including a violation of these Terms of Service. After termination, you will no longer have access to the Services, and you many not have access to any data within the Services. You will also no longer receive the Services. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account or the cession of Services.
- Our Intellectual Property. Our Services, Website and App, including but not limited to our trademarks, our text, graphics, images, logos, buttons, icons, materials, software, function, and the overall "look" and "feel" of our game, App and Website, as well as the code for the game, App and Website, are owned by Dilly Dally Games, LLC, and are the protected patents, copyrights, trademarks, trade secrets and service marks of Dilly Dally Games, LLC (collectively, the “Dilly Dally IP”). Content which is not created or owned by Dilly Dally Games, LLC is the trademarks and copyrights of their respective owners. Unauthorized use of the Dilly Dally IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Dilly Dally IP unless you obtain our explicit written consent. We grant you a license to use the Dilly Dally IP for the sole purpose of accessing and using the Services. In the event your Account is cancelled, terminated or suspended, you must immediately cease use of the Services and the Dilly Dally IP.
- Other's Content. You shall not use any information or content that is not yours without the appropriate permissions.
- Licenses. You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use the information you provide to us so that we may provide the Services, Website and App to you.
- Third Parties' Intellectual Property. We use several third-parties to make certain features of the Services, App and Website available to you, including but not limited to Google, Facebook, and in-app purchasing through the Apple App Store. You acknowledge and agree that, with respect to any such third party features, content and/or licenses, you shall be bound by any and all such limitations in place by said third party (via license or other agreement), and shall be subject to any restrictions or terms associated therewith. You acknowledge and agree that you shall receive, with respect to such third party licenses, only such warranties and protections as we receive directly from the applicable third party licensor and that we are able to pass on to you.
You agree to defend, indemnify and hold harmless Dilly Dally Games, LLC and its employees, officers and directors from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: your breach of these Terms of Service, your breach of representations and warranties made in these Terms of Service, your violation of any other person's intellectual property, your conduct (including but not limited to violations of the law), and your use of the Services, App and Website.
9. DISCLAIMERS AND LIMITATIONS ON LIABILITY
10. EMAIL NOTIFICATIONS & COMMUNICATIONS WITH US REGARDING IMPROVEMENTS
- Limitations of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, AND LOSS OF GOODWILL) RESULTING FROM THE USE, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, THE APP, THE SERVICES AND/OR THE CONTENT WITHIN THE SERVICES, OR THE FAILURE OR MALFUCTION OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE SERVICES; OR (B) THE SUM OF ONE HUNDRED DOLLARS (US $100).
- Warranties. By entering into these Terms of Service you acknowledge and agree that we are simply providing you with the Services, and that we make no warranties of any kind relating to the Services, App and Website, any data or content contained within or related to the Services, App and Website, any data or content available through the Services, App and Website, and documents or information available through the Services, App and Website. Furthermore, nothing on or within Services shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.
WE DO NOT WARRANT THAT THE APP, WEBSITE AND SERVICES, OR THE CONTENT AVAILABLE ON OR THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF OUR APP, WEBSITE AND/OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE, APP AND SERVICES, AND THE INTERNET IN GENERAL. THE WEBSITE, APP AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DILLY DALLY GAMES, LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO BE CLEAR, DILLY DALLY GAMES, LLC UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE SERVICES EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, AND DILLY DALLY GAMES, LLC ASSUMES NO RESPONSIBILITY THAT THE SERVICES WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THESE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE.
THIS LIMITATION OF WARRANTIES IS A PART OF THE BARGAIN BETWEEN YOU AND US. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DILLY DALLY GAMES, LLC OR ANY PERSON ON BEHALF OF DILLY DALLY GAMES, LLC SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT OUR WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Services, Website and/or App must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
- Access outside the USA. We make no claims that the Services, Website and App are appropriate or legal to be viewed by certain persons or in certain countries. The Services, Website and App are for those in the United States, and shall not be used by those outside the United States. If you access the Services, Website and App from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
11. ARBITRATION, JURY TRIAL & CLASS ACTIONS
- Email Notifications. You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Services, Website and App, including any notices required by law, in lieu of communication by postal mail. Therefore, you shall make sure your email address listed under your "Account Information" section is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at the address provided below. If you do not want to receive non-legal notices by email, please opt out by contacting us at email@example.com.
- Your Communications with us regarding improvements to the Services. You may contact us by email, phone or mail at the address provided below. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them -- but any submission will be subject to these Terms of Service. Specifically, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
12. MISCELLANEOUS PROVISIONS
- Arbitration. Please read this Section carefully. It is part of your agreement with Dilly Dally Games, LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
You agree that any dispute related to these Terms of Service, your use of the App, Website and Services, or any dispute related to your relationship with Dilly Dally Games, LLC or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the Judicial Arbitration and Mediation Services (JAMS), located in San Diego, California. The JAMS Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The JAMS Rules of Arbitration are available on JAMS' website, https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Jury Trial Waiver. Please read this Section carefully. It is part of your agreement with Dilly Dally Games, LLC and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.
You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration per Section 11.1 of these Terms of Service. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Dilly Dally Games, LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. Please read this Section carefully. It is part of your agreement with Dilly Dally Games, LLC and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.
ALL CLAIMS AND DISPUTES BETWEEN YOU AND DILLY DALLY GAMES, LLC MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- 30-Day Right to Opt Out. You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions (Sections 11.1 – 11.3 of these Terms of Service) by sending written notice of your decision to opt out to our email address at firstname.lastname@example.org within 30 days from the date you first create an Account. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply you must bring claims per Section 12.3, below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in Sections 11.1 – 11.3 of these Terms of Service. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of these Terms of Service. Since the information provided in these Terms of Service is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.
13. QUESTIONS AND OUR CONTACT INFORMATION
- No waiver and partial validity. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Dilly Dally Games, LLC, and they govern your use of the Services. The Terms of Service also supersede any prior agreements between you and Dilly Dally Games, LLC (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
- Equitable relief. You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.
- Governing Law and jurisdiction. These Terms of Service are governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall be exclusively brought by arbitration in San Diego, California.
- Entire agreement. These terms constitute Dilly Dally Game, LLC's entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding our Services, Website and App.
- Digital admissibility. You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
Any questions or concerns should be addressed to our support team at email@example.com.