TERMS OF USE

These terms of use and our Privacy Policy which is incorporated herein by reference (collectively, “Terms of Use”) govern the relationship between you and WSC Solitaire, LLC and your use of our mobile game known as “Churchill Solitaire” (“Churchill Solitaire”), including its chat and communications features, our blog, and all other content and related services (including online services) that WSC Solitaire, LLC makes available through Churchill Solitaire or on WSC Solitaire, LLC’s websites, including but not limited to churchillsolitaire.com (collectively, the “Game”).

SECTION 14 OF THESE TERMS OF USE CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

1. YOUR ACCEPTANCE OF THESE TERMS OF USE.

These Terms of Use form a legal agreement between you and WSC Solitaire, LLC, Inc., its subsidiaries and affiliates (collectively, “WSC Solitaire, LLC” or “we” or “us”). When you use the Game, you agree to be bound by all of the terms, conditions and restrictions in these Terms of Use. Please read them carefully.

You acknowledge that you have downloaded the Game for free, and while there is additional content available for purchase within the Game (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to participate in the Game.

2. LIMITED LICENSE, LOGIN INFORMATION AND YOUR ACCOUNT AND ELIGIBILITY.

Limited License Grant

Subject to your agreement and continuing compliance with these Terms of Use and WSC Solitaire, LLC’s policies, WSC Solitaire, LLC grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Game for your own non-commercial entertainment purposes. You agree not to use the Game for any other purpose.

Login Information and Your Account

Within the Game, you may create an account with us by providing a username and/or email address and a password (“Login Information”). We may also allow you to create a Game account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).

You shall not share your account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, loss of In-App Purchases or other in-Game items, or other changes to your account and/or Game status, whether or not authorized by you. WSC Solitaire, LLC will not be responsible for anything that happens through or to your account and/or Game status as a result of you allowing any third party to access your Login Information and/or account.

WSC Solitaire, LLC reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

Eligibility

There are limitations on who may download and play the Game. You may not download or play the Game if you are under 13 years of age. If we learn that a user under 13 years of age is using the Game despite this restriction, we will immediately delete their account and all personal information we have related to their account.

If you are between the ages of 13 and 17, or under the age of majority where you live, you may not use the Game unless your parent or legal guardian has reviewed and agreed to these Terms of Use.

The Game is available for download from mobile application platform providers like Google or Apple, each of which may require you to maintain an account with them in order to access and use the Game.

3. MODIFICATION OF TERMS OF USE

We reserve the right to modify these Terms of Use from time to time by posting updated versions in the Game or otherwise notifying you of changes through the Game. Unless we state otherwise, changes are effective when we post or notify you of them. By continuing to use the Game after the posting of changes to these Terms of Use, you agree to the changes and the updated Terms of Use.

4. NO TRANSFER OF ACCOUNTS

Your account is for your personal use only. You specifically agree not to: (1) share your account credentials with anyone else, (2) sell, offer to sell, rent, lease, trade or otherwise transfer your account. You acknowledge that any purported transfers of Game accounts or In-Game Items in violation of this Section, including but not limited to transfers in exchange for money or other compensation, are void and breach these Terms of Use, and that we have no responsibility to assist you in connection with completing any such transaction. We may terminate or suspend your account and/or your right to access or use the Game if we discover or reasonably believe that you have attempted to buy, sell, rent, lease, license, or transfer your Game account or associated In-Game Items, or used or accessed an account or In-Game Items transferred by another user, or linked to or otherwise endorsed or identified any websites, organizations, or persons that attempt to buy, sell, rent, lease, license, or transfer accounts or In-Game Items in violation of this Section.

5. INTELLECTUAL PROPERTY RIGHTS IN THE GAME.

Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to the Game, including all content made available through the Game and the technology and software used to provide the Game. The Game is protected by copyright, trademark and other laws. If you violate these Terms of Use, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms of Use. In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

If you provide us with any suggestions for enhancement or feedback regarding the Game or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Game, without any obligation to compensate you.

6. CODE OF CONDUCT

You agree to comply with the following requirements (our “Code of Conduct”) when you use the Game:

• You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download the Game, including any terms regarding payment for In-App Purchases made through such platforms.
• You will not attempt to obtain login information or access another player’s account, collect or harvest personal information from other users.
• You will not harass, threaten or bully any other player, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
• You will not use the Game for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Game Items for sale.
• You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Game experience.
• You will not remove or obscure any proprietary notices within the Game.
• You will not to disrupt or attempt to disrupt the Game or any other person’s use or enjoyment of the Game.
• You will not attempt to gain unauthorized access to the Game, to accounts registered to others, or to networks from which portions of the Game are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game.
• You will not use any service or software that accesses, intercepts, “mines,” or otherwise collects information from the Game or that is in transit from or to the Game.
• You will not make any automated use of the Game, or take any action that imposes an unreasonable burden on our infrastructure.
• You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data from the Game.
• You will not improperly use our support services, including by submitting false reports.
• Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Game.
• You will not copy, modify or distribute content from the Game except as specifically authorized by us.
• You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.

Failure to comply with this Code of Conduct may result in the suspension of your account, or any portion of your account, and/or subject you to any of the penalties identified in Section 11 herein.

7. YOUR INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other players with whom you interact through the Game. WSC Solitaire, LLC reserves the right, but has no obligation, to become involved in any way with any disputes concerning the Game. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting WSC Solitaire, LLC access to any portion of your account.

If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release WSC Solitaire, LLC (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you live in California, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.

8. INFORMATION COLLECTION AND USE; PRIVACY POLICY

In addition to User Content, WSC Solitaire, LLC collects (i) information, content or other material that you provide to us or is otherwise transmitted in or through the Game or which is generated, acquired or developed when you download, install, and/or use the Game or anytime you are in contact with us and (ii) information you receive or which is transmitted to or otherwise made available to you from other users of the Game or third parties in the Game (collectively, “Service Information”). We use the Service Information in many ways, including but not limited to, to help us provide and support the Game and our services. For example, we may use the Service Information to deliver and target advertising and generate information about the reach and effectiveness of advertising through various measurements and analytics (without providing personally identifiable information about you).

The “Information Collection and Use” Section of our Privacy Policy sets out detailed information regarding our collection, use and sharing of information from and about you. When you download or use the Game, you acknowledge and accept that the Privacy Policy applies to you. You should carefully review the Privacy Policy and, if you do not agree with it, you should not use the Game.

9. TERMINATION AND SUSPENSION

You may terminate your account at any time, for any reason or no reason, by issuing an in-game message or by sending an email to support@churchillsolitaire.com with the subject entitled “Termination.”

We reserve the right to suspend or discontinue the Game or any part of it at any time, including any features, game elements and In-Game Items and revoke any and all licenses provided to you under these Terms of Use. If that happens, we are not required to provide refunds, benefits or other compensation to you for discontinued elements of the Game or for any In-Game Items previously earned or purchased, and you will have no further right to access your account or use the Game. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE GAME OR ANY PORTION OF IT, AND PROHIBIT ACCESS TO THE GAME AND THE CONTENT, SERVICES AND TOOLS AVAILABLE THROUGH THE GAME, OR DELAY OR REMOVE USER CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.

Upon termination of your account for any reason, you agree to no longer access (or attempt to access) the Game.

10. DISCLAIMER; LIMITATION OF LIABILITY

THE GAME IS PROVIDED “AS IS,” AND USE OF THE GAME IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE GAME OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THE GAME, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. WSC SOLITAIRE, LLC DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

REFERENCE TO, OR DEPICTION OF, ANY WEAPON, GEAR OR OTHER ITEMS IN THIS GAME DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR ENDORSEMENT BY ANY MANUFACTURER. ALL TRADEMARKS RELATING TO ANY WEAPONS, GEAR OR OTHER ITEMS IN THIS GAME ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.

YOU ACKNOWLEDGE THAT WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR THE GAME DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR MOBILE PLATFORM PROVIDERS OR OTHER PLAYERS OF THE GAME. Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.

11. INDEMNITY

If you misuse the Game, violate the law, or violate these Terms of Use, and your violation results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us. This section will apply even if you stop using the Game or your account is deleted.

12. APPLICABLE LAW

For Users other than EU Users

You agree that these Terms of Use shall be deemed to have been made and executed in the State of Delaware, U.S.A. and that any dispute arising under the Terms of Use, as well as any other dispute or claim that may arise between you and us, shall be governed by and resolved in accordance with the laws of the State of Delaware, without regard to conflict of law provisions or principals.

For EU Users

You agree that these Terms of Use shall be governed by the laws of England, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of England provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.

13. THIRD PARTY PROMOTIONS AND LINKS

The Game may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively “Third Party Promotions “), some of which may invite you to participate in promotional offers in return for receiving optional services and/or In-Game Items. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and WSC Solitaire, LLC has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.

14. OWNERSHIP; TRADEMARKS AND COPYRIGHTS

All rights, title and interest in and to the Game (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of games) are owned by WSC Solitaire, LLC. WSC Solitaire, LLC reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with the Game.

The trademarks “WSC Solitaire, LLC,” and “Churchill Solitaire,” and logos associated with each of the foregoing, are trademarks of WSC Solitaire, LLC, and all trademarks, logos and service marks (collectively, “Marks”) displayed on or in the Game are either our property or the property of third parties. Similarly, all artwork and other protectable expression in the Game are either our property or the property of third parties and protected by Copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.

15. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA“) NOTICE

WSC Solitaire, LLC responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When WSC Solitaire, LLC receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.

To Submit a Notice:

If you believe that in-Game content infringes on your copyright, you must submit a written notification to WSC Solitaire, LLC either by email or written letter (regular mail or courier). The Notice must include the following:

1. An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
2. A description of the nature and exact location of the content you claim infringes your copyright;
3. Your name, address, telephone number, and email address;
4. Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
5. A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /Jane Doe/).

Send the written Notice to the designated Copyright Agent at WSC Solitaire, LLC by emailing us at support@churchillsolitaire.com.

Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from WSC Solitaire, LLC, or have been otherwise advised by WSC Solitaire, LLC that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.

16. MISCELLANEOUS

Except as otherwise expressly set forth in these Terms of Use, in the event that any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect. These Terms of Use constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use.

If we provide a translated version of these Terms of Use or any other terms or policy incorporated or referenced in these Terms of Use, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.

If we do not enforce a provision of these Terms of Use, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms of Use, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.

WSC Solitaire, LLC is subject to existing laws and legal process, and we may comply with law enforcement or regulatory requests or requirements notwithstanding any term to the contrary in these Terms of Use.

We may notify you via postings on churchillsolitaire.com or via e-mail or via any other contact information you provide to us. All notices given by you or required from you under these Terms of Use or the WSC Solitaire, LLC Privacy Policy shall be in writing and addressed to: WSC Solitaire, LLC, Inc. Any notices that you provide that do not comply with these requirements shall have no legal effect.

WSC Solitaire, LLC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of WSC Solitaire, LLC, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond WSC Solitaire, LLC’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

For Australia and New Zealand Users Only:

Upon termination of your account, WSC Solitaire, LLC will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.

For European Union Users Only:

If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU’s Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the In-Game Item.

17. CONTACT INFORMATION

The Site and Services are operated and provided by WSC Solitaire, LLC, LLC If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to support@churchillsolitaire.com