PRIVACY

RITZ DELI GAMES TERMS OF SERVICE

Last Updated: July 3, 2020

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT INSTALL OR PLAY OUR GAMES. 

  1. What is this document? 

You are now reading our Terms of Service (“TOS”) which is a legal agreement between you and Ritz Deli Games (“RDG” or “we”, “us”, “our”, as appropriate) regarding our Games. “Game” means our game that you download and access that is subject to this TOS, regardless of where you download and/or access it, and any documentation, software, updates included in it. 

We’ve tried to be straightforward in this TOS and if you have any questions feel free to send us a note at support@ritzdeligames.com.  

  1. Defined Terms

You’ll notice some capitalized terms in this TOS. They’re called “defined terms,” and we use them so that we don’t have to repeat the same language again and again, and to make sure that the use of these terms is consistent throughout the TOS.  We’ve included the defined terms throughout because we want it to be easy for you to read them in context. 

  1. Additional Terms

Some Games may be available (or only available) through accessing (or downloading from) a third party platform or store, including but not limited to the Apple App Store (“App Store”). Your use of our Games is also governed by any applicable agreements you have with any App Store (the “App Store Agreement(s)”). In the event of a conflict between any other App Store Agreement(s), from which you acquire one of our Games, and this TOS with respect to your use of our Games, this TOS takes priority. 

The collection of information from you and related to our Games (whether obtained through an App Store or not) is governed by our Privacy Policy at www.ritzdeligames.com/privacy. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.

  1. Eligibility and Registration

    1. Age. You must be at least 13 years old (or such other minimum age as is applicable in the jurisdiction you live in) to create a Game Account (as defined below) or use or access any of our Games.  

    2. Account Creation. To access parts of a Game, you may need to create an in-game account (your “Game Account”). Your Game Account, if applicable, is separate from any account you may have with any App Store (your “App Store Account”). To the extent you create your Game Account through the use of a third party account (for example, your account with Facebook or Google), we may access certain personal information that this third party provides to us such as your email address and name to help create your Game Account. 

  2. License

    1. License Grant. So long as you comply with this TOS and, as applicable, the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the Game on the device permitted by the App Store Agreement(s) (if applicable), and (ii) access and use our Games, including any Content, for your personal entertainment purposes leveraging only the functionality of the Games. We and our licensors reserve all rights not granted to you in this TOS. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within our Games.

    2. Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, an entire Game, or any or all of our Games depending on the territory in which you are located.

  3. License Restrictions

You agree not do any of the following with respect to our Games: 

    1. use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by this TOS; 

    2. use, or provide, any unauthorized third-party programs that intercept, emulate, or redirect any communication between our Games and RDG or that collect information about the Game;

    3. use, or provide ancillary offerings to anyone, that are not offered within our Games by us (or the functionality of the App Store), such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with our Games in any way, tunneling, third party program add-ons, and any interference with online or network play;

    4. access or use them on more than one device at a time; 

    5. copy, reproduce, distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not expressly authorized in this TOS; 

    6. sell, rent, lease, license, distribute, or otherwise transfer our Games, or any Content; 

    7. attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon our Games or any Content; 

    8. remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property; 

    9. create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes or otherwise cheat; 

    10. violate any applicable law or regulation;

    11. attempt to probe, scan or test its vulnerability or breach any security or authentication measures; 

    12. access, tamper with, or use non-public areas of our Games;

    13. behave in a manner which is detrimental to the enjoyment of our Games by other users as intended by us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming;

    14. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Games or any of its users; 

    15. collect or store any information that could be used to identify an individual, either itself or combined with other information, from our Games from other users of our Games without their express permission;

    16. trespass, or attempt to gain access to a property or location where you do not have permission to be or engage in any activity that may result in injury, death, property damage, nuisance or other liability; 

    17. impersonate or misrepresent your affiliation with any person or entity; 

    18. use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on our Games or for any other purpose;

    19. play on another person’s Game Account to “boost” that Game Account’s status, level or rank; 

    20. use our Games in any way that would affect us adversely or reflect negatively on us or our Games or discourage any person from using all or any portion of the features of our Games; or

    21. encourage or enable anyone else to do any of the foregoing.

  1. Ownership of our Games

We and our affiliates and licensors own all title, ownership and intellectual property rights in our Games. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Games. You understand and agree that you have no ownership interest in our Games or any Games or Content therein.

Although we are not obligated to monitor access to or use of our Games or to review or edit any Content, we have the right to do so for the purpose of operating and publishing our Games, to ensure compliance with this TOS, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of this TOS or conduct that affects our Games.

  1. Accessing a Game from an App Store 

Where a Game is made available to you via an App Store you acknowledge and agree that: 

  • This TOS is between you and us, not the App Store, and we (not the App Store), are solely responsible for the Game.

  • The App Store has no obligation to provide any Game maintenance or support.

  • If the Game cannot meet its warranties (if any), you can contact the App Store and they will refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

  • The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • In the event of any third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this TOS.

  • The App Store, and its subsidiaries, are third party beneficiaries of this TOS and upon your acceptance of this TOS, the App Store will have the right to enforce this TOS against you as a third-party beneficiary thereof.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • You must also comply with all applicable third party terms of service when using the Game.

  1. Feedback

We welcome your feedback, comments and suggestions for improvements to our Games (“Feedback”). You can submit Feedback by emailing us at support@ritzdeligames.com or via the functionality of our Games (if available). If you provide us with any Feedback, you agree that we can use such Feedback in any manner in which we see with without any further obligation to you.

  1. Game and TOS Modifications

We may (but don’t have to) update this TOS at any time. If we do so, you will be prompted to agree to the updated TOS upon your next access to our Games or when the updated TOS is otherwise communicated to you. You must agree to these updates to continue using our Games. 

We may provide patches, updates, or upgrades to our Games that must be installed for you to continue to use our Games. We may update our Games remotely without notifying you, and you hereby consent to us applying such patches, updates, and upgrades. If your device can prevent automatic updates, you may not be able to access our Games until you manually update our Games yourself on your device. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of our Games if deemed reasonably necessary by RDG. Subject to applicable law, you acknowledge that any data related to your use of any particular Game and other elements unique to our Games may cease to be available to you if deemed reasonably necessary by RDG without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You agree that we do not have any maintenance or support obligations with respect to our Games. 

  1. Warranty Disclaimers

OUR GAMES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, RDG EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RDG makes no warranty that our Games will meet your requirements or be available on an uninterrupted, secure, or error-free basis. RDG makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of our Games. 

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW RDG WILL NOT BE LIABLE IN ANY WAY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS TOS OR OUR GAMES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF RDG ARISING OUT OF OR IN CONNECTION WITH THIS TOS OR OUR GAMES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME IN QUESTION; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. 

  1. Indemnity

You agree to indemnify, pay the defense costs of, and hold RDG and its employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of our Games, if based on negligent or willful misconduct by you; or (b) any claim that, if true, would constitute a breach by you of this TOS. 

  1. Termination

We may terminate your access to and use of our Games in the event that (a) we cease providing the Game to similarly situated users generally; (b) you breach any terms of this TOS (including the App Store Agreement(s) and our other policies specified in this TOS); (c) the owner of the App Store terminates your App Store Account; or (d) we otherwise deem it necessary to terminate this TOS in our sole discretion. You may also terminate this TOS by deleting and uninstalling the Game on any and all your devices or by deleting your App Store Account. Upon termination of this TOS, the rights granted to you automatically terminate and you may no longer exercise any of those rights or this TOS. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of our Games prior to such termination. 

  1. Dispute Resolution and Governing Law  

    1. Governing Law and Forum Choice. This TOS and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes will be the state and federal courts located in the Northern District of California, and you and we each waive any objection to jurisdiction and venue in such courts.

    2. Severability. If a court of competent jurisdiction decides that any part of this TOS is invalid or unenforceable, the other parts of this TOS will still apply.

  2. No Assignment

You may not assign or transfer this TOS, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this TOS, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this TOS without restriction. Subject to the foregoing, this TOS will bind and inure to the benefit of the parties, their successors and permitted assigns.

  1. Miscellaneous

    1. Entire Agreement. This TOS and any other document or information referred to in this TOS constitutes the entire and exclusive understanding between you and us regarding the Game and supersedes any and all prior oral or written understandings or agreements between you and us regarding the Game.

    2. Severability. If certain provisions of this TOS are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining terms of this TOS will remain in full force and effect.

    3. No Waiver. Your and our actions or inactions will not create any other rights under this TOS except as what is explicitly written within this TOS. Our failure to enforce any right or provision of this TOS will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this TOS, the exercise by either party of any of its remedies under this TOS will be without prejudice to its other remedies under this TOS or otherwise.

  2. Contact Information

If you have any questions about this TOS or the Game, please contact us at our Support Email Address.