Welcome to Libretto (the "Game"). These terms are between you and Dragonfly Games LLC and its corporate affiliates ("the Company"), for the use of the Game and any current or future features, tools or services offered through the Game. By using the Game, you signify that you have read, understand and agree to be bound by these terms (the "Agreement").
All content on the Game other than Your Content (as defined below), including but not limited to design, text, graphics, gameplay, images, underlying software (in both object and source code), video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the "the Company Content"), is the proprietary property of the Company or one of our advertisers, sponsors or partners (collectively, "Company Partners"). All rights reserved. None of the Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission.
The trademark LIBRETTO™ and all other trademarks, logos, trade dress and service marks on the Game are trademarks of the Company or a Company Partner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable Company Partner.
Our Game may allow you to post certain comments or other materials within the Game (e.g., through chat and forum functionality). By submitting comments, content or other materials in any manner ("Your Content"), you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content through our Game. The above licenses granted by you in Your Content are perpetual and will terminate only if you've requested the removal or deletion of Your Content from the Game (at which point such license will terminate within a commercially reasonable time after your request). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
You may use the Game, and the Company Content therein, solely for personal entertainment and are expressly prohibited from utilizing the Game or any Company Content for commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. You acquire no rights or licenses in or to the Game or Company Content other than the limited right to utilize the Game in accordance with this Agreement.
You acknowledge that you are 13 years of age or older. Children under the age of 13 are prohibited from playing our Game.
When you register for an account on the Game, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and other account information. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. Without limiting the foregoing, you are solely responsible for any and all use of your account. Your username and password are not transferable.
The Company may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account and your use of and access to the Game, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of this Agreement, the Company may delete and/or store, in its discretion, data associated with your use of the Game. The Company may also change, suspend, or discontinue any aspect of this Game at any time, including the availability of any feature, database, or content.
The Game may periodically contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Game may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
This Game is provided "AS IS, AS AVAILABLE" and without warranties of any kind. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL COMPANY, ANY COMPANY PARTNER, OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE GAME OR ANY OF ITS CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE GAME. IN NO EVENT SHALL COMPANY'S OR ANY COMPANY PARTNER'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
The terms of this section shall survive any termination of the Terms.
Links found on this Game, including through advertisements, may let you leave our Game and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Game to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their websites. You should carefully review their privacy statements and other conditions of use.
In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Game (including any of its posting or chat features) or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Game or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Game. We reserve the right to terminate your use of the Game or any related website for violating any of the prohibited uses.
You agree to indemnify and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of this Agreement and/or any activity under your account.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the "JAMS Rules"), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction located in Los Angeles County, California, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
Any cause of action you may have with respect to your use of this Game must be commenced within one year after the claim or cause of action arises. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE GAME SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
We make no representations or warranties that the Game is appropriate or available for use in your country of origin. Visitors who choose to access the Game do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
This Agreement is between you and Dragonfly Games LLC only, not with Apple, Facebook, Google or any other third party through which you may have accessed or downloaded the Game ("Marketplaces"). The Marketplaces are not responsible for the Game. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Game. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Game. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Game or your possession and/or use of the Game, including, but not limited to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the Game infringes upon a third party's intellectual property rights.
The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms to the Game. When we post amended terms, we will include the date such amended terms were posted in the last line of this Agreement. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Game after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.
The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, contact the Company at firstname.lastname@example.org.
This Agreement is effective as of January 1, 2018 and has not been modified since that date.