Terms and Conditions
UPUPDOWNDOWN GAMES, LLC
TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. UPUPDOWNDOWN may modify these Terms and Conditions at anytime.
Restrictions On Use of Materials
This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by UPUPDOWNDOWN, Inc. and/or its subsidiaries (“UPUPDOWNDOWN”) for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.
If you download software from the site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as “Software”) are deemed to be licensed to you by UPUPDOWNDOWN, for your personal, non-commercial home use only. UPUPDOWNDOWN does not transfer either the title or the intellectual property rights to the Software and UPUPDOWNDOWN retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by UPUPDOWNDOWN or its licensors and you may not copy or use them in any manner.
This site is controlled and operated by UPUPDOWNDOWN, Inc. from its offices within the United States of America. UPUPDOWNDOWN makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Disclaimers and Limitation of Liability; Forward-Looking Statements
UPUPDOWNDOWN may change, move or delete portions of, or may add to, this web site from time to time.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. UPUPDOWNDOWN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, LIABILITY OR OTHERWISE. ANY PRODUCTS OR EVENTS INVOLVING THE CONSUMPTION OF ALCOHOL ARE TO BE ENJOYED BY MATURE ADULTS OVER THE LEGAL DRINKING AGE. UPUPDOWNDOWN IS NOT RESPONSIBLE FOR OVER-CONSUMPTION OF ALCOHOL. PLAYERS DRINK RESPONSIBLY.
UPUPDOWNDOWN has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.
TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, UPUPDOWNDOWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UPUPDOWNDOWN DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. UPUPDOWNDOWN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT UPUPDOWNDOWN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL UPUPDOWNDOWN BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF UPUPDOWNDOWN OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL UPUPDOWNDOWN’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO UPUPDOWNDOWN, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Links to Other Web Sites
UPUPDOWNDOWN makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-UPUPDOWNDOWN web site, please understand that it is independent from UPUPDOWNDOWN and that UPUPDOWNDOWN has no control over the content on that web site. A link to a non-UPUPDOWNDOWN web site does not mean that UPUPDOWNDOWN endorses or accepts any responsibility for the content or use of such web site.
In consideration of UPUPDOWNDOWN’s continuing efforts to enhance and improve these products and experiences and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to UPUPDOWNDOWN without any compensation. You agree to execute any and all documents that UPUPDOWNDOWN may reasonably request in connection with confirming UPUPDOWNDOWN’s ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.
This Agreement is effective unless and until terminated by either you or UPUPDOWNDOWN. You may terminate this Agreement at any time by no longer using this web site, provided that all prior uses of this web site shall be governed by this Agreement. UPUPDOWNDOWN may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in UPUPDOWNDOWN’s sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or UPUPDOWNDOWN, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
For information about our privacy practices related to data from children, please see “Special Note About Children’s Privacy” below.
How We Collect Your Data
We collect information that you provide to us when you use our products and services or anytime you are in contact with us. Likely situations when you make personal data available to UPUPDOWNDOWN include, but are not limited to: (i) product purchases, (ii) by using UPUPDOWNDOWN’s mobile apps or visiting our websites, (iii) registration for Services, contests and special events; (iv) accessing Services using a third party ID, such as social networking sites or gaming services; (v) subscribing to newsletters; (vi) purchasing a product or services through UPUPDOWNDOWN’s online stores or within an app (or “in-app purchase”); (vii) using “tell a friend,” “email this page,” or other similar features; (viii) requesting technical or other support; and (ix) otherwise through use of UPUPDOWNDOWN Services where personal data is required for use and/or participation.
UPUPDOWNDOWN may supplement your data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.
Use of Collected Information
We may use your information in order for us, our affiliated companies, or our third party partners, to: (i) fulfill your requests for products, services, and information, including to send you commercial and non-commercial messages and to process orders you have placed; (ii) contact you in connection with our products and services, including for marketing and promotional purposes; (iii) facilitate your use of our products, services and websites; (iv) enable your participation in online games, contests, sweepstakes, surveys, public forums, and other features offered through our products, services and websites; (v) make recommendations and customize the content, features, and advertising available through our products, services and websites; (vi) provide back-end services, including system updates and system messages; (vii) provide free games, applications, trials, and other content; (viii) analyze and facilitate the use of our products, services and websites; (ix) conduct demographic studies; (xii) understand, improve, and develop our products, services and websites; (xiii) prevent potentially illegal or offensive activities; (xiv) enforce our rights or the rights of our users; (xv) verify your identity and prevent fraudulent transactions; and (xvi) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
Ad Serving Technology
UPUPDOWNDOWN reserves the right to use and disclose the collected, non-personal data for purposes of advertising by UPUPDOWNDOWN or UPUPDOWNDOWN’s partners and contractors.
UPUPDOWNDOWN may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services.
UPUPDOWNDOWN or third parties operating the ad serving technology may use demographic and geo-location information (for more information regarding use of Location Data see below Section 3) as well as information logged from your hardware or device to ensure that relevant advertising is presented within the Service. UPUPDOWNDOWN or third parties may collect and use data, for such purposes, including but not limited to, data such as IP address, Device ID, MAC address, installed software, application usage data, hardware type, Operating System information, browser information, unique identifiers in browser cookies, Flash cookies, and HTML5 local storage, Internet and on-line usage information and in-game information.
Some services may include the use of in-game advertisements or brand placement. Such ads or sponsorships will be noted as such within the games.
To the extent UPUPDOWNDOWN makes location enabled Services available and you use such Services, UPUPDOWNDOWN may collect and process your location data to provide location related Services and advertisements. For example, some add-ons or offers may be available at dedicated locations.
UPUPDOWNDOWN may use (1) coarse, network-based geo-location data based on proximity of network towers or the location of WiFi networks, (2) fine geo-location data based on coordinates obtained from a mobile device’s GPS radio, or (3) IP-based location based on the IP address presented by the end-user.
UPUPDOWNDOWN uses your information to perform its own analytics and to enable analytics provided by third parties. We use analytical information for supporting business analysis and operations, business intelligence, product development, improving products and services, personalizing content, providing advertising, and making recommendations. UPUPDOWNDOWN may also use third-parties in order to develop and analyze use of the Services.
If you choose to use UPUPDOWNDOWN’s “tell a friend” or a similar service about UPUPDOWNDOWN Services or order a gift certificate for your friend, UPUPDOWNDOWN may store your friend’s name and contact details that you provide to UPUPDOWNDOWN.
Please note that certain features of the Services may be able to connect to your social networking sites to obtain additional information about you. In such cases, UPUPDOWNDOWN may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to UPUPDOWNDOWN. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. UPUPDOWNDOWN may associate and/or combine as well as use information collected by UPUPDOWNDOWN and/or obtained through such social networking sites.
Disclosure and Transfer of Personal Data
UPUPDOWNDOWN may use third parties to collect and process personal data on UPUPDOWNDOWN’s behalf and in according to UPUPDOWNDOWN’s instructions. UPUPDOWNDOWN is not liable for the acts and omissions of these third parties, except as provided by mandatory law.
UPUPDOWNDOWN may also disclose your personal data to third parties when UPUPDOWNDOWN has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with UPUPDOWNDOWN’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or UPUPDOWNDOWN believes that such disclosure is necessary to protect UPUPDOWNDOWN’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on UPUPDOWNDOWN. To the extent permitted by applicable law, UPUPDOWNDOWN will make reasonable efforts to notify you of such disclosure through UPUPDOWNDOWN’s website or in another reasonable manner.
Data Retention and Correctness
Please note that some data may be further retained if necessary to resolve disputes, enforce UPUPDOWNDOWN user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.
Cookies, beacons and tracking
The Services may use “cookies” and other technologies such as pixel tags, local shared objects, hardware-based device identifiers, Operating System-based identifiers, clear GIFs and web beacons. UPUPDOWNDOWN treats information collected by cookies and similar technologies as non-personal data.
Cookies: A “cookie” is a small file stored by your browser when told to do so by a website. Typically websites place a number of different cookies on an end-user’s machine. Some of the cookies are “1st Party,” from the website itself, and others are “3rd party,” belonging to advertising and analytics entities or social networks. UPUPDOWNDOWN’s cookies do not include personal data and are typically used to quickly identify your device and to “remember” your browser during subsequent visits for purposes of functionality, preferences, and website performance. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.
Flash cookies & HTML5: UPUPDOWNDOWN may also use Flash cookies (local shared objects) and HTML5 local storage. Flash cookies are small files similar to browser cookies, but which are not stored in the browser and can also be used to remember your settings, to personalize the look and feel of the Services, or for advertising and analytics. You may prevent Flash cookies from being stored by following the instructions provided by Adobe at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image (often not visible to the end-user) that allows UPUPDOWNDOWN to count users who have visited certain pages or viewed certain advertisements. Additionally, e-mails and other electronic communications UPUPDOWNDOWN sends to you may contain pixel tags that enable UPUPDOWNDOWN to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.
Third Party Terms and Conditions
Please note that your access to and use of the Services may be subject to certain third party terms and conditions and UPUPDOWNDOWN is not liable for any such third parties’ use of your personal data.
Certain Services that UPUPDOWNDOWN may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID, or gaming network account. In connection with such use, certain personally identifiable user and/or membership data may be transferred automatically to and from UPUPDOWNDOWN.
UPUPDOWNDOWN follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in UPUPDOWNDOWN’s possession.
You may choose to disclose data about yourself in the course of contributing user generated content to the Services.
Any data that you disclose in any of these forums, blogs, chats or the like will become public information, and there is no expectation of privacy or confidentiality with respect to that data.
Special Note about Children’s Privacy
UPUPDOWNDOWN does not knowingly collect personal information from children under 13 years of age. If UPUPDOWNDOWN learns that UPUPDOWNDOWN has inadvertently gathered personal data from children under 13 years of age, UPUPDOWNDOWN will take reasonable measures to promptly delete such personal data from UPUPDOWNDOWN’s records.
UPUPDOWNDOWN understands the need to provide extra privacy protections to users who are children under 13. To that end, features and services such as social networking plug-ins, behaviorally targeted advertising, and collection of data for the purpose of building user profiles are not available to users under 13. UPUPDOWNDOWN also does not allow our third party partners who engage in such practices to access personally identifiable data from users under 13.
UPUPDOWNDOWN and its partners do collect non-personally identifiable data from children. This includes, for example, collection of IP-based geolocation data to ensure that the product, service or features served comply with applicable laws of that nation.
UPUPDOWNDOWN makes good faith efforts to enable you to review, update or correct your personal data in UPUPDOWNDOWN’s possession.
UPUPDOWNDOWN will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request.