The terms of this agreement (“Terms of Service”) govern the relationship between you and Cowbeans and its affiliates (hereinafter “Cowbeans” or “Us” or “We”) regarding your use of Cowbeans’s games, websites and related services (the “Service”). Use of the Service is also governed by Cowbeans’s Privacy Policy.
BY INSTALLING, USING OR OTHERWISE ACCESSING COWBEANS’S GAMES, YOU ARGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Cowbeans reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Cowbeans Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Cowbeans Privacy Policy, or any other Cowbeans policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
License Grant and Terms of Use.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Cowbeans policies, Cowbeans grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Cowbeans, or previously been banned from playing any Cowbeans game;.
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree that you will not, under any circumstances:
Engage in any act that Cowbeans deems to be in conflict with the spirit or intent of the Service or make improper use of Cowbeans’s support services.
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Cowbeans Game or any Cowbeans game experience or without Cowbeans’s express written consent, modify or cause to be modified any files that are a part of the Service or any Cowbeans game.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Cowbeans game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Cowbeans, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Cowbeans employees, including Cowbeans’s customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Cowbeans employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Cowbeans game, or to obtain any information from the Service or any Cowbeans game using any method not expressly permitted by Cowbeans.
Solicit or attempt to solicit personal information from other users of the Service or any Cowbeans game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Sell or otherwise transfer any of the virtual items, virtual currency, points, or any other content or information from the Services, in whole or in part, on internet auction sites (such as eBay or IGE), hack sites, private server sites, gold farming sites, or any other third-party sites or services or in return for anything of value (whether real money or otherwise)
Cowbeans reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Cowbeans reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, COWBEANS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO COWBEANS SERVICES OR PORTIONS THEREOF IF YOU ARE, OR COWBEANS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND COWBEANS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Cowbeans reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Cowbeans shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF COWBEANS.
Virtual Items
Cowbeans owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Cowbeans games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Cowbeans game, whether earned in a game or purchased from Cowbeans, or any other attributes associated with an Account or stored on the Service.
User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Cowbeans game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Cowbeans in accordance with its Privacy Policy. Cowbeans reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.
Content Screening
Cowbeans assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Cowbeans chooses, in its sole discretion, to monitor the Service, Cowbeans nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
License
You hereby grant to Cowbeans an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Cowbeans the right to authorize others to exercise any of the rights granted to Cowbeans under these Terms of Service. You further hereby grant to Cowbeans the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Cowbeans does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Cowbeans has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Cowbeans games. Cowbeans reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Cowbeans to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Cowbeans access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (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.
Fees and Purchase Terms
Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Cowbeans games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
Cowbeans may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Cowbeans shall have no liability to you or any third party in the event that Cowbeans exercises any such rights. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Cowbeans, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in Cowbeans games is a service provided by Cowbeans that commences immediately upon acceptance by Cowbeans of your purchase.
Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Cowbeans may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT COWBEANS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Updates to the Service
You understand that the Service is an evolving one. Cowbeans may require that you accept updates to the Service and to Cowbeans’s games you have installed on your device. You acknowledge and agree that Cowbeans may update the Service and Cowbeans games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Cowbeans’s Games.
Limited Warranty
No warranties are granted express or implied, other than as expressly required by the applicable law, given the case. Except for any LIMITED WARRANTY, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COWBEANS’S GAME ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF QUALITY AND PERFORMANCE RESIDES WITH YOU. COWBEANS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COWBEANS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OUR GAMES; THAT OPERATION OF COWBEANS GAMES WILL BE ERROR-FREE, OR THAT COWBEANS GAMES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN COWBEANS GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY COWBEANS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, COWBEANS GAMES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT COWBEANS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, COWBEANS GAMES.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT COWBEANS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COWBEANS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF COWBEANS GAMES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF COWBEANS GAMES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL COWBEANS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID COWBEANS OR ITS LICENSORS, IN RELATION WITH COWBEANS GAMES, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. Â
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID COWBEANS OR ITS LICENSORS ANY AMOUNTS IN RELATION WITH COWBEANS GAMES, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COWBEANS IS TO STOP USING COWBEANS GAMES AND TO UNINSTALL IT FORM YOUR MOBILE DEVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF COWBEANS. Â
Indemnification
YOU SHALL INDEMNIFY AND HOLD COWBEANS AND ITS AFFILIATES, OFFICERS, AGENTS, PLATFORM PARTNERS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
Severability
You and Cowbeans agree that if any portion of these Terms of Service or of the Cowbeans Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
Disputes
You agree that any action at law or in equity arising out of, or relating to, these Terms or Cowbeans will be filed only in the provincial court of Ontario or in the Federal courts, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Cowbeans does not get involved in player-to-player disputes. Our focus is to make our games as fair and balanced as possible and we are committed to doing this on an ongoing basis.
Assignment
Cowbeans may assign or delegate these Terms of Service and/or the Cowbeans Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Cowbeans’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
Supplemental Policies
Cowbeans may publish additional policies related to specific services such as forums, or contests. Your right to use such services is subject to those specific policies and these Terms of Service.
Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Cowbeans Privacy Policy), contain the entire understanding of you and Cowbeans, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
No Waiver
The failure of Cowbeans to require or enforce strict performance by you of any provision of these Terms of Service or the Cowbeans Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Cowbeans’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Cowbeans of any provision, condition, or requirement of these Terms of Service or the Cowbeans Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Cowbeans shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Cowbeans.
Should you have any questions or concerns regarding these Terms, please contact us through our website at www.cowbeans.com.