GREENHOUSE GAMES INC.
TERMS AND CONDITIONS OF USE
Last Updated: October 18, 2017
These Terms of Use (the “Terms of Use”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Greenhouse Games Inc., a company incorporated under the laws of British Columbia and having an address at #205 – 9240 Young Road, Chilliwack, British Columbia V2P 4R2 (“GHG”, “we”, “our” or “us”), located at www.greenhousegames.ca (the “Site”) as well as GHG’s CannaFarm game available from the Google Play Store and the Apple App Store (the “Game”).
1. ACCEPTANCE OF TERMS AND CONDITIONS
THESE TERMS OF USE CONSTITUTE YOUR AGREEMENT WITH GHG WITH RESPECT TO YOUR USE OF THE SITE AND THE GAME. BY ACCESSING, INSTALLING, OR MAKING USE OF THE SITE OR THE GAME, YOU ARE DEEMED TO HAVE REVIEWED, UNDERSTOOD AND ACCEPTED, ON YOUR OWN BEHALF AND ON BEHALF OF ANY PERSON ON WHOSE BEHALF YOU MAY BE ACTING, THESE TERMS OF USE AND TO HAVE AGREED WITH GHG TO BE BOUND HEREUNDER. YOU MUST COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE IN ORDER TO USE THE SITE AND THE GAME.
BY ACCEPTING THESE TERMS OF USE, YOU REPRESENT TO GHG THAT YOU: (A) ARE EITHER: (I) OF THE AGE OF MAJORITY AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT WHERE YOU LIVE, OR (II) IF YOU ARE UNDER THE AGE OF MAJORITY WHERE YOU LIVE, THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS OF USE ON YOUR BEHALF; (B) 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 (C) ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
You should also read the GHG Privacy Policy located at http://www.greenhousegames.ca/canna-farm/app-privacy-policy/, as it may be amended from time to time in the future (the “Privacy Policy”), which is incorporated by reference into these Terms of Use. If you do not accept and agree to be bound by all of the terms of these Terms of Use, including the Privacy Policy, do not use the Site or the Game.
Whether you access the Game from a social network or download the Game from the Google Play Store or the Apple App Store, you must also comply with that platform’s terms of service/use in addition to these Terms of Use.
2. CHANGES TO TERMS OF USE AND GAME
WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME. SUCH MODIFIED TERMS OF USE WILL BECOME EFFECTIVE UPON OUR POSTING SUCH TERMS OF USE TO THE SITE. YOUR CONTINUED USE OF THE SITE AND/OR THE GAME AFTER SUCH A MODIFICATION HAS BEEN POSTED SHALL BE DEEMED TO CONSTITUTE IRREVOCABLE ACCEPTANCE BY YOU OF ANY SUCH MODIFIED TERMS OF USE. IT IS YOUR OBLIGATION TO REVIEW THE TERMS OF USE AND TO BECOME AWARE OF ANY MODIFICATIONS.
GHG MAY TERMINATE, CHANGE, SUSPEND OR DISCONTINUE ANY ASPECT OF THE SITE OR THE GAME AT ANY TIME WITHOUT NOTICE TO YOU. GHG reserves the right, but not the duty, to correct any errors or omissions in any portion of the Game at any time without notice.
3. GAME USER ACCOUNTS
The Site and the Game may be generally accessed by the public, but your participation in the Game will automatically generate a standard account that you can use for the Game, which is linked to the device through which you access the Game (a “Base Account”). You may choose to link your Base Account to your Facebook profile or other social media account, in which case you permit GHG to access, display and use certain information from your Facebook or other social media account, including but not limited to your profile pictures and display name (a “User Account”). The term “Account” when used throughout this agreement means any type of account, including Base Accounts and User Accounts.
THE SITE AND THE GAME ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES GHG KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO GHG.
You are solely responsible for the activity that occurs on your Account, and you must keep your User Account password secure and not disclose it to any person or permit any other person to use it. You must notify GHG immediately of any breach of security or unauthorized use of your Account. Although GHG will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of GHG or others due to such unauthorized use. GHG expressly forbids the use of multiple Accounts to gain an unfair advantage over other players.
4. ACCESSING THE GAME
If you are accessing the Game from your mobile device, you may need an account with the company that provides your mobile applications, like an iTunes account. You may need to update third party software from time to time to receive the Game.
We provide the Game. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the internet and app stores, and for data or cellular usage to download and use the Game, as applicable.
5. ACCOUNT SUSPENSION/TERMINATION
GHG RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Additionally, GHG may stop offering and/or supporting the Game at any time. Accounts terminated by GHG will not be reinstated.
You may terminate your Base Account at any time for any reason by deleting the Game from your device. You may terminate your User Account at any time by unlinking your Facebook or other social media account from your Base Account and deleting the Game from your device.
6. OWNERSHIP OF CONTENT
All rights and title to the Site and the Game, and all content and information included in the Site and the Game including without limitation, Accounts, data, computer code, titles, objects, artifacts, characters, character names, locations, location names, icons, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, Virtual Items (defined below), audio-visual effects, character likeness and methods of operation, including any improvements, enhancements or modifications thereto (collectively, the “Works”) are owned by GHG or its licensors, and are protected by Canadian and international intellectual property laws. GHG and its licensors reserve all rights in connection with the Works. Additionally, GHG does not authorize you to make any use whatsoever of any GHG trademarks, service marks, trade names, logos, domain names, taglines and/or trade dress (collectively, the “Marks”) under any circumstances without a written license agreement. Any reproduction, redistribution or modification of the Site or the Game, or use of the Site or the Game not in accordance with these Terms of Use, is expressly prohibited by law and may result in severe civil and criminal penalties.
So long as you abide by these Terms of Use, GHG grants you a non-exclusive, non-transferable, revocable limited licence subject to the limitations in these Terms of Use to access and use the Game using a GHG supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Game for any other purpose.
7. GAME ASSETS, VIRTUAL CURRENCY AND VIRTUAL ITEMS
When using the Game, you may accumulate in-game assets associated with your Account, including, without limitation, coins, gems, seeds, buds, cookies, brownies, butter, hash, shatter, greenhouses, plants tiles, breeding areas, storage areas, dispensaries (including decorations), or any other in-game acquisition that is purchased, earned, acquired, paid for, traded for, crafted, revealed or unlocked by you (collectively, “Game Assets”) that exist on servers operated by GHG as data. Game Assets are accumulated as part of your Account and therefore you have no ownership or other property interest in any of those Game Assets. GHG has the right, but not the obligation, to delete, alter, move, remove or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. GHG does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data existing on servers operated by GHG, including without limitation the Game Assets associated with your Account.
If you have a valid, active Account, you may participate in our redeemable point system that operates like virtual currency (“Virtual Currency”) used to license certain Game Assets that can be used while playing the Game, including, without limitation, , coins, gems, seeds, buds, cookies, brownies, butter, hash, shatter, greenhouses, plants tiles, breeding areas, storage areas, dispensaries (including decorations) (collectively, “Virtual Items”). Virtual Currency can be purchased online through your Google or Apple account, and if you choose to purchase Virtual Currency through one of these third party providers, you agree to be bound by such third party provider’s payment terms and acknowledge that GHG is not a party to any such transaction. Virtual Currency might also be provided to you by GHG as part of a promotion, or through other means, such as completing certain quests or achievements in the Game. You are solely responsible for paying any applicable taxes related to the acquisition of, use of or access to Virtual Currency. Virtual Currency are sold or issued in bundles and the price may vary depending on the amount you purchase and where you are purchasing. GHG may limit the total amount of Virtual Currency or Virtual Items that may be purchased at any one time, and/or limit the aggregate amount of Virtual Currency that may be held in your Account, at its sole discretion. GHG will notify you in the event that you near any such limit. Additionally, price and availability of Virtual Currency and/or Virtual Items are subject to change without notice.
You are solely responsible for verifying that the proper amount of Virtual Currency has been added to or deducted from your Account during any given transaction, and for notifying GHG immediately should you believe that a mistake has been made with respect to your Virtual Currency balance. GHG will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. GHG will inform you of the results of the investigation, however, you acknowledge and agree that GHG has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE VIRTUAL CURRENCY AND THE VIRTUAL ITEMS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. NO REFUNDS WILL BE MADE FOR THE PURCHASE OF VIRTUAL CURRENCY OR FOR VIRTUAL ITEMS OBTAINED USING VIRTUAL CURRENCY. Some Virtual Items you obtain may have expiration dates while others do not, and each Virtual Item you obtain using Virtual Currency will be included in your Account until the earlier of that Virtual Item’s expiration date, or your Account’s expiration or termination date, or such date when GHG ceases to offer or support the Game.
The sale or transfer of Virtual Items or Virtual Currency between users of the Game may only be conducted using services approved of and provided by GHG, if any, and GHG may terminate any Account that violates this prohibition.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GHG. GHG PROVIDES YOU WITH A LIMITED LICENSE TO USE YOUR ACCOUNT, THE GAME ASSETS, VIRTUAL ITEMS AND VIRTUAL CURRENCY WHILE GHG OFFERS THE GAME. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAME ASSETS, VIRTUAL ITEMS OR VIRTUAL CURRENCY THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY OR VIRTUAL ITEMS. FURTHERMORE, GHG SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME ASSETS, VIRTUAL ITEMS OR VIRTUAL CURRENCY, INCLUDING BUT NOT LIMITED TO THE DELETION OF GAME ASSETS, VIRTUAL ITEMS OR VIRTUAL CURRENCY UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
8. UNSOLICITED IDEA SUBMISSIONS
GHG does not accept or consider unsolicited ideas, original creative artwork or other works, including, but not limited to, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Do not send your Unsolicited Ideas to GHG or its employees and/or contractors. If you submit your Unsolicited Ideas to GHG, you agree to grant GHG and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform and display, digitally perform, make, have made, sell, offer for sale, commercially exploit and import your Unsolicited Ideas for any purpose without condition or compensation to you. You will do anything necessary or desirable, including signing documents, to ensure that GHG has all the rights noted above. You also give up any claim that any use by GHG and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas included therein.
9. PRIZES
GHG may provide prizes to users of the Game to enhance the Game experience, at is sole and absolute discretion.
10. PROHIBITED CONDUCT
When using the Site and the Game, you agree to comply with all applicable laws, as well as the following rules (the “Game Rules”). GHG reserves the right to suspend, terminate, modify or delete your account at any time for any breach of the Game Rules, with or without notice to you, and with no liability of any kind to you. The Game Rules are not a complete list, and GHG may modify the Game Rules at any time, as well as take appropriate disciplinary measures to protect the integrity and spirit of the Game, regardless of whether a specific behaviour is listed here as prohibited.
The following are examples of prohibited conduct:
a) using scripts and/or any other performance-enhancing methods to gain items or otherwise gain any advantage in the Game;
b) participating in any action which, in the sole and exclusive judgment of GHG, “exploits” an undocumented aspect of the Game in order to secure an unfair advantage over other users;
c) cheating, or using, developing, or distributing automation software (“bots”), “Macro” software, or any other “cheat utility” software or programs designed to change the Game experience to the detriment of fair play;
d) breaking or otherwise assisting with the disruption of (i) any computer used to support services or (ii) the experience of any other user;
e) uploading files that contain viruses, time bombs, trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage the operation of the Game or the Site or the devices of other users;
f) utilizing the Game or the Site or any part thereof for commercial purposes;
g) promoting or encouraging illegal activity including, without limitation, hacking, cracking, or distribution of counterfeit software, or cheats or hacks for the Game; and
h) reproducing, translating, reverse-engineering, modifying, disassembling, or decompiling, in whole or in part, or creating derivative works of the Game or the Site.
With respect to any discussion boards or any messaging features within the Game, you agree to act in a respectful manner and conduct yourself in a way appropriate for all users. The following are examples of prohibited conduct with respect to any discussion boards or messaging features within the Game:
a) using profanity, including short forms for profanities, punctuation marks used in place of profanities, and colloquial versions of profanities that are generally accepted on television as not being swear words;
b) using racist or derogatory terms;
c) transmitting or communicating any content which GHG solely determines is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit or racially, ethnically or otherwise objectionable;
d) spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
e) harassing, stalking or threatening other users;
f) insulting other users or posting false/misleading information about other users;
g) creating excessive amounts of meaningless or repetitive threads, or any other content considered as spam at the discretion of GHG;
h) creating posts which mention or link to any GHG product or service content that has yet to be released (images, descriptions, flash movies, etc.);
i) showing prejudice or discrimination against others (towards an individual, people, a race/ethnic group, a religion/belief, etc.);
j) advertising products or services, including Facebook applications.
11. THIRD PARTY GAMES
This Game may include links to other websites or resources and businesses operated by third parties and persons other than GHG (collectively “Third Party Games”). Third Party Games are independent from GHG, and GHG has no responsibility or liability for or control over Third Party Games, their business, goods, services, or content. Your use of Third Party Games and your dealings with the owners or operators of Third Party Games is at your own risk, and you will not make any claim against GHG arising from, connected with, or relating to your use of Third Party Games or your dealings with the owners or operators of Third Party Games. GHG makes no representations or warranties regarding, and does not endorse, any Third Party Games, the contents thereof, the information appearing thereon or any of the products or services described thereon. Links to Third Party Games do not imply that GHG sponsors, endorses or is affiliated or associated with the person that owns or is responsible for such Third Party Game.
12. LINKING TO GAME
You may link to this Game provided you comply with the linking conditions described below (collectively, the “Game Linking Terms”):
a) A link may be established to the following home page of this Game at http://www.greenhousegames.ca/canna-farm/
b) If you link to this Game, your website:
i. may not imply that GHG is endorsing you or your products or services;
ii. may not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of GHG;
iii. may not misrepresent your relationship with GHG or present false or misleading impressions about GHG or its services; and
iv. may not contain content that is illegal or may be interpreted as distasteful or offensive;
c) GHG shall have no responsibility or liability for any content appearing on your website;
d) GHG may, at any time and in its sole discretion, immediately terminate your right to link to this Game, with or without cause. If GHG exercises this right, you will immediately remove all links to this Game; and
e) Without limiting the generality of the foregoing, regardless of whether a link has been permitted by GHG, GHG is not responsible for the contents of any website that is linked to this Game. GHG makes no representations or warranties, and does not endorse, any website that is linked to this Game, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to this Game does not imply that GHG sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.
By linking to this Game, you will be deemed to have reviewed, understood and accepted, on your own behalf and on behalf of any person on whose behalf you may be acting, the Game Linking Terms and agreed with GHG to be bound hereunder.
13. DISCLAIMER
YOUR USE OF THE SITE AND THE GAME ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND THE GAME ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GHG DOES NOT WARRANT THAT THE SITE OR THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, SPYWARE OR OTHER HARMFUL COMPONENTS. GHG MAY MAKE CHANGES OR IMPROVEMENTS TO THE GAME AT ANY TIME. GHG MAKES NO WARRANTIES THAT YOUR USE OF THE GAME WILL NOT INFRINGE THE RIGHTS OF OTHERS.
14. LIMITATION OF LIABILITY
GHG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES, AND ANYONE FOR WHOM ANY OF THE FOREGOING IS RESPONSIBLE AT LAW (THE “GHG RELATED PARTIES”), WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SITE OR THE GAME. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF GHG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GHG AND THE GHG RELATED PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL ITEMS OR VIRTUAL CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR OTHER ACCOUNT INFORMATION STORED BY THE GAME. GHG SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. GHG AND THE GHG RELATED PARTIES ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ERRORS OR OMISSIONS IN POSTINGS, FOR HYPERLINKS EMBEDDED IN MESSAGES OR FOR ANY RESULTS OBTAINED FROM THE USE OF THE INFORMATION CONTAINED IN DISCUSSION BOARDS OR OTHER MESSAGING FEATURES ON THE SITE OR THE GAME.
IN NO EVENT SHALL GHG BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO GHG FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
15. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GHG AND THE GHG RELATED PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL), OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, LEGAL FEES AND OTHER EXPENSES ARISING FROM OR IN CONNECTION WITH YOUR USE OF AND ACCESS TO THE GAME AND THE SITE, OR ANY VIOLATION BY YOU OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT. GHG reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GHG in asserting any available defenses.
16. APPLE SPECIFIC TERMS
If you download, purchase or otherwise acquire any products or services of GHG, including without limitation the Game, through the “App Store” provided by Apple Inc. (“Apple”) or are otherwise using the Game through an iOS device, you agree to be bound by the additional terms and conditions set forth below:
(a) You acknowledge that these Terms of Use are concluded between you and GHG only, and not with Apple, and that GHG, not Apple, is solely responsible for the products or services of GHG, including without limitation the Game and the content thereof.
(b) Notwithstanding anything to the contrary in these Terms of Use, the license granted to you hereunder with respect to the Game is limited to a non-transferable license to use the Game on any iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
(d) GHG is solely responsible for any product warranties, if any, made under these Terms of Use. In the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Game, if any, to you. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game, and that, subject to the terms of these Terms of Use, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be GHG’s sole responsibility.
(e) You acknowledge that GHG, not Apple, is, subject to the terms of these Terms of Use, responsible for addressing any claims made 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; and (iii) claims arising under consumer protection or similar legislation.
(f) You acknowledge that, 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, GHG, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
(g) 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.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
17. OUR POLICIES CONCERNING CHILDREN
17.1 CHILDREN UNDER THE AGE OF 13
If you are under the age of 13, you may not create an account on the Site or play our Game.
17.2 KIDS BETWEEN THE AGES OF 13 AND 18
If you are between the ages of 13 and 18, you must have your parent or guardian read these Terms of Use and get his or her permission before you use the Game, give us any of your personal identifiable information, or use any of our message board or chat features. Never tell anyone online anything private about yourself or your family, including your phone number and address, unless your parent or guardian has approved. Understand that certain social media platforms that we may use to distribute our games may have this information visible. Use screen names whenever possible to protect your identity. Some areas of the Game may have special rules for children under the age of 18. When you are in those areas, you must follow those rules.
17.3 INFORMATION FOR PARENTS/GUARDIANS
GHG encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the Internet, including our Game. Parents and guardians should regularly oversee their children’s use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.
If you are a parent or guardian who has discovered that your child has submitted his or her personal information to GHG without your permission or consent, GHG will take reasonable steps to remove that information from the GHG database at your request. To request removal of your child’s information, please send us an e-mail to: Support@greenhousegames.ca and be sure to include in your message your contact information.
18. GENERAL
18.1. ASSIGNMENT
You may not transfer or assign any rights or delegate any obligations under these Terms of Use to any other person without GHG’s prior written consent.
18.2. SEVERABILITY
In the event any provision contained in these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and you and GHG hereby agree to substitute for the invalid provision, the provision that most closely approximates the intent and economic effect of the invalid provision.
18.3. CHOICE OF LAW
These Terms of Use and the performance of the covenants contained herein shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to any provision regarding conflict of laws. The courts located in the City of Vancouver, in the Province of British Columbia, shall have exclusive jurisdiction to hear any disputes arising under these Terms of Use.
18.4. ENTIRE AGREEMENT
The terms and conditions contained in these Terms of Use supersede all prior or contemporaneous agreements, representations, warranties and understandings relating to the subject matter contained herein. No amendment to or modification of these Terms of Use will be binding unless in writing and signed by GHG or a duly authorized representative of GHG.
18.5 SURVIVAL
If your access to the Game or your Account is terminated for any reason, all terms of these Terms of Use survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.