Last Modified on April 12, 2018
SECTION 16 OF THIS AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US.
PLEASE READ IT CAREFULLY.
By using the Game, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to download or use the Game.
Tonk Tonk reserves the right to update this Agreement at any time, by posting the most current version of the Agreement on the Site or within the Game, with a new Effective Date shown. All changes in the Agreement are effective as of the Effective Date. Your continued use of the Game after we post any changes to the Agreement signifies your agreement to those changes. If you do not agree to the then-current Agreement, you must immediately stop using the Game.
Your use of the Game is solely controlled by this Agreement, which cannot be changed except by a written agreement signed by both you and an authorized representative of Tonk Tonk. The Game and all associated components are licensed, not sold.
You must be at least 13 years of age to access and use the Game.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF ANY PRIVILEGES ASSOCIATED WITH THE GAME, AS DETAILED BELOW.
- Grant of License
Welcome to UFighter!
The Game is licensed to you by Tonk Tonk for personal use on your mobile smartphone device or other authorized devices. All other uses are prohibited.
- Linked Account; Access
- Your Linked Account. You need to link an account and download the Game through that account in order to use the Game. You may only link an account and use the Game if you are at least 13 years old. If you are at least 13 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an account with us in order for you to access and use the Game.You may link an account by connecting a third-party login (such as your Google Play or Apple App Store account) to the Game.
- Account Ownership. You may not buy, sell, give, or trade any account, nor attempt to buy, sell, give, or trade any account. Any items or downloads associated with your linked account are only licensed to you and are not transferable.
- Suspension of Access. We may, at our sole discretion, immediately suspend or terminate your access to the Game should your conduct, in our sole determination, fail to conform with this Agreement.
- Data Charges. You agree that you are responsible for any internet data charges you incur through use of the Game.
- User Conduct and Content
- Conduct Policy. You are responsible for your conduct as a member of the UFighter community and as a user of the Game.You agree that you will not engage in conduct or communication in connection with the Game which:
- is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
- is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Game an uncomfortable experience for anyone;
- restricts, inhibits, or discourages any other user from using the Game;
- hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Game experience;
- violates any local, state, federal, or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the Game or otherwise interferes with the Game;
- is a “chain letter,” or constitutes “junk mail”;
- specifies or claims that that you are affiliated with Tonk Tonk when you are not, including without limitation an “Administrator,” “Moderator,” or any other employee or agent of Tonk Tonk;
- requests account login information from other users;
- “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
- uses programs to “crack” the Game or other Internet security tools;
- contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Game; or
- anything else that Tonk Tonk, in its sole determination, deems harmful to the Game or to Tonk Tonk’s integrity or business.
- User Generated Content. Any information, material, and content which you and other users post, contribute, share, or otherwise submit through the Game is generally known as “user generated content,” or “UGC” for short. Your UGC includes any posts, uploaded or shared audio, video, or images, or comments posted on any of the Game’s clan chats, public chats, forums, comments sections, or other public and non-public venues.
By posting UGC, you represent (i) that you are the owner of the UGC or have all of the necessary rights to share the content, and (ii) give Tonk Tonk permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
This will include, for example, permission to make your UGC available through the Site to other users or to use it in our advertising. You are granting to every other user of the Site unlimited, non-terminable, and free permission to use all or any part of your UGC for non-commercial purposes.
- Appropriateness of Content. You agree that some content may not be appropriate for sharing in the Game, including content that does not meet Tonk Tonk’s community standards. The decision of what is and is not appropriate is at Tonk Tonk’s sole discretion. YOU AGREE THAT TONK TONK HAS THE RIGHT TO DISABLE ANY UGC, CONTENT, OR LINK THAT YOU HAVE POSTED, WITHOUT ANY NOTICE TO YOU.
- Discoverability of UGC. Tonk Tonk does not guarantee the privacy of any UGC. If you post any UGC in the Game, post a reply to another user’s UGC, or interact with the Game in any way, it may potentially be visible to anyone.
- Virtual Items
- Purchase of Virtual Items. Virtual goods, downloadable content, Game enhancements and modifications, player skins and outfits, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase through the Game, through associated websites or marketplaces, through in-app purchases via your linked account, or may be earned through gameplay. Your election to make a purchase with real currency will be an offer to Tonk Tonk to purchase a license to the Virtual Items at the prices and on the terms set forth in the Game or other point of purchase.
- Your Rights in Virtual Items. You agree that you have no right or title in or to any Virtual Items. Tonk Tonk does not recognize any purported transfers of Virtual Items outside of the Game, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Game. Virtual Items that may be originally acquired by “farming” are subject to confiscation by Tonk Tonk.
- No Sale of Virtual Items. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Game. To be clear, Virtual Items have no real-world value and are licensed, not owned.
- No Refunds of Virtual Items. All sales are final when the transaction has been processed, and no refunds will be given.
- Third-Party Payment Processors. Any dispute arising between you and any third-party payment processer (including a platform holder, such as Apple or Google, a bank, or credit card company) (each, a “Third-Party Provider”) will be resolved directly between you and that Third-Party Provider. Under no circumstances will Tonk Tonk be liable for any obligations incurred by you to that Third-Party Provider in connection with the Game. You agree to indemnify, defend and hold harmless Tonk Tonk, its licensors, affiliates, employees, officers, and directors from and against all liabilities, losses and expenses, including reasonable lawyers’ fees, arising from any Third-Party Provider claim relating to or arising from your access to or use of the Game.
- Game Content
- Access to Content. Game content, including yours and other users’ UGC, Tonk Tonk content, and all other text, videos, images, audio, and other content contained within the Game (the “Content”), is provided to you as-is. You may access this Content for your information and personal use solely as intended through the provided functionality of the Game and as permitted under this Agreement.You may not copy, download, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Tonk Tonk or the respective licensors of the Content, except as permitted under this Agreement. Tonk Tonk and its licensors reserve all rights not expressly granted in and to the Game and the Content.
- Exposure to Content. You understand that when using the Game, you may be exposed to Content from a variety of sources, including other users’ UGC, and that Tonk Tonk is not responsible for prescreening, monitoring, editing, or removing such Content, nor for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.You agree that Tonk Tonk is not responsible for the conduct of any user of the Game. You agree that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.
- Other Rights and Limitations
- Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any copyright or trademark notices that appear anywhere within the Game.
- The license granted under this Agreement is non-transferable. The Game is licensed for your use only and only on a mobile smartphone device or other authorized device. You may not distribute the Game to any third party.
- Prohibition on Reverse Engineering. You may not reverse engineer, decompile, or disassemble the Game, or take any steps to recreate or recover the source code of the Game.
- Support Services. Tonk Tonk may, in its sole discretion, provide you with support services related to the Game (“Support Services”). Tonk Tonk is not required to provide Support Services, unless otherwise required by applicable law. No failure to provide Support Services will be a default of Tonk Tonk under this Agreement.uFighter support may be reached via email at firstname.lastname@example.org.
- Compliance with Applicable Laws. You agree to fully comply with all applicable laws regarding your use of the Game.
The term of this Agreement begins when you first download or access the Game, and continues for as long as you have any copies of the Game in your possession or control. Without prejudice to any other of its rights, Tonk Tonk may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you.
For example, Tonk Tonk may elect to terminate this Agreement if Tonk Tonk, in its sole determination, discontinues the Game, stops supporting or maintaining the Game, ceases to provide updates, no longer offers the Game for license, or believes you have failed to comply with the terms and conditions of this Agreement.
In the event of termination, (i) no refunds will be made; and (ii) you must promptly destroy, uninstall, or delete all copies of the Game in your possession. If modification of the Agreement by Tonk Tonk materially affects your rights in connection with the Game, as determined by Tonk Tonk in its sole determination, Tonk Tonk may, but is under no obligation to, notify you by sending an email message to your last email address known to Tonk Tonk or through the Game. Tonk Tonk has no liability if you do not receive Tonk Tonk’s notification.
Termination of this Agreement can only occur after the deletion of all copies of the Game in your possession, and by deleting your account, if any, by notifying us at email@example.com.
The Game, or third parties (including advertisers or other Game users), may provide links within the Game to other websites, apps, content, or resources (the “Linked Services”), which are not maintained by, or related to Tonk Tonk or the Game.
Links to the Linked Services are provided as a service to our users and are not sponsored by, endorsed, or otherwise affiliated with Tonk Tonk. Tonk Tonk has no control over these Linked Services and any content on them, and makes no representations or warranties about the content, completeness, quality, or accuracy of any such Linked Service.
Because of this, you acknowledge and agree that Tonk Tonk is not responsible for the availability of such links, resources, and content, and that Tonk Tonk does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these Linked Services. You also acknowledge and agree that Tonk Tonk is not responsible or liable, directly or indirectly, for any damage or loss caused by the use of any content, goods, or services offered through these Linked Services or any failures or disruption to your device that results from your use of any such Linked Services, or for any intellectual property or other third party claims relating to your posting or using such Linked Services.
Your conduct and business dealings between you and any third parties found through the Game are solely between you and that third party.
- Tonk Tonk Copyright and Trademark
As between you and Tonk Tonk, all rights in and to the Game and any copies of the Game, are owned by Tonk Tonk. As between you and Tonk Tonk, all title and intellectual property rights in and to the Content which may be accessed through use of the Game is the property of Tonk Tonk or its respective rights holders and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such Content except in and in connection with the Game, as set forth in this Agreement. All rights not expressly granted are reserved by Tonk Tonk.
The “uFighter” name and logo are the exclusive trademarks of Tonk Tonk, and may not be copied or used, in whole or in part, without Tonk Tonk’s prior written permission.
- No Warranties
Tonk Tonk expressly disclaims any warranty in, to, or for the Game. The Game is provided “As Is,” without any express or implied warranty of any kind.
UFIGHTER EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
You assume the entire risk associated with your operation of the Game.
Tonk Tonk does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the Game. Tonk Tonk makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Tonk Tonk further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Game. Tonk Tonk cannot guarantee the integrity of the Game or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Game is loaded and operating.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
- Limitation of Liability
In no event will Tonk Tonk be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of your use of, or inability to use, the Game, or the use or inability to use the Game by any party that may have access to the Game by or through you, even if Tonk Tonk has been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise.
Tonk Tonk has no liability with respect to user conduct, UGC, the Content of the Game, or any part of the Game, including but not limited to, errors or omissions, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, the liability of Tonk Tonk and its affiliates will be limited to the fullest extent permitted by law in such states or jurisdictions.
Tonk Tonk has no liability with respect to any third-party content, including but not limited to advertisements, videos, images, or other content displayed as part of the Game.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF UFIGHTER FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO USD $100.
You agree to indemnify and hold Tonk Tonk, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Agreement by you, including any use of UGC or Content other than as expressly authorized in these Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection with that breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Game.
- Digital Millennium Copyright Act
If you are a copyright owner or their agent, and believe that any content in the Game infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the us to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached by physical or electronic mail at the following addresses:
Tonk Tonk Games, LLC
Attn: Copyright Agent
2037 Lemoine Avenue #287
Fort Lee, NJ 07024
- Dispute Resolution and Governing Law
This Agreement will be governed by and construed in accordance with the laws of the United States of American and the State of New Jersey. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods will not apply to these Terms.
Except as provided in the Binding Arbitration section below (and claims proceeding in any small claims court), you agree that any claim, legal proceeding, or litigation arising in connection with your use of the Service will be brought exclusively in or near New York, NY, and you consent to the exclusive jurisdiction of the federal and state courts in or near New York, NY. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
- Binding Arbitration
- Agreement to Arbitrate Disputes. You and Tonk Tonk agree that, except as provided in Section 16.5 below, all disputes arising from or related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section and the JAMS Rules, the terms in this Section will control and prevail.
- Arbitration Procedures. Except as otherwise set forth in Section 16.5 below, you may seek any non-injunctive remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Tonk Tonk will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of their decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court, rather than an arbitrator.Except as otherwise provided in this Agreement, (i) you and Tonk Tonk may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND TONK TONK WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- The arbitration will be conducted in New York, NY, unless the parties agree to video, phone, or internet connection appearances.
- You and Tonk Tonk agree that any arbitration will be limited to the Claim between Tonk Tonk and you individually. YOU AND TONK TONK AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and Tonk Tonk agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of you or Tonk Tonk’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.
- Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be apportioned according to the JAMS Rules.
- You and Tonk Tonk agree that if any portion this Section is found illegal or unenforceable (except any portion of Section 16.5), that portion will be severed, and the remainder of the Section will be given full force and effect. If Section 16.5 is found to be illegal or unenforceable, then neither you nor Tonk Tonk will elect to arbitrate any Claim falling within that portion of Section 16.5 found to be illegal or unenforceable. Such Claim will be exclusively decided by a court of competent jurisdiction in or near the City of New York, NY, and you and Tonk Tonk agree to submit to the personal jurisdiction of that court.
- California Residents: General Release
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- Miscellaneous Terms
- No Waiver. The failure of Tonk Tonk to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Tonk Tonk must be in writing and signed by an authorized representative of Tonk Tonk.
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
- Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
For any questions, or to report any violations of this Agreement to Tonk Tonk, please email us at firstname.lastname@example.org.