TERMS OF SERVICE

ENGLISH

The terms of this agreement ("Terms of Service") govern the relationship between you and YOUNGVINE, (hereinafter "YOUNGVINE" or "Us" or "We") regarding your use of YOUNGVINE's games, websites and related services (the "Service"). Use of the Service is also governed by YOUNGVINE's Privacy Policy and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service, including browsing any YOUNGVINE website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE 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.

YOUNGVINE reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant YOUNGVINE policies at any time by posting the amended terms on the YOUNGVINE 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 YOUNGVINE Privacy Policy, or any other YOUNGVINE 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.

  1. License
    1.1. Grant of a Limited License to Use the Service
    Subject to your agreement and continuing compliance with these Terms of Service and any other relevant YOUNGVINE policies, YOUNGVINE grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license 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 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 (or attempt to) purchase, 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 YOUNGVINE, or previously been banned from playing any YOUNGVINE 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 or misleading messages to anyone.
    Login information and Your Account
    You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify YOUNGVINE and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
    YOUNGVINE reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
    The Service supports only one Account per game on a supported device.
    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 YOUNGVINE deems to be in conflict with the spirit or intent of the Service or make improper use of YOUNGVINE's support services.
    Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any YOUNGVINE game or any YOUNGVINE game experience.
    Modify or cause to be modified any files that are a part of the Service or any YOUNGVINE game without YOUNGVINE's express written consent.
    Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing YOUNGVINE's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
    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 YOUNGVINE 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 YOUNGVINE, 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 or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
    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 YOUNGVINE employees, including YOUNGVINE'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 YOUNGVINE 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 YOUNGVINE game, or to obtain any information from the Service or any YOUNGVINE game using any method not expressly permitted by YOUNGVINE.
    Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any YOUNGVINE game.
    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.
    Use any YOUNGVINE game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
    use our services for any commercial purpose or for the benefit of any third party, except as expressly permitted by YOUNGVINE or otherwise by us from
    time to time, including any of the following activities:
    making postings about a product or service offered by you or by any company in which you hold a direct or indirect interest;
    making postings (whether written by you or anyone else) in exchange for money or other benefits or compensation from any third party;
    posting information about product or shipping availability from third party suppliers, whether such third parties are in competition with us or not; or
    asking any other postings not in good faith;
    YOUNGVINE 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. YOUNGVINE 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.
    1.2. Suspension and Termination of Account and Service
    WITHOUT LIMITING ANY OTHER REMEDIES, YOUNGVINE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR YOUNGVINE 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 IN THE SERVICE 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 YOUNGVINE 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.
    YOUNGVINE RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
    YOUNGVINE 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, YOUNGVINE shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
    You may terminate your Account at any time and for any reason.
  2. Ownership
    2.1. Games and Service
    All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a YOUNGVINE game client, and the YOUNGVINE game clients and server software) are owned by YOUNGVINE. YOUNGVINE reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
    2.2. Accounts
    NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, YOU JUST HAVE THE RIGHT TO USE 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 YOUNGVINE.
    2.3. Virtual Items
    You acknowledge and agree: (a) that YOUNGVINE may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that YOUNGVINE has no liability to You for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. YOUNGVINE reserves the right, without prior notification, to limit the quantity of the Virtual Items You can purchase and/or to refuse to allow You to purchase such Virtual Items. You acknowledge and agree that YOUNGVINE shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. YOUNGVINE may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. YOUNGVINE owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. 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 Items therein, whether “earned” in a game or “purchased” from YOUNGVINE.
  3. User Content
    3.1User Conduct
    You may be required to register an account (the “Account”) on the Service. Your use of the Service is governed by and maintained and enforced by YOUNGVINE through “User Conduct.” You are entirely responsible for knowing, understanding, and abiding by User Conduct. The User Conduct rules are not exhaustive, and YOUNGVINE reserves the right to determine which conduct is considered to be outside the spirit of the Games and to take disciplinary measures, including the termination and deletion of user accounts, prohibiting user from using the Service in whole or in part. User Conduct governs all aspects of your interaction with the Games, including, without limitation, selecting an in-game name, posting messages, interacting with other users, and otherwise accessing the Games.
    You acknowledge and agree that if YOUNGVINE finds, at its sole discretion, that you have violated User Conduct, you may no longer have access to the violating item/items and/or YOUNGVINE reserves the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part.
    3.2. Submission of User Content
    "User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a YOUNGVINE 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 or misleading; (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 YOUNGVINE in accordance with its Privacy Policy.
    The Service may include various forums, blogs, and chat rooms where You and other users can post Your observations and comments on designated topics (“User Content”). YOUNGVINE cannot guarantee that other users will not use the ideas and information that You share. Therefore, if You have an idea or information that You would like to keep confidential do not post it on the Service. YOUNGVINE IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, You hereby grant to YOUNGVINE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. YOUNGVINE does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that You may have to use and exploit any such User Content. You acknowledge and agree that You are solely responsible for all User Content that You make available through the Service. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that You make available through the Service or that You have all rights, licenses, consents and releases that are necessary to grant to YOUNGVINE the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or YOUNGVINE’ use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. YOUNGVINE may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by YOUNGVINE, and these communications should not be considered reviewed or approved by YOUNGVINE. By using the Service You acknowledge and accept that You may be exposed to material You find offensive or objectionable. You are solely responsible for Your activities in connection with User Content and You agree that YOUNGVINE will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content. YOUNGVINE reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, YOUNGVINE shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. YOUNGVINE welcomes and encourages Your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of YOUNGVINE and You hereby irrevocably assign to YOUNGVINE and agree to irrevocably assign to YOUNGVINE all of Your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At YOUNGVINE’ request and expense, You will execute documents and take such further acts as YOUNGVINE may reasonably request to assist YOUNGVINE to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
    3.2.1. Content Screening
    YOUNGVINE 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.
    YOUNGVINE 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. If at any time YOUNGVINE chooses, in its sole discretion, to monitor the Service, YOUNGVINE 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.
    3.3. Information Use by Other Members of the Service
    3.3.1. Public Discourse
    The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. YOUNGVINE cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. YOUNGVINE shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
    3.3.2. Responsible For Your Own Content
    You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. YOUNGVINE may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of YOUNGVINE violates these Terms of Service.
    3.3.3. Your License to YOUNGVINE
    You hereby grant to YOUNGVINE 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 YOUNGVINE the right to authorize others to exercise any of the rights granted to YOUNGVINE under these Terms of Service. 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. YOUNGVINE 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. YOUNGVINE has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
    3.4. 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 YOUNGVINE games. YOUNGVINE reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with YOUNGVINE to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting YOUNGVINE 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.
  4. Fees and Purchase Terms
    4.1.Purchases
    When conducting online purchases with YOUNGVINE.com, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or if YOUNGVINE has reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, YOUNGVINE has the right to void related financial transactions, to revoke all associated software licenses acquired via such transactions, and to refer to appropriate authorities the details of such incidents.
    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 YOUNGVINE 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.
    YOUNGVINE may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. YOUNGVINE shall have no liability to you or any third party in the event that YOUNGVINE 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, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to YOUNGVINE, another user or any third party.
    ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE,UNLESS OTHERWISE AGREED.
    The provision of Virtual Items for use in YOUNGVINE games is a service provided by YOUNGVINE that commences immediately upon acceptance by YOUNGVINE of your purchase.
    4.2. Payment of Fees
    You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you（including telecommunications and other costs and expenses that may arise from the use of authorized items）. YOUNGVINE may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT YOUNGVINE 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.
  5. Refunds
    If you give your account or payment details to someone else, appear to be abusing our policies, or don’t protect your account with authentication, we usually can’t issue a refund.
    In case of refund, payment processor's standard terms and conditions regarding refunds will apply. User refunds are exclusive of taxes previously charged to users for product purchases.
    5.1 Special refund regulation for Google Play
    If the purchase isn’t what you expected, doesn’t work, or you don’t want it any more, you can:
    Request a refund on the Google Play website. If it’s less than 48 hours since you bought an app or made an in-app purchase, you can request a refund through Google Play.
    5.2 Special refund regulation for AppStore
    You can report to Apple a problem with any purchase that you've made using the link http://reportaproblem.apple.com/.  If technical problems prevent or unreasonably delay delivery the Game, your exclusive and sole remedy is either replacement of the Game or refund of the price paid, as determined by Apple. From time to time, Apple may refuse a refund request if Apple finds evidence of fraud, refund abuse, or other manipulative behavior. Please see https://support.apple.com/  for more information .
  6. Updates to the Service
    You understand that the Service is an evolving one. YOUNGVINE may require that you accept updates to the Service and to YOUNGVINE's games you have installed on your device or computer. You acknowledge and agree that YOUNGVINE may update the Service and YOUNGVINE 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 YOUNGVINE games. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to YOUNGVINE when the problem is encountered privacy@YOUNGVINE.com.
  7. Disclaimer of Warranties
    WITHOUT LIMITING YOUNGVINE'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOUNGVINE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
    Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
  8. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUNGVINE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOUNGVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOUNGVINE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO YOUNGVINE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO YOUNGVINE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND YOUNGVINE'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH YOUNGVINE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
    NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF YOUNGVINE OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF YOUNGVINE.
    You agree to indemnify, defend and hold YOUNGVINE (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
  9. Dispute Resolution and Attribution
    IF A DISPUTE ARISES BETWEEN YOU AND YOUNGVINE, WE STRONGLY ENCOURAGE YOU TO FIRST CONTACT US DIRECTLY TO SEEK A RESOLUTION.
    9.1 Pre-Arbitration Claim Resolution
    For all Disputes, whether pursued in court or arbitration, you must first give YOUNGVINE an opportunity to resolve the Dispute. You must commence this process by written notification to the YOUNGVINE at Rm.1902, Easey Comm.Bldg., 253-261 Hennessy Road,Wanchai, KONG. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If YOUNGVINE does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
    9.2 Exclusions from Arbitration/Right to Opt Out
    Notwithstanding the above, you or YOUNGVINE may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to YOUNGVINE at Rm.1902, Easey Comm.Bldg.,253-261 Hennessy Road,Wanchai, HONG KONG. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with YOUNGVINE through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with YOUNGVINE. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
  10. Severability
    You and YOUNGVINE agree that if any portion of these Terms of Service or of the YOUNGVINE 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.
  11. General Provisions

11.1. Assignment

YOUNGVINE may assign or delegate these Terms of Service and/or the YOUNGVINE 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 YOUNGVINE's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

11.2. Supplemental Policies

YOUNGVINE may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

11.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the YOUNGVINE Privacy Policy), contain the entire understanding of you and YOUNGVINE, 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.

11.4. No Waiver

The failure of YOUNGVINE to require or enforce strict performance by you of any provision of these Terms of Service or the YOUNGVINE Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of YOUNGVINE's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by YOUNGVINE of any provision, condition, or requirement of these Terms of Service or the YOUNGVINE 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 YOUNGVINE 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 YOUNGVINE.

11.5. Notices

We may notify you via postings in Game, and via e-mail or any other communications means to contact information you provide to us.

11.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to YOUNGVINE are of a unique and irreplaceable nature, the loss of which shall irreparably harm YOUNGVINE and which cannot be replaced by monetary damages alone so that YOUNGVINE shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any YOUNGVINE game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

11.7. Force Majeure

YOUNGVINE shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of YOUNGVINE, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond YOUNGVINE's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.