TERMS OF SERVICE

Last updated: December 12, 2017

The terms of this agreement (“Terms of Service” or “Terms” or the “Agreement”) govern the relationship between you and Trebuchet Entertainment LLC (hereinafter “Trebuchet” or “Us” or “We”) regarding your use of Trebuchet’s games and related services, which include applications for mobile devices and Trebuchet websites (collectively, the “Service”). In this Agreement, “Trebuchet” means Trebuchet Entertainment LLC, a Texas limited liability company located at PO BOX 271721, Flower Mound, TX 75027, including its affiliates, subsidiaries, divisions, parent companies, and other entities under common ownership.

1. PRIVACY

Use of the Service is also governed by Trebuchet’s Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. The Privacy Policy makes important disclosures about how We collect and use data and your information. We encourage you to read the Privacy Policy carefully.
By creating an account to use the Service, accessing the Service or using the Service, you agree to be bound by these Terms of Service and the Privacy Policy, and you consent to the collection, use, and storage of data and your information as outlined in the Privacy Policy.

2. LIMITED LICENSE TO USE THE SERVICE

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Trebuchet policies, Trebuchet grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in this Agreement to access and use the Service using a mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

3. USE OF THE SERVICE

The following restrictions apply to your use of the Service:

You shall not create an Account or access the Service if you are under the age of 13;
You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13;
You accept full responsibility for any unauthorized use of the Service by minors, in connection with your Account;
You shall not have more than one Account, per platform or social networking service (“SNS”), at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not create an Account or use the Service if you are a convicted sex offender;
You shall not have an Account or use the Service if you have previously been removed by Trebuchet or previously been banned from playing any Trebuchet game;
You shall use your Account only for non-commercial purposes;
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements to anyone;
You shall not use your Account to engage in any illegal conduct;
You shall not sublicense, lease, sell, trade or otherwise transfer your Account to anyone without Trebuchet’s prior written permission;
If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.

4. LICENSE LIMITATIONS

Any use of the Service in violation of this Agreement is strictly prohibited, may result in the immediate termination of this Agreement and the limited license granted herein, and may subject you to civil and/or criminal liability.

YOU AGREE THAT YOU WILL NOT AND SHALL NOT:

Engage in any act that Trebuchet deems, in its sole discretion, to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, the game rules, game mechanics or the Privacy Policy;
Interfere with or disrupt the operation of the Service or any Trebuchet game or website;
Alter, modify, or change in any manner any portion of the computer software or other files that are part of the Service or any Trebuchet game or website;
Use any unauthorized software to access, intercept, “mine”, harvest or otherwise collect information contained in, used by or transmitted to or from the Service;
Reverse engineer, decompile, disassemble, or otherwise attempt to extract computer source code for any underlying software or other intellectual property used to provide the Service or any Trebuchet game or website;
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or system used to provide or support the Service or any Trebuchet game or website;
Initiate or assist in any way any type of attack upon the Service or any computer or system used to provide or support the Service or any Trebuchet game or website, including without limitation distribution of a virus, “denial of service” attacks or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
Attempt to gain unauthorized access or perform any unauthorized access to the Service or any computers or systems used to provide or support the Service or any Trebuchet game or website;
Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or encourage or support the violation of any applicable law or regulation;
Use cheats, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service or any Trebuchet game or website;
Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Service or any Trebuchet game or website;
Communicate or post any information on or using the Service or any Trebuchet game or website that:

- is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- contains offensive subject matter or that contains a link to such content;
- solicits personal information from other users of the Service;
- is an attempt to harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, including Trebuchet employees or customer support personnel;
- transmits any passive or active information collection or transmission mechanism,  including cookies, web bugs, links, information or materials that promote malware, spyware or other harmful materials; or
- copies, distributes, or makes available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other intellectual property right or proprietary right of any person or entity;

Use the Service or any part thereof for any commercial purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation;
Copy, distribute, modify, display, perform, or created derivative works based on any content from the Service or any Trebuchet game or website; or
Use any of Trebuchet’s copyrights, trademarks, trade names, patents or other intellectual property rights in any manner without express written authorization from Trebuchet.

5. ACCOUNT INFORMATION

When creating or updating an Account on the Service, you may be required to provide Trebuchet with certain personal information, including your name, e-mail address, and Facebook ID. This information will be held and used in accordance with the Privacy Policy. You agree that your Account information will be accurate, complete, and up to date at all times.
When you create an Account for the Service, you will be required to select a username and password for your Account. You are solely responsible for maintaining the confidentiality of the Account information and password, and you will be responsible for all uses of your Account and the Account password.

6. TERMINATION

WITHOUT LIMITING ANY OTHER RIGHTS AND REMEDIES AVAILABLE TO TREBUCHET, TREBUCHET MAY (WITH OR WITHOUT NOTICE TO YOU, AND AT ANY TIME) TERMINATE, SUSPEND, LIMIT OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICE IF YOU ARE, OR TREBUCHET BELIEVES OR SUSPECTS THAT YOU ARE, BREACHING THIS AGREEMENT OR USING THE SERVICE ILLEGALLY OR IMPROPERLY. WITHOUT LIMITING ANY OTHER RIGHTS AND REMEDIES AVAILABLE TO TREBUCHET, TREBUCHET MAY (WITH OR WITHOUT NOTICE TO YOU, AND AT ANY TIME) TERMINATE, SUSPEND, LIMIT OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICE, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL EXPOSURE FOR TREBUCHET, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THIS AGREEMENT OR TREBUCHET POLICIES.
Trebuchet reserves the right, in its sole and absolute discretion, to stop offering and/or supporting the Service or any portion thereof at any time, at which point your license to use the Service or a part thereof will automatically terminate. In such event, Trebuchet shall not be required to provide any compensation to you as a result of such termination of the Service or support thereof.
We reserve the right to terminate any Account and/or terminate your access to the Service for any reason at any time without notice, in our sole and absolute discretion. If an Account is inactive for more than 6 months, then it is subject to deletion.
In the event of any termination of this Agreement or any termination or suspension of your access to the Service or your Account(s), the following provisions shall remain applicable and in force: 1, 4, 6-9, 9.2, and 11-21.

7. OWNERSHIP IN THE SERVICE OR ACCOUNTS

The Service and all games and content contained therein (including without limitation any games, titles, computer code, themes, phrases, concepts, graphics, artwork, animations, sounds, music, audio-visual effects, and any recordings of Trebuchet games in operation) are copyrighted works owned by Trebuchet.
You acknowledge and agree that you shall have no ownership or property interest in an Account, the Service or any Trebuchet game or website. You acknowledge and agree that all rights in and to an Account, the Service and any Trebuchet game or website are and shall forever be owned by and inure to the sole benefit of Trebuchet.
Trebuchet owns and retains all rights to its trademarks and trade names, including “WAR BROKERS” and “TREBUCHET ENTERTAINMENT” and any related logos. Any and all use of Trebuchet’s trademarks and trade names in connection with the Service and any Trebuchet game shall inure to the sole benefit of Trebuchet. Trebuchet reserves all of its rights, including without limitation, any and all intellectual property rights or other proprietary rights, in connection with the Service.

8. THIRD PARTY ADVERTISING

You acknowledge and agree that the Service and Trebuchet games may feature advertisements from Trebuchet and third parties. Any use or disclosure by Trebuchet of your information for third party advertising is addressed in the Privacy Policy.
Trebuchet may provide links on the Service to third party websites or vendors who may invite you to purchase content, goods, and/or services offered by third parties. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Trebuchet makes no representation or warranty, and disclaims any such warranties (express or implied), regarding any content, goods and/or services provided by any third party even if linked to from the Service, and We will not be liable for any claims or damages relating to any third party content, goods and/or services.
The linked third party sites are not under the control of Trebuchet and may collect data or other information from you. Trebuchet is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. The inclusion of any third party link does not constitute or imply any endorsement by Trebuchet of the third parties or their goods or services.
Any collection, use or disclosure of your information by these third parties is addressed in the Privacy Policy.

9. USER COMMUNICATIONS

“User Communication” means any communications, data, information, and material that you upload or transmit through the Service or any Trebuchet game or website, or that other users upload or transmit, including without limitation any blog or chat text.
By transmitting or submitting any User Communication while using the Service, you warrant and represent that such transmission or submission is (a) not confidential; (b) not in violation of any applicable laws; (c) not in violation of any contractual obligations; (d) not in violation of any third party rights; and (e) free of viruses, adware, spyware, worms or other malicious code.
You hereby grant Trebuchet a perpetual , irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, transferrable, assignable, sub-licensable, unlimited license to copy, distribute, modify, create derivative works from, manufacture, use, commercialize, display, broadcast, publish, perform, sell, license, sublicense, transfer, lease, rent, and exploit, in any way, manner and medium now known or in the future developed or discovered, your User Communications for any reason. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Communications.
9.1 Communication Screening
You are solely and entirely responsible for all User Communications and any information that you transmit or submit using the Service. We assume no responsibility any User Communications or information submitted by you or any other user. We have no obligation to monitor and We assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct.  We have the right, in our sole discretion, to remove, edit, or otherwise refuse to post or transmit any User Communication. We may monitor and/or record your interaction with the Service or communications when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
9.2 User Interactions
You are solely responsible for your interactions with other users on the Service. We are not responsible for any disputes you may have with other users. If you have a dispute with one or more users, you release Us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from any and all 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, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

10. UPDATES

10.1 Service Updates
You agree to accept updates to the Service and/or to Trebuchet’s games that you have installed on your computer or mobile device. You acknowledge and agree that we may update the Service and/or the games without notifying you.
10.2 Updates to the Terms of Service and Privacy Policy
Trebuchet reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective ten (10) days after they are initially posted.
This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, a “writing” does not include an e-mail message and a signature does not include an electronic signature.
If at any point you do not agree to any portion of the Terms of Service, the Privacy Policy, or any other Trebuchet policy, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
To the extent the Terms of Service or the Privacy Policy conflict with any other Trebuchet terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Privacy Policy shall govern.

11. WARRANTY DISCLAIMER

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER TREBUCHET NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “TREBUCHET PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITATIONS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE TREBUCHET PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THE TREBUCHET PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TREBUCHET PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT YOU ASSUME THE ENTIRE RISK OF ANY USE OF THE SERVICE AND ANY EXTERNAL SITES AND YOU ASSUME THE ENTIRE RISK OF ANY INJURY RESULTING FROM THE FOREGOING.
OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID TREBUCHET ANY AMOUNTS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TREBUCHET IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TREBUCHET’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Trebuchet and its affiliated companies, employees, officers, owners, agents, attorneys, licensors, and partners from and against any claims, losses, damages, liabilities, including legal fees and expenses, arising out of or relating to your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Trebuchet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Trebuchet, and you agree to cooperate with Trebuchet’s defense of these claims. Trebuchet will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The provisions in this paragraph will survive any termination of your Account(s), the Service or this Agreement.

14. SEVERABILITY

If any provision contained in this Agreement is determined to be void, illegal or unenforceable, in whole or in part, by a court of competent jurisdiction, then the other provisions contained herein shall remain in full force and effect as if the provision which was determined to be void, illegal or unenforceable had not been contained herein, and a court of competent jurisdiction shall have the power to reform such void, illegal or unenforceable provision to the extent necessary to make it valid, legal and enforceable, consistent with the overall intent of this Agreement.

15. NO WAIVER

The failure of Trebuchet to enforce any provision of this Agreement shall not be construed as a waiver, nor affect Trebuchet’s right to enforce such provision or right in that or any other instance. No waiver of any provision of this Agreement, nor consent to any departure therefrom, will be effective unless the same shall be in writing and signed on behalf of Trebuchet by a duly appointed officer of Trebuchet, and then such waiver or consent will be effective only in the specific instance and for the specific purpose for which given.

16. NOTICES

We may give you notice for any purpose under this Agreement through the Service, via postings on Trebuchet’s company game website (www.wordiumgame.com), via email or any other communication means using the contact information you provide to Trebuchet.  Any notice that you provide to Trebuchet for the purposes of this Agreement is required to be in writing, addressed and delivered to: Trebuchet Entertainment LLC, Attn: Legal Department, PO BOX 271721, Flower Mound, TX 75027.
Any notices that you provide that do not comply with requirements of this provision shall have no legal effect.

17. EQUITABLE REMEDIES

You acknowledge that the rights granted to you and the obligations created under this Agreement are of a unique and irreplaceable nature, the loss of which shall irreparably harm Trebuchet and which cannot be remedied by monetary damages alone. You agree that Trebuchet shall be entitled to injunctive or other equitable relief (without the obligations of posting any monetary bond or surety or proof of actual damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief against Trebuchet, or to enjoin or restrain the operation of the Service or any Trebuchet game, or to enjoin or restrain any exploitation of the Service or any content used or displayed through the Service.

18. ASSIGNMENT

Trebuchet may assign or delegate this Agreement and/or the 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 this Agreement Terms of Service or the Privacy Policy without Trebuchet’s prior written consent.  Any attempt by you to assign in breach of this provision shall be deemed null, unenforceable, and void ab initio.

19. ATTORNEY FEES

In any action to enforce the terms of this Agreement, including any action to recover damages for any violations herein, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and disbursements in addition to costs of suit.

20. GOVERNING LAW

This Agreement shall be interpreted under and governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas, without giving effect to any principles of conflicts of law. Any action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Dallas County, Texas. You agree to and do hereby submit to the exclusive jurisdiction of any state or federal court located in Dallas County, Texas in connection with any claims, actions, disputes or disagreements regarding this Agreement

21. ENTIRE AGREEMENT

This Agreement, including the Privacy Policy and documents expressly incorporated by reference herein, constitutes the entire agreement between you and Trebuchet, and supersede all prior agreements and understandings between the parties with respect 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.