An Account may be required to access and use some PuffyThumb Services.
To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the PuffyThumb Service for which you are registering. In addition, some Play Motion Services may require creation of a "user name" or a "persona" to represent you in game and online. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. PuffyThumb will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
"Content" on PuffyThumb Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code and all audio visual or other material appearing on or emanating to and/or from PuffyThumb Services, as well as the design and appearance of our websites. Content includes user-generated Content ("UGC"). UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to PuffyThumb Services. PuffyThumb Content and UGC collectively shall be referred to as "Content." All Content is owned by PuffyThumb or its affiliates, subsidiaries, licensors or suppliers. You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on PuffyThumb Services.
"Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of PuffyThumb Services and/or products. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement
PuffyThumb grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the PuffyThumb Services accessed by you. Content and Entitlements and all other intellectual property rights in or on PuffyThumb Services as well as the products and services offered through PuffyThumb Services, are owned by PuffyThumb or PuffyThumb's third party licensors and is protected by patent,trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from an PuffyThumb Service unless you are expressly authorized to do so. In addition, unless expressly authorized by PuffyThumb, you may not distribute, publicly perform or display, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the Play Motion Services you are using.
Play Motion reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of PuffyThumb and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on PuffyThumb Services may result in the termination of your Account(s), prohibition on use of Play Motion Services, and further legal action. Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless PuffyThumb from any unauthorized or illegal conduct by you, or through the use of your Account, on PuffyThumb Services.
Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from Play Motion. Play Motion reserves the right to refuse your request(s) to acquire Entitlements, and PuffyThumb reserves the right to limit or block any request to acquire Entitlements for any reason.
We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.
PuffyThumb does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to PuffyThumb Services. You are solely responsible for your UGC and may be held liable for UGC that you post.
PuffyThumb respects the intellectual property rights of others. You must have the legal right to upload UGC to PuffyThumb Services. You may not upload or post any UGC on PuffyThumb Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. PuffyThumb may, without prior notice to you and in its sole judgement, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of PuffyThumb's or a third party's intellectual property or other rights, PuffyThumb may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.
PuffyThumb reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when PuffyThumb determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in PuffyThumb's sole and final discretion. To the maximum extent permitted by applicable law, PuffyThumb does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.
When you contribute UGC to an PuffyThumb Service, you expressly grant to PuffyThumb and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant PuffyThumb and its licensors all licenses, consents and clearances to enable Play Motion and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.
If the PuffyThumb Service on which you contribute UGC permits other users to access and use that UGC as part of the PuffyThumb Service, then you also grant all other users of the relevant PuffyThumb Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant PuffyThumb Service without further notice, attribution or compensation to you.
Some PuffyThumb Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
PuffyThumb reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an PuffyThumb Service, PuffyThumb will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the PuffyThumb Service. You are responsible for reviewing the Play Motion Service to obtain timely notice of such changes. Your continued use of the PuffyThumb Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but PuffyThumb will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of PuffyThumb Services is subject to use or sales tax, then PuffyThumb may also charge you for any such taxes, in addition to the subscription or other fees.
You may pay fees using the methods available for the particular PuffyThumb Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by PuffyThumb Service. When you provide credit card or other payment information to PuffyThumb, you represent to PuffyThumb that you are the authorized user of the credit card or other payment method. By agreeing to this Terms of Service, you have agreed to permit Play Motion to automatically renew your subscription to an PuffyThumb Service by charging a valid credit card number which you have provided to PuffyThumb. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than PuffyThumb's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify PuffyThumb if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting PuffyThumb directly or firstname.lastname@example.org. If you fail to provide PuffyThumb any of the foregoing information, you agree that Play Motion may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. PuffyThumb reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to PuffyThumb. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
For some PuffyThumb Services, Play Motion may offer a free trial subscription. If you accept a free trial subscription, PuffyThumb will begin to bill your Account for that Play Motion Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using Play Motion Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Play Motion. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
Play Motion may terminate access to any online or mobile products and/or Play Motion Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Play Motion Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at Play Motion's discretion) provided to you via email or is posted on the applicable product.
Play Motion may also terminate access to Play Motion Services for violation of this Terms of Service, if PuffyThumb (in its sole discretion) deems that your use of PuffyThumb Services renders PuffyThumb Services less safe for others and/or minors or for illegal or improper use of Play Motion Services, Content, Entitlement, products, or It's Intellectual Property as determined by PuffyThumb in its sole discretion. You may lose your user name and persona as a result of termination. If you have more than one (1) Account, It may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to PuffyThumb Services accessed by you, PuffyThumb may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all PuffyThumb Services or certain PuffyThumb Services. You acknowledge that in such an instance PuffyThumb is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Play Motion Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If PuffyThumb terminates your Account, you may not participate in an PuffyThumb Service again without PuffyThumb's express permission. PuffyThumb reserves the right to refuse to keep Accounts for, and provide PuffyThumb Services to, any individual. You may not allow individuals whose Accounts have been terminated by PuffyThumb to use your Account.
If your Account, or a particular subscription for an PuffyThumb Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all PuffyThumb Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular PuffyThumb Service. If you believe that any action has been taken against your Account or device in error, please contac email@example.com
You have the right to cancel your Account or a particular subscription to an PuffyThumb Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Play Motion Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with PuffyThumb, including any dispute related to, or arising out of: (1) any term of this Terms of Service or PuffyThumb's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through PuffyThumb Services or any change in Content or Entitlements provided through PuffyThumb Services; (3) your ability to access and/or use PuffyThumb Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Play Motion Services and/or any Content or Entitlements thereon.
You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Play Motion Services must be settled before you establish a new Account.