Welcome to ambassadorpinnacle. These Terms of Use constitute a legal contract and govern the relationship
between you and ambassadorpinnacle and its affiliates ("DF", "we" or "us") with respect to your use of our
games, mobile apps, websites and any related services, as well as the purchase by you of any goods,
merchandise or services from us (the "Services").
Use of the Services is also subject to DF's Privacy Policy, which is incorporated herein by reference.
Please read the entire Terms of Use before deciding whether to accept them and proceeding with the
registration process.
By installing, using or otherwise accessing the Services, you agree to these Terms of Use and the
Privacy
Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not install, use or
otherwise access the Services.
Before you access or use the Services, including browsing any DF website or accessing or downloading a DF
game or app, you must agree to these Terms of Use and the Privacy Policy.
You may also be asked to register an account to use the Services (an “Account”). For your Account, you
must
provide DF with all current, complete and accurate information requested by us and keep it updated. We
may
require you to provide additional information as a condition of continued use of the Services or to help
you
decide whether to permit continued use of the Services.
You are responsible for any internet connection and/or wireless service charges that may apply to access
and/or use the DF Services. If you are unsure of what the charges may be, contact your internet service
provider or wireless service provider before accessing and/or using the Services.
By registering for an account or otherwise using the Services, you represent that you are 16 (sixteen)
years
of age or older, that you can form a legally binding contract with DF, and that you understand and agree
to
these Terms of Use. If you are not located in the United States, you represent and warrant that you are
of
legal age in your jurisdiction. We disclaim any and all liability for any misrepresentation of your age
or
the age of any other user. You further represent and warrant that you are not currently registered on,
and
have never been registered on, any sex offender registry in any local, state, or federal jurisdiction,
that
you are not a convicted felon, and that you are not prohibited from using the Services under the laws of
the
United States of America or any applicable jurisdiction. In particular, you represent and warrant that
you
are not on the U.S. Treasury Department's list of Specially Designated Nationals. We assume no
responsibility or liability for any misrepresentation of your age.
You represent and warrant that you will comply with all municipal, local, provincial, state and/or
federal
laws, rules or regulations to which you are subject. DF assumes no responsibility for your failure to
comply
with any applicable laws, rules or regulations.
If you access the Services from a social networking site (“SNS”) such as Facebook, Google+, Instagram or
other similar service, you must comply with all applicable user agreements contained therein as well as
these Terms of Use.
Similarly, if you download the Services through the Google Play Store, Apple App Store, Amazon App Store
or
any other medium, you must comply with all applicable user agreements contained therein as well as these
Terms of Use.
The DF Services are licensed, not sold, to you. Subject to your compliance with these Terms of Use, DF
grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license to
access and use the Services for your own non-commercial use. You agree not to use the Services for any
other
purpose. Any use of the Services in violation of the Terms of Use is strictly prohibited and may result
in
immediate revocation of your limited license and may subject you to liability for violations of law.
Whenever you access or use DF Services, you agree that you will not:
Without limiting any other remedies, DF may restrict, suspend, terminate, modify or delete
your account or your access to the DF Services or any part thereof if you or DF suspects that you are
not complying with these Terms of Use or for any actual or suspected illegal or improper use of the
Services, with or without notice to you.
In the event that your account is terminated, restricted or suspended, you may lose all benefits,
privileges, earned items and purchased items associated with your account. DF shall have no obligation
to compensate you for any such losses.
DF reserves the right to discontinue offering and/or supporting the Services, any particular game or any
part of the Services at any time, after which your license to use the Services or any part thereof shall
automatically terminate. In such event, DF shall have no obligation to provide any refunds, benefits or
other compensation to any user in connection with such discontinued Services. Termination of your
account may include suspension of your access to the Services or any portion thereof, including any
content submitted by you or submitted by others.
DF reserves the right to audit your account within a reasonable period of time before awarding you a
prize to ensure compliance with the Terms of Use. In the event that DF determines that you have violated
the Terms of Use, you will forfeit all rights to that prize.
You will fully cooperate with DF in investigating any suspected unlawful, fraudulent or improper
activity.
All right, title and interest in and to the Services (including, but not limited to, games, titles, code,
concepts, graphics, animations, sounds, audio-visual effects, moral rights, documentation and all other
content or materials available on or from the Services) are the sole property of DF. DF reserves all
rights, including all intellectual property rights or other proprietary rights, in connection with its
games and the Services.
All right, title and interest in and to your Virtual Goods and currencies used by you in the Services
are owned by and inure to the benefit of DF.
“User Content” means all communications, images, sounds and all materials, data and information that you
upload or transmit through a DF game client or the Services, or that other users upload or transmit,
including without limitation chat text. By submitting or transmitting User Content while using the
Services, you acknowledge, represent and warrant that such submission or transmission (a) is accurate
and non-confidential; (b) does not violate any law, contractual restrictions or other third party rights
and that you have permission from any third party whose personal information or intellectual property is
contained in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and
(d) you acknowledge and agree that all of your personal information in such content will at all times be
processed by DF in accordance with its Privacy Policy.
DF reserves the right to review, monitor, prohibit, edit, delete, disable access to or otherwise make
unavailable any User Content (including without limitation your User Content) in its sole discretion for
any reason or for no reason at all.
DF assumes no responsibility for the conduct of users who submit User Content and assumes no
responsibility for monitoring the Services for inappropriate content or conduct. Your use of the
Services is at your own risk and you bear all risks associated with the use of any User Content
available in connection with the Services. You acknowledge and agree that you have no expectation of
privacy with respect to the transmission of any User Content. We have the right, but not the obligation,
to edit, refuse to post or remove any User Content in our sole discretion.
You hereby grant to DF an irrevocable, perpetual, transferable, fully paid, royalty-free, worldwide
license (including the right to sublicense and assign to third parties) and the right to copy,
reproduce, correct, adapt, modify, create derivative works from, manufacture, market, publish,
distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or
provide access to your User Content, and all modified and derivative works thereof, in connection with
our provision of the Services, including marketing and advertising the Services.
You also hereby grant to DF the right to authorize others to exercise any of the rights granted to DF
under these Terms of Use. In addition, you hereby grant DF the unrestricted, irrevocable right to use
and exploit your name, likeness, and any other information or materials contained in and associated with
User Content without obligation or notice to you. Except as prohibited by law, you waive any attribution
rights and/or moral rights you may have in your User Content, regardless of whether your User Content is
modified or altered in any way.
You are solely responsible for your interactions with other users of the Services and all other parties
with whom you interact through the Services and/or DF Games. If you have a dispute with one or more
users, you release DF (and our officers, managers, agents, subsidiaries, joint ventures, and employees)
from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown,
arising out of or in any way related to such disputes.
If you have a dispute between you and DF, we strongly encourage you to first contact us directly to seek
resolution by contacting our customer service department first. Any dispute arising out of the Terms of
Use or the Services will be governed in all respects by Oregon law, without regard to conflict of law
principles.
By accepting the terms of this Agreement, you expressly waive the right to a jury trial and the right to
participate in a class action lawsuit.
In the event that you are unable to resolve your dispute with our customer service representatives, any
dispute, claim or controversy arising out of or relating to these Terms of Use, any DF Services and
their marketing, or the relationship between you and DF (“Dispute”) will be resolved exclusively by
binding arbitration. This includes claims that arose prior to the execution of this Agreement. You
acknowledge that this section does not apply to any claim brought by DF relating to the infringement,
protection or validity of any trade secret, copyright, trademark, patent right or intellectual property
of DF.
Any election to arbitrate by either party shall be final and binding on the other. The arbitration will
be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and,
where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA website https://www.adr.org. Your arbitration fees and
your share of arbitrator compensation will be governed by the AAA Rules and, where appropriate, limited
by the AAA Consumer Rules. The arbitration may be conducted in person in Portland, Oregon, by submission
of documents, by telephone, or online. The arbitrator shall make a decision in writing and shall provide
a statement of reasons upon request by either party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. You and DF may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on
the award entered by the arbitrator.
You and DF agree that each may bring claims against the other only in your or its individual capacity,
and not as a plaintiff or class member in any purported class or representative proceeding.
The arbitrator will not consolidate anyone else's claims with your claims, and will not preside over any
type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief
only in favor of the individual party seeking relief and only to the extent necessary to provide relief
warranted by that party's individual claim. If this specific subsection is found to be unenforceable,
then this entire Arbitration Agreement will be null and void.
You and DF agree that if any part of these Terms of Use or the DF Privacy Policy is found by a court of competent jurisdiction to be illegal or unenforceable in whole or in part, such provision shall be ineffective as to such jurisdiction 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 in full force and effect.
These Terms of Use, any supplemental policies, and any documents expressly incorporated herein by reference (including the DF Privacy Policy) contain the entire agreement between you and DF and supersede any prior agreements of 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 Services.
DF's failure to require or enforce strict performance by you of any provision of these Terms of Use or
the
DF Privacy Policy, or failure to exercise any rights hereunder, shall not be deemed a waiver or
relinquishment of DF's right to assert or rely on such provision or right in that or any other instance.
DF's express waiver of any provision, condition or requirement of these Terms of Use or the DF Privacy
Policy shall not constitute a waiver of any future obligation to comply with that provision, condition
or
requirement.
Except as expressly and specifically set forth in these Terms of Use, no representation, statement,
consent,
waiver or other act or omission by DF shall be deemed to modify these Terms of Use or be legally binding
unless documented in physical form, hand-signed by you and a duly designated officer of DF.
Any notices you transmit without complying with this Notices section shall have no legal effect.
DF reserves the right, in its sole and absolute discretion, to change, modify, add or remove portions of
these Terms of Use and the Privacy Policy at any time by posting the modified terms, so please check
back
frequently.
You will be deemed to have accepted such changes by continuing to use the Services. If at any time you
do
not agree to any part of the then-current version of our Terms of Use or the Privacy Policy or any other
policies, rules or codes of conduct we have in place relating to your use of the Services, your license
to
use the Services will terminate immediately and you must immediately discontinue use of the Services.