Terms of Service
Masque Publishing Terms of Service
Date of Last Change: 10/28/2015
These Terms cover use of Masque Publishing’s products, its website and its services, such as downloading games, playing online games, purchasing coins for online game play, and Club Masque Gold membership (“Services”). You accept these Terms when you use the Services.
2. Registering on the Masque Publishing Website. You will need a user name to use some Services. To register a user name and create an account, you must reside in the United States and be 13 years old or older. You must provide us with accurate and current information.
3. Maintaining/Terminating Your Account. Your user name and account may be terminated if you do not sign on to a Service with your user name at least once a year. After we terminate or deactivate your account for any reason, we have no obligation to retain any information that we may have received from you or to reactivate your user name and/or account.
4. Using Services. To use our Services, you must:
a. Comply with all applicable laws and regulations;
b. Be respectful and civil under all circumstances and at all times;
c. Not engage in any inappropriate and/or unacceptable behaviors; and
d. Not use any offensive language in any communications.
5. Information/Data from Using Services. Masque may store data or other information that can be generated when you use some of our Services, such as playing an online game. However, Masque has no obligation to do so and does not guarantee the accuracy of any such data or other information.
6. Payment Terms. The following apply to payments when a Service is purchased by you:
a. Fees. If there is an amount due or a fee for a Service, or a portion of a Service, you agree to pay that amount. The stated amount excludes any tax that might be due by you. We may suspend or cancel the Service if we do not receive full payment on time from you. Suspension or cancellation for non-payment could result in loss of use of your account.
b. Billing. To pay the amount due for a Service, you will be asked to provide credit or debit card information at the time you sign up for that Service. You agree to keep your billing information current.
c. Recurring Payments. When you purchase a Service on a subscription basis (e.g., monthly, every 3 months or annually), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Masque Publishing by the method you have chosen at the recurring intervals, until the subscription for that Service is terminated by you or by Masque Publishing.
d. Automatic Renewal. If automatic renewals are allowed in your state, we will inform you by email before automatically renewing your Service, unless purchased on a subscription basis. Once we have informed you that the Service will be automatically renewed, we may automatically renew your Service and bill you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method. We will also provide you with instructions on how you may cancel the Service. You must cancel the Service before the renewal date to avoid being billed for the renewal.
e. Refund Policy. All purchases are final and non-refundable. If you believe that Masque Publishing has billed you in error, you must contact us within 90 days of such billing. Refunds may not be given for any amount billed that is more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This policy does not affect any statutory rights you might have.
f. Canceling a Service. You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit [insert link].
g. Price Changes. We may change the price of any Service at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Service before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
7. Closing Your Account. You can cancel a specific Service or close your account at any time and for any reason. To close your account, please visit [insert link].
- Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your account. We may also block delivery of a communication (like email) to or from the Services in an effort to enforce these Terms. Any decision concerning these Terms may be made by Masque Publishing in its sole discretion.
9. Warranties. MASQUE PUBLISHING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MASQUE PUBLISHING DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
10. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover from Masque Publishing direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $10.00 if the Services are free). You cannot recover any other damages or losses, including, without limitation, direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything including any claims related to these Terms, the Services, or the software related to the Services.
11. Jurisdiction. You expressly agree that exclusive jurisdiction for any dispute with Masque Publishing, or in any way relating to your use of any Service, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving Masque Publishing or its employees, officers, directors, telecommunication providers and content providers.
12. Choice of Law/Invalidity Affect/Waiver. These Terms are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term.
13. Copyright and trademark notices. The Services are copyright © 2015 Masque Publishing, Inc. and/or its suppliers. All rights reserved. Masque Publishing and the names, logos, and icons of all Masque Publishing products, software, and services may be either trademarks or registered trademarks of Masque Publishing in the United States. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved.
14. Miscellaneous. This section, and sections 1, 6(for amounts incurred before the end of these Terms), 9, 10, 11, 12, and those that by their terms apply after these Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Masque Publishing for your use of the Services. It supersedes any prior agreements between you and Masque Publishing regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law.