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Masque Publishing
Masque Publishing
Masque Publishing
Masque Publishing
Masque Publishing
Masque Publishing

Terms of Service



Masque Publishing Terms of Service

Last revision: April 23, 2024

These Terms concern use by you of Services of Masque Publishing, Inc. (“Masque” or “We”) that include its website, its software, downloading games, online game playing, licensing products from Masque related to game playing, and Club Masque Gold membership. You accept and agree to these Terms when you use the Services of Masque.

Masque may change the Terms of Service, at any time and in the sole discretion of Masque, for one or more reasons, including related to business and/or legal matters. You should regularly see if there has been any change to these Terms of Service. Regarding more than immaterial changes or updates, commercially reasonable notice will be given to you by Masque. The latest change(s) included in the Terms of Service is/are noted by the “Last revision” date stated above. If you continue to use Masque Services after the updated or new Terms of Service are provided with a new revision date, that means you accept and agree to such revised Terms of Service.

PLEASE UNDERSTAND, IF YOU DO NOT WANT TO ACCEPT AND/OR AGREE TO THESE TERMS, THEN YOU MAY NOT USE ANY OF THE MASQUE SERVICES.

The Term of Services have certain requirements regarding arbitration of any dispute between you and Masque, including a procedure for informing Masque, if you don’t want to be part of any such arbitration. You and Masque also agree not to use any class action to resolve any such dispute. These requirements are found in Section 12, including the definition of “dispute.”

For questions or wanting information about the Terms of Service, Masque can be contacted using the email address: support@masque.com

  1. Your Privacy. Please read the Masque Privacy Policy https://www.masque.com/privacy_policy since it describes the information that Masque collects from you and your machines or devices and how that information is used by Masque.

  2. Registering on the Masque Website. You will need a user name to use some Services. To register a user name and create an account, you must be 13 years old or older. You must provide Masque 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 Masque terminates or deactivates 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:

    1. Comply with all applicable laws and regulations;
    2. Be respectful and civil under all circumstances and at all times;
    3. Not engage in inappropriate and/or unacceptable behaviors;
    4. Not use offensive language in any communications; and
    5. Not make false complaints or reports to Masque.

  5. Licensing Masque Products. You may want to license from Masque some of its digitally available products, such as digitally available credits or coins, digitally available bundles, and/or digitally available objects, when using some of Masque Services. You may want to pay for these products. These licensed products have no monetary value.

    Licensed products are made available to you are under a non-transferable and revocable license. You have no right to transfer, in any way, any licensed product to another. You have no right to obtain, by any means, any such licensed product from another. You may use the licensed products when using Masque Services.

    On its own and not bound by any restriction, Masque has the right to control or modify, including to remove, your licensed digitally available products. There is no liability owed to you or anyone else if and when Masque takes any such action. The license granted to you for licensed products is revoked or gone if your Masque account no longer exists, such as by termination, suspension, or for any other basis. You also no longer have the right to any licensed products that are involved with a particular Masque Service, if that particular Masque Service is no longer provided.

    Masque has the right to control the number of licensed products you might want, including the right not to license you any licensed products. PLEASE NOTE THAT ANY COST RELATED TO LICENSED PRODUCTS CAN CHANGE WITHOUT NOTICE.

  6. 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.

  7. Payment Terms. The following apply to payments when a Service is purchased by you:

    1. 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. Masque may suspend or cancel the Service if Masque does not receive full payment on time from you. Suspension or cancellation for non-payment could result in loss of use of your account.

    2. Billing. To pay the amount due for a Service, you will be asked to provide credit card, debit card or digital wallet payment, such as PayPal, at the time you register for that Service.

    3. Recurring Payments. If you become a Club Masque Gold member, you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Masque by the method you have chosen at the recurring intervals, until your membership is terminated by you or by Masque. You must cancel any Club Masque Gold membership before the renewal date to avoid being billed for the renewal. You agree to keep your recurring payment billing information current.

    4. Refund Policy. All purchases are final and non-refundable. If you believe that Masque has billed you in error, you must contact Masque within 90 days of such billing. Refunds may not be given for any amount billed that is more than 90 days old. Masque reserves the right, in its sole discretion, to issue refunds or credits. If Masque issues a refund or credit, Masque is under no obligation to issue the same or similar refund in the future. This policy does not affect any statutory rights you might have.

    5. 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, Masque can be contacted by the account holder using the email address: support@masque.com

    6. Price Changes. If you do not agree to any specific 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, that price will remain in force for the fixed term.

  8. Deactivating Your Account. You and Masque each have the right to deactivate or terminate your account at any time and for any or no reason. Masque may rely on this right to deactivate or terminate each and all accounts that you might utilize when using Masque Services. After Masque deactivates your account(s), Masque has no obligation to keep or store any information that may have been received from you or to reactivate your user name and/or account(s). For you to close your account, please contact Masque using the email address: support@masque.com

  9. Enforcement. If you violate these Terms, Masque 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. If you violate these Terms, Masque remedies aren’t limited to any specific or particular remedy or other action, but may include other remedies that are legally applicable and/or available. Any decision concerning these Terms may be made by Masque in its sole discretion.

  10. Right to Use Services. The Masque Services are owned by Masque or its licensors. You are granted a nontransferable, revocable right and license to use the Masque Services, including its and/or their software, for your own individual use, in accordance with these Terms of Service. Any other use is not permitted and violates the legal rights of Masque.

  11. Warranties. MASQUE 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 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.

  12. 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 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.

  13. The Masque Terms of Service have binding arbitration and waiver of class action requirements in this Section that apply to U.S. residents. You have the right not to agree to arbitration by using the process described in Section 13. C. You do not have the right to opt out of the class action waiver. If you do not agree to the class action or binding arbitration requirements, then you may not use the Services of Masque, including playing its games.

    YOU SHOULD GIVE ALL OF SECTION 13 THE SAME CONSIDERATION THAT YOU WOULD GIVE IN MAKING DECISIONS OF IMPORTANCE TO YOU. YOU MAY WANT TO DISCUSS WITH OTHERS (SOMEONE YOU TRUST AND/OR AN ATTORNEY) WHAT COULD HAPPEN, DEPENDING ON YOUR DECISIONS ABOUT BINDING ARBITRATION AND CLASS ACTION WAIVER. YOU SHOULD ALSO KEEP IN MIND THAT SECTION 13 DOES NOT, AND IS NOT INTENDED TO, GIVE YOU A FULL AND COMPLETE UNDERSTANDING OF WHAT BINDING ARBITRATION AND CLASS ACTION WAIVER MIGHT MEAN TO YOU SO PLEASE DO NOT RELY SOLELY ON WHAT IS STATED IN THE MASQUE TERMS OF SERVICE WHEN MAKING YOUR OWN DECISIONS ABOUT THEM.

    Please also keep in mind Masque is open and willing to talk about, through its customer support, any question or concern you might have, before a legal or a more formalistic process is started. Masque customer support can be reached at email address: support@masque.com

    1. Binding Arbitration. If you reside in the U.S., you and Masque agree that any dispute (defined in the last sentence of this Section 13. A.) that is currently not resolved will be finally and exclusively decided by individual arbitration administrated by the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”). Except for the possibility of using a small claims court, you and Masque agree not to sue each other in any court using a judge or jury, including by means of a class action lawsuit or the like, and you and Masque hereby waive our rights to a trial by jury. You and Masque agree that, for any dispute between us, you and Masque will try for at least forty-five (45) days to resolve any dispute before a demand for arbitration is filed with the AAA. This period of 45 days starts with the receipt of a Notice of Dispute sent by you or Masque to the other. A Notice of Dispute is not required if a claim, based on a dispute, is filed in a small claims court. As used herein, “dispute” includes any claim, controversy or dispute between you and Masque relating in any way to the Services, your account with Masque, or any of the Terms of Service, and based on any legal grounds, such as contract, warranty, tort, statute and/or regulation, except for a claim, controversy and/or dispute relating to any patent, trademark, copyright and/or trade secret.

    2. Waiver of Class Actions. Class actions, including and without limitation, using arbitration, private attorney general claims, public injunction requests, or any other similar proceeding, are not permitted by you or Masque, including no bringing of any class action lawsuit that is based on any statute that permits possible recovery by other individuals. Furthermore, each individual arbitration cannot be combined with another individual arbitration, without both of us agreeing. Further, any dispute and/or issue related to this waiver shall be resolved by the arbitrator(s) in accordance with these Terms of Service.

    3. If You Don’t Want to Agree to Arbitration with Masque. To opt out of binding arbitration with Masque, you must send to Masque a writing that properly makes your intention to opt out clear to both you and Masque. You and Masque agree that for any such opt out to be binding on both you and Masque, you must send such a writing to Masque within forty-five (45) days of your acceptance of, and agreement to, the Terms of Service. Your agreement and/or acceptance can be shown by, among other things, your clicking Agree when the notice related to the Terms of Service and game playing was displayed for you to see. U.S. mail, or other delivery service, such as Federal Express or UPS, must be used so that Masque receives the writing signed by you with a date. The writing is to be sent to: Masque Publishing, Inc., Attention: Support, 8400 Park Meadows Drive, Lone Tree CO 80124. In addition to your signature and the date of the writing, it must also include your name, your email address for your Masque account, when you have such an account, and/or any other information that Masque can use to identify you. The writing must also include a statement that is understood by you and Masque to mean that you don’t want binding arbitration to resolve any dispute between us. You further understand that, when binding arbitration is not used, you agree to use Colorado law and courts located in Colorado to litigate any dispute, as required in the following Section 14.

    4. Using Small Claims Court. The use of a Notice of Dispute may be avoided by filing a claim related to a dispute in a small claims court. In such a case, the claim must meet the requirements of the small claims court. The small claims court must be in the county where you live. You and Masque agree, that any claim in small claims court must be an individual action for the possible benefit of only the individual bringing the claim.

    5. Limitation on When a Claim Based on a Dispute May be Filed. YOU AND MASQUE AGREE THAT ANY CLAIM BASED ON ANY DISPUTE CANNOT BE BROUGHT USING ARBITRATION AND/OR USING ANY COURT INCLUDING SMALL CLAIMS COURT AFTER ONE (1) YEAR HAS PASSED STARTING WITH THE DATE WHEN THE CLAIM AROSE.

    6. Notice of Dispute. With respect to attempting to avoid arbitration, you and Masque will try to resolve any dispute through discussions and negotiations. To start this process, an individual only Notice of Dispute must be sent by you or Masque to the other. The Notice of Dispute must include: (a) the complete name, phone number and email address (including, if applicable, the email address used with any account you have with Masque), of the person or business sending the Notice of Dispute; (b) a brief statement describing the dispute; (c) the identity or a description of any supporting documents relating to the dispute that could be helpful; and (d) a description of the relief or outcome wanted from the other of us. The Notice of Dispute to Masque is to be sent: Masque Publishing, Inc., Attention: Support, 8400 Park Meadows Drive, Lone Tree, Colorado 80124.

    7. Arbitration Procedure. The AAA will conduct any arbitration under its Rules, such as Commercial Arbitration Rules or Consumer Arbitration Rules. Consumer Arbitration Rules are used if you are a consumer who is using Masque Services for personal or household reasons. For further information, see https://www.adr.org, which includes forms for requesting arbitration. Any decision by you or Masque to arbitrate any unresolved dispute is binding on the other. If you are a consumer, you may have the arbitration in the county in which you reside. Otherwise, you and Masque agree that arbitration will take place in Douglas County, Colorado. In accordance with the FAA, AAA Rules and the Terms of Service, the arbitrator or arbitrators, solely and exclusively, will decide each and all issues related to any dispute including any relief awarded. This Section 13 and the Terms of Service are controlling, if there is any conflict with AAA Rules. The arbitrator(s) have the right to arbitrate only an individual arbitration. The arbitrator(s) do not have the right to arbitrate a class or similar, where more than one individual is involved, without both you and Masque agreeing to that. Furthermore, the arbitrator(s) will decide any issue related to their ability or right to arbitrate and any issue related to the scope and/or enforceability of the arbitration provisions in this Section 13.

    8. Severability. If any part of this Section 13 related to arbitration is found by a court having jurisdiction to be unenforceable or not lawful, such court, in its determination, will sever such part(s) or change them to the extent appropriate to cure them. If severed, then neither Masque nor you will use or rely on them. If, on any basis, the Class Action Waiver found in this Section is not enforceable as to a dispute, or a part thereof, then our agreement to arbitrate will not apply to that dispute, or part thereof. Any dispute based on the Class Action Waiver portion(s) of the Terms of Service may only be litigated in a court having jurisdiction, and the remainder of the Terms of Service related to arbitration will be binding and enforceable. Stated again, neither you nor Masque agree to class arbitration. Nor do you and Masque agree to arbitration of any dispute raised by another, unless you and we agree.

  14. Law and Courts. The Terms of Service and our relationship, including any dispute between you and Masque, whether based in contract, tort, statute, regulation, or other legal basis, will be governed by the laws of the State of Colorado, without regard to conflict of laws and/or choice of laws provisions. Any dispute, which is not arbitrated, or not resolvable in small claims court, will be decided using exclusively the state or federal courts in Colorado, which are in Denver County, Colorado. You and Masque agree to: (i) submit to the personal jurisdiction of these courts, (ii) waive any objections to these courts exercising their jurisdiction over you and Masque, and (iii) waive any objections to venue in such courts. Further, you and Masque agree that no dispute involving you and Masque will be brought under the laws of another jurisdiction and/or having a different venue.

  15. Copyright and trademark notices. The Services are copyright © 2024 Masque Publishing, Inc. and/or its suppliers. All rights reserved. Masque and the names, logos, and icons of all Masque products, software, and services may be either trademarks or registered trademarks of Masque 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.

  16. Miscellaneous. This Section, and Sections 1, 7 (for amounts incurred before the end of these Terms), 11, 12, 13, 14 and those that by their terms apply after these Terms end will survive any termination or cancellation of these Terms. Masque 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 for your use of the Services. It supersedes any prior agreements between you and Masque regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law.

  17. Information for California Consumers. As a provider of an electronic commercial service that can be used by California residents and pursuant to California Civil Code Section 1789.3, California consumers are to be provided the following California consumer services contact information: Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834. 808-952-5210.

© 2024 Masque Publishing, Inc. All rights reserved

 
Masque Publishing