Spontaneous QuirK LLC

Terms of Service

Effective Date: July 1, 2015

The terms of this agreement (“Terms of Service”) govern the relationship between you and Spontaneous QuirK and its affiliates (hereinafter “Spontaneous QuirK” or “Us” or “We”) regarding your use of Spontaneous QuirK’s games, websites and related services (the “Service”). Use of the Service is also governed by Spontaneous QuirK’s Privacy Policy.

Before accessing or using the Service, including browsing any Spontaneous QuirK website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

If you access the Service from a social network or download the Service from another platform, such as Facebook, Twitter, Apple or Google, you must also comply with its terms of service/use as well as these Terms.

By installing, using or otherwise accessing the service, you agree to these terms of service. If you do not agree to these terms of service, please do not install, use or otherwise access the service. Use of the service is void where prohibited.

Spontaneous QuirK reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting the amended terms on the Spontaneous QuirK Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Spontaneous QuirK Privacy Policy, or any other Spontaneous QuirK policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. License

1.1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Spontaneous QuirK policies, Spontaneous QuirK grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

  • You shall not create an Account or access the Service if you are under the age of 13. You shall 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. You are responsible for any use of your credit card or other payment instrument by minors.
  • You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not use the Service if you have previously been removed by Spontaneous QuirK, or previously been banned from playing any Spontaneous QuirK game.
  • You shall use your Account only for non-commercial purposes. You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including spam e-mail or repetitive messages to anyone.

Login information and Your Account

During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Spontaneous QuirK and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Spontaneous QuirK reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

The Service supports only one Account per game on a supported device.

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

  • Engage in any act that Spontaneous QuirK deems to be in conflict with the spirit or intent of the Service or make improper use of Spontaneous QuirK’s support services.
  • Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Spontaneous QuirK Game or any Spontaneous QuirK game experience or modify or cause to be modified any files that are a part of the Service or any Spontaneous QuirK game.
  • Create, manage and/or maintain multiple accounts to accumulate, farm or transfer virtual in-game items or virtual currency (“Virtual Items”) to yourself or other players.
  • Intentionally lose to benefit other players or expose information related to the game that provides other players an undue advantage
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Spontaneous QuirK game environment.
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
  • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Spontaneous QuirK, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
  • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Spontaneous QuirK employees and customer service representatives.
  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Spontaneous QuirK employee.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Spontaneous QuirK game, or to obtain any information from the Service or any Spontaneous QuirK game.
  • Solicit or attempt to solicit personal information from other users of the Service or any Spontaneous QuirK game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

Spontaneous QuirK reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Spontaneous QuirK reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

1.2. Suspension and Termination of Account and Service

Without limiting any other remedies, Spontaneous QuirK may limit, suspend, terminate, modify, or delete accounts or access to Spontaneous QuirK services or portions thereof if you are, or Spontaneous QuirK suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you. You can lose your user name and persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and Spontaneous QuirK is under no obligation to compensate you for any such losses or results.

We may limit, suspend or terminate the service and user accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.

Spontaneous QuirK reserves the right to terminate any account that has been inactive for 180 days.

Spontaneous QuirK reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Spontaneous QuirK shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

2. Ownership

2.1. Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Spontaneous QuirK game client, and the Spontaneous QuirK game clients and server software) are owned by Spontaneous QuirK. Spontaneous QuirK reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Accounts

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of Spontaneous QuirK.

2.3. Virtual Items

Spontaneous QuirK owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Spontaneous QuirK games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Spontaneous QuirK game, whether earned in a game or purchased from Spontaneous QuirK, or any other attributes associated with an Account or stored on the Service.

2.4. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Spontaneous QuirK game client or the Service, or that other users upload or transmit, including without limitation any chat text or gameplay uploads. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Spontaneous QuirK in accordance with its Privacy Policy. Spontaneous QuirK reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

3. User Content

3.1. Content Screening

Spontaneous QuirK assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text and gameplay uploads) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or gameplay uploads.

If at any time Spontaneous QuirK chooses, in its sole discretion, to monitor the Service, Spontaneous QuirK nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Spontaneous QuirK cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Spontaneous QuirK shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Spontaneous QuirK may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Spontaneous QuirK violates these Terms of Service.

3.3. User Feedback and Suggestions

Should you choose to provide feedback, suggestions, ideas, proposals, comments or materials (“Submissions”) related to the game, you acknowledge and agree that the Submissions are non-confidential and non-proprietary, that Spontaneous QuirK shall have no obligations concerning the Submissions, and that Spontaneous QuirK may use, redistribute, or disclose the Submissions for any purpose and in any way, without any compensation to you or any third party.

3.4. License

You hereby grant to Spontaneous QuirK an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Spontaneous QuirK the right to authorize others to exercise any of the rights granted to Spontaneous QuirK under these Terms of Service. You further hereby grant to Spontaneous QuirK the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Spontaneous QuirK does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Spontaneous QuirK has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.5. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Spontaneous QuirK games. Spontaneous QuirK reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Spontaneous QuirK to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Spontaneous QuirK access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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.

4. Fees and Purchase Terms

4.1. Purchases

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or chips, all for use in Spontaneous QuirK games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.

Spontaneous QuirK may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Spontaneous QuirK shall have no liability to you or any third party in the event that Spontaneous QuirK exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Spontaneous QuirK, another user or any third party.

All purchases and redemptions of third party virtual currency made through the service are final and non-refundable.

The provision of Virtual Items for use in Spontaneous QuirK games is a service provided by Spontaneous QuirK that commences immediately upon acceptance by Spontaneous QuirK of your purchase.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Spontaneous QuirK may revise the pricing for the goods and services offered through the Service at any time. You acknowledge that Spontaneous QuirK is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

5. Promotions & Offers

From time to time, Spontaneous QuirK may offer limited time promotions. Please review the official rules (if any) associated with the promotion. They will apply in addition to these Terms.

In addition, from time to time, Spontaneous QuirK may promote Offers. Spontaneous QuirK is not required to give, and players are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at the sole discretion of Spontaneous QuirK. If you accept any Offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before You accept the offer. If you accept an Offer you also assume all liability associated with the Offer.

6. Third-Party Advertising

The Service may feature advertisements from Spontaneous QuirK or other companies.

Links may be provided to other companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Service or upgrade (such as in-game currency) in exchange. Any charges or obligations you take on in dealing with these other companies are your responsibility.

Spontaneous QuirK makes no representation or promises about any content, goods or services these other companies provide, even if linked to or from the Service. Also, just because a link is included in the Service does not mean Spontaneous QuirK endorses that linked site. Spontaneous QuirK is not liable for any claim relating to any content, goods and/or services of third parties.

Linked sites are not under the control of Spontaneous QuirK and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. Spontaneous QuirK is not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you. Your relationship with that other company will control how it can use, store, and share your information.

7. Updates to the Service

You understand that the Service is an evolving one. Spontaneous QuirK may require that you accept updates to the Service and to Spontaneous QuirK’s games you have installed on your computer or mobile device. You acknowledge and agree that Spontaneous QuirK may update the Service and Spontaneous QuirK games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Spontaneous QuirK’s Games.

8. Disclaimer of Warranties

The service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Spontaneous QuirK does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the game or the service are free of viruses or other harmful components.

9. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

Spontaneous QuirK shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these terms of service or the service itself, whether based on contract, tort or any other legal theory, and whether or not Spontaneous QuirK has been advised of the possibility of such damages. Spontaneous QuirK shall not be liable to you for more than the amount you have paid to Spontaneous QuirK in accordance with these terms of service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Spontaneous QuirK during such time period, your sole remedy (and Spontaneous QuirK’s exclusive liability) for any dispute with Spontaneous QuirK is to stop using the Service and to cancel your account.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Spontaneous QuirK may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Spontaneous QuirK’s liability shall be the minimum permitted under such applicable law.

You agree to indemnify, defend and hold Spontaneous QuirK harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

10. Dispute Resolution and Law

If a dispute arises between you and Spontaneous QuirK, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at https://spontaneousquirk.uservoice.com . These Terms of Service and any dispute arising out of or related to it or the Privacy Policy or the Service shall be governed in all respects by Washington law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Spontaneous QuirK must be resolved exclusively by a court located in Seattle, Washington.

11. Severability

You and Spontaneous QuirK agree that if any portion of these Terms of Service or of the Spontaneous QuirK Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective 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 to be in full force and effect.

12. General Provisions

12.1. Assignment

Spontaneous QuirK may assign or delegate these Terms of Service and/or the Spontaneous QuirK 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 the Terms of Service or Privacy Policy without Spontaneous QuirK’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

12.2. Supplemental Policies

Spontaneous QuirK may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

12.3. Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Spontaneous QuirK Privacy Policy), contain the entire understanding of you and Spontaneous QuirK, and supersede all prior understandings of the parties hereto relating 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.

12.4. No Waiver

The failure of Spontaneous QuirK to require or enforce strict performance by you of any provision of these Terms of Service or the Spontaneous QuirK Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Spontaneous QuirK’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Spontaneous QuirK of any provision, condition, or requirement of these Terms of Service or the Spontaneous QuirK Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Spontaneous QuirK shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Spontaneous QuirK.

12.5. Notices

We may notify you by posting something on the Service or in the games you play, and by sending you an e-mail or using other ways of communicating with you based on the contact information you provide to Us. All notices given by you or required from you under these Terms of Service or the Spontaneous QuirK Privacy Policy shall be in writing and sent to legal@spontaneousquirk.com . Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

12.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Spontaneous QuirK are of a unique and irreplaceable nature, the loss of which shall irreparably harm Spontaneous QuirK and which cannot be replaced by monetary damages alone so that Spontaneous QuirK shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Spontaneous QuirK game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages,

12.7. Force Majeure

Spontaneous QuirK shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Spontaneous QuirK, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Spontaneous QuirK’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.