The terms of this agreement (“Terms of Service” or “TOS”) govern the relationship between you (the “User”) and Create Neptune LLC (hereinafter “us” or “we” or “CN”), a New York limited liability company which operates under the trade name “Create Neptune”.

 

Before we get into our Terms of Service, we want to be clear with you about our only goal and mission statement: we want you to have a fun and happy experience with our products. We think we make great games and apps, and we want you to feel that way too. We make our products because we love creating joy for ourselves and others. As mentioned numerous times below, to the extent you are having a problem with any one of our products, please email us at support@createneptune.com and we will do our best to resolve your issue. We are not perfect, but we make every attempt to ensure that our products are constantly evolving to better suit your needs.

 

Now for the legal stuff we kindly ask you to review:

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1. You must agree to the TOS and our privacy policy to use any of our services, which includes all our software applications and this website. If you access our services using a social networking site, like Facebook or Google, you must also agree to their TOS and privacy policies. By installing or accessing any of our services you are deemed to have agreed to the most current TOS and privacy policy, which will always be located here.

2. We reserve the right to change these terms at any point without notice. Our latest terms will always be available on our website. If you have any questions about our TOS or privacy policy you can always email us at support@createneptune.com.

3. You must be at least 13 years old to use our services. If you are a minor (under the age of 18) you must have the permission of an adult parent or guardian--who has reviewed these terms--to use our services. You also should not give access to our services to anyone under the age of 13.

4. You may use any of our services for your own non-commercial entertainment purposes. You cannot use any of our services or related material for commercial purposes without our written and signed express permission.

5. You may be required to make an account with us to gain access to our services. You are responsible for anything that happens on your account, including any purchases made. Do not provide your account name and password to anyone else. If for any reason you believe that your account has been compromised, immediately email us at support@createneptune.com.

6. CN reserves the right to revoke your account without notice for any reason, in whole or in part, or take legal action against you if you violate our terms. In particular, you agree to the following:

   1. You may not cheat or use any third-party software to alter the experience of our services.

   2. You may not modify our service.

   3. You may not manipulate scores or ranks in any way.

   4. You may not post any material we deem to be offensive. If you see any material posted that you find offensive, you may email us at support@createneptune.com, and we have the right, but not the obligation, to review it.

   5. You may not attempt to reverse engineer our code.

   6. You may not use any of our intellectual property, including pictures, animations, or games for your own commercial purposes.

   7. You may not attempt to gain access to someone else’s account.

   8. You may not collect or post others’ private information.

7. If you have made purchases on your account and we revoke your account status for any reason, you will not be refunded.

8. We may terminate services either to you or in their entirety whenever we would like, and you will not be entitled to any refund or compensation as a result. If you would like to terminate your own account, you may email us at support@createneptune.com to do so.

9. All games, code, concepts, artwork, and other intellectual property associated with our services are owned by us. All rights in and to your account are owned by us, and you have no ownership rights over your account with us.

10. You may purchase virtual currency and items through our services. All sales are deemed final upon completion of the purchase. You are not entitled to any refund or compensation for any purchases of virtual currency.

11. We may alter the nature of our virtual currency or items without any notice to you. We have no responsibility to provide you with a refund should we alter the nature of our virtual currency or items.

12. We own all the virtual currency and items purchased through our services. You have no ownership rights over any virtual currency and items purchased, and we may revoke your ability to use our virtual currency or items without any notice to you.

13. You may not trade any virtual currency or items with others other than when we expressly permit it in our services.

14. Virtual currency may only be available on the device on which you purchase it. We have no obligation to transfer virtual currency to another device, whether it be yours or a third party’s.

15. Any information you submit to us via our services or other communications becomes our property, and will be processed in accordance with our Privacy Policy, incorporated below.

16. We take no responsibility for data submitted by users. We have the right, but not the obligation, to review user data for appropriateness. Report anything you find inappropriate to support@createneptune.com and we will review your findings at our discretion.

17. We may, in perpetuity, use your user content, name, likeness, or any other information you submit to us through our services or other forms of communication for any purpose other than those expressly prohibited by law. We may alter what you submit to us. We may also authorize others to use this information. There is more information about this in our Privacy Policy, incorporated below.

18. You agree to to pay all fees and taxes related to your account, whether your account was used by you or anyone else. You agree that we are not responsible for providing you with a refund or compensation under any circumstances.

19. Our services are being provided “as is,” and we cannot guarantee that they will always be available to you how and when you want them to be. While we attempt to make our services as valuable and useful as possible to the consumer, we do not guarantee that our services are error-free or free of harmful components.

20. We are not liable to you for any damages resulting from the use of our products. Your sole remedy is to stop using our services and cancel your account, which you may always do by emailing us at support@createneptune.com.

21. These TOS and any dispute arising from them or our Privacy Policy or services shall be governed in all respects by New York law. Any claim or dispute you have against CN must be resolved exclusively by a court located in New York.

22. If a portion of these TOS or Privacy Policy is found illegal or unenforceable, in whole or in part by any court, the rest of the TOS or Privacy Policy remains severally valid.

23. We may notify you at any time using the contact information you provided to us, whether via our services or a social networking service. All notices given by you or required from you under this TOS must be in writing and addressed to: support@createneptune.com. Any notices that you provide without compliance with this section shall have no legal effect.

 

Privacy Policy

 

This privacy policy describes the ways in which we collect data about you, how we use your personal data, and the choices you have about your personal data. This policy applies to all of CN’s services. If you have any questions about privacy, you may email us at support@createneptune.com. You may request to delete your data from our services by emailing us at support@createneptune.com.

 

First and foremost, we will make every attempt possible to secure your data and protect it from unauthorized access or against loss, misuse, or alteration.

 

For the purposes of improving your experience with our products, we may collect from you:

• Contact information, like your name and email address;

• Your username and password;

• Any profile information you provide directly through our services or through a social networking site;

• Any data you choose to provide to us via our services or other communications;

• Data about your account and game progress;

• Gameplay data like scores and ranks;

• Your IP address and device identifiers;

• Data about your device;

• Location data;

• Data we receive from any social networking service you associate with our services;

• Demographic data;

• Data for advertising and analytics.

 

The people other than us who can see your data and what they see are as follows:

• Other players and users can see your username, ranks, and scores, and any posts you make on our services;

• Our partners who perform services for us necessarily have access to your data but may process this data only at and according to CN’s instructions to provide our services, such as hosting or database services;

• Public authorities may request your data, which we will disclose only to the extent required by the law.

 

We will retain your data for as long as your account is active or as needed to provide you with our services.

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You may always opt out of the Google Analytics features we use for our products, including remarketing, display network impression reporting, demographics and interest reporting, and Google's integrated services at https://myaccount.google.com.

 

You may always opt out of communications from us or our services by emailing us at support@createneptune.com.