Terms of Service
Effective January 12, 2018.
IMPORTANT NOTICE: FOR U.S. AND CANADIAN PLAYERS, DISPUTES ABOUT THESE TERMS OR RELATING TO Evening Breeze Studio SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, go to Section 17.
Whenever you use the Services, you agree to be bound by all of the terms and conditions of these Terms of Service. If you don’t agree to all the terms and conditions you must not use our Services.
References to “Evening Breeze Studio,” “Us” or “We” means Evening Breeze Studio and Evening Breeze Studio’s Corporate Family.
Evening Breeze Studio. is located at 123 Street, City, California 95965. In all cases, “Evening Breeze Studio,” “Us,” or “We” includes agents, consultants, employees, officers and directors.
“Account” means an account you create when you access the Services.
“Community Rules” means the rules of conduct that govern your interaction with our Services and other players and can be found here.
“Feature Terms” means any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that We may publish which apply to your use of those specific services and state they are part of these Terms.
“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that Evening Breeze Studio may offer from time to time to certain eligible players.
“Services” refers to products, games, services, content, Evening Breeze Studio.com and/or the other domains provided by Evening Breeze Studio.
“Terms of Service” or “Terms” means these terms of service.
“User Content” means all the data that you upload or transmit on or through the Service. This includes things like your profile picture or your in-game chat.
“Virtual Items” means (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service and (b) virtual in-game items.
2. CHANGES TO THESE TERMS
3. ACCOUNT INFORMATION AND SECURITY
You agree to supply Evening Breeze Studio with accurate, complete, and updated information, particularly your email address.
You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example, credit card, PayPal or social network or platform virtual currency).
Tell Us immediately of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.
5. USING OUR SERVICES
Who can use our Service: We are excited to have you start playing our games, but there are some limits on who can use our Service.
You may not use our Service if:
You cannot enter into a binding contract with Evening Breeze Studio;
You are under 13 years of age, in which case you must not create an Account, use any part of the Service except games with an age screen after accurately identifying your age, or submit personal information through the Service or to Evening Breeze Studio (for example, name, address, telephone number, email address);
You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals;
You are a convicted sex offender; or
You have previously been banned from playing any Evening Breeze Studio game or using any Evening Breeze Studio Service.
If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.
Additional Important Rules and Terms:
If you use our Service, you must follow the Evening Breeze Studio Community Rules and all other Feature Terms that may apply. These additional rules and terms apply in addition to these Terms and are important. Please read them. If you access the Service from a social network or download the Service from another platform, such as Apple or Google, you must also comply with its terms of service/use as well as these Terms.
Accessing our Service:
To access or play our games or create an account with Us, you may need an account with a social network, like Facebook, and, if you are using our mobile Service, an account with the company that provides your mobile applications, like an iTunes account. You may need to update third party software from time to time to receive the Service and play Evening Breeze Studio’s Games.
We provide the games. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, or for data or cellular usage to download and use the Service.
Service Changes and Limitations:
Evening Breeze Studio reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or any part of it will be automatically terminated or suspended. If that happens, Evening Breeze Studio is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for virtual goods previously earned or purchased.
Evening Breeze Studio MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT AND Evening Breeze Studio IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
Deleting your Account:
6. OWNERSHIP; LIMITED LICENSE
Games and Service:
The Service is comprised of works owned by Evening Breeze Studio, and it is protected by copyright, trademark, trade dress, patent and other US and non-US intellectual property and other applicable laws, rules or regulations. Evening Breeze Studio owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. These Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service.
So long as you abide by these Terms and any other rules, including the Community Rules, Evening Breeze Studio grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms, to access and use the Service using a Evening Breeze Studio supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
If you violate these Terms, or any of Our other terms that apply to you, We may take action against you, up to and including permanently suspending your account. In addition, you may be breaking the law, including violations of Evening Breeze Studio’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY Evening Breeze Studio GAME IS A VIOLATION OF Evening Breeze Studio POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Your Account and Virtual Items:
Regardless of what anything else says in these Terms, the Community Rules, or any other Feature Terms that apply to features you may choose to use, you do not own the Account that you create on Our Service, including in Our games, and your Account is not your property. This also applies to other stuff, like in-game currency or items, regardless of whether you “earned” those items in a game or “purchased” them. Your account and any related items are owned by Evening Breeze Studio. Evening Breeze Studio gives you a limited license to use your account and the related items while We offer the Services
WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.
You are not allowed to transfer Virtual Items outside of the Service (i.e., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and We may terminate your Account because of it.
If you transmit or upload User Content on the Service, you agree that it will be:
not in violation of the law;
not in violation of contractual restrictions or other parties’ rights, and that you have permission from any other party whose personal or other information or intellectual property is contained within the User Content;
free of viruses, adware, spyware, worms or other malicious code;
in compliance with the Evening Breeze Studio Community Rules.
You own your User Content, but you give Evening Breeze Studio a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, license to use your User Content and any modified and derivative works thereof in connection with the Service, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).
7. MONITORING USE OF SERVICE AND USER CONTENT
We have no obligation to monitor User Content and We are not responsible for monitoring the Service for inappropriate or illegal User Content or conduct by other players. That said, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content.
We may also, at our discretion, choose to monitor and/or record your interaction with the Service or your communications with Evening Breeze Studio or other players (including without limitation chat text and voice communications) when you are using the Service.
We are not responsible for information, materials, products or services provided by other players (for instance, in their profiles).
8. YOUR DEALINGS WITH OTHER PLAYERS
You are responsible for your interactions with other players. If you have a problem with another player, We are not required to get involved, but We can if We desire.
If you have a dispute with another player, you release Evening Breeze Studio and its officers, directors, agents, subsidiaries, joint ventures, and employees, and all Evening Breeze Studio Affiliates from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use or data.
If you live in California, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."