TERMS OF SERVICE

Please read these Terms of Service and our Privacy Policy carefully before using the Services provided by Money Smarts, LLC. (“MONEY SMARTS”).

By using the Services, you agree that these Terms of Service will govern the relationship between you and MONEY SMARTS. If you do not agree to all the terms and conditions, you must not use our Services or download our software.

1. Definitions:

1. a) Account – Any account created by you to access certain Services provided by MONEY SMARTS.
2. b) IP right – Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
3. c) Privacy Policy – MONEY SMARTS’ policy regarding privacy. The current version can be found at the website link provided.
4. d) Service or Services – Any game, website, and other related services provided by MONEY SMARTS and its affiliates.
5. e) Terms of Service or Terms – These terms of service.

OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD

1. a) Ownership. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, 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 MONEY SMARTS game client, and the MONEY SMARTS game clients and server software) are owned or licensed by MONEY SMARTS. MONEY SMARTS reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2. b) License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant MONEY SMARTS policies, MONEY SMARTS grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
3. c) License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. “Inactive” will be defined by MONEY SMARTS based on average usage of the Services from other users. You acknowledge that you will not directly or indirectly:

1. Partake in any activity or action that MONEY SMARTS deems to be against the spirit or intent of the Services.
2. Copy, distribute or reproduce any Service or related content.
3. Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or MONEY SMARTS itself.
4. Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person’s use or enjoyment of the Service.
5. 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 MONEY SMARTS employee.
6. Attempt to gain unauthorized access to the Service or Accounts not belonging to you.

Member Benefits:

Limited trials require a persistent internet connection. Free trials, where applicable, allow temporary access to specific Play List titles. Participation may require a payment method. After the free trial period, you will be billed for the selected MONEY SMARTS Play membership fee on a monthly, annual, or other time period basis. You can cancel during the trial period without being charged. Some trials may be limited to one per MONEY SMARTS Account per game across multiple Platform memberships. If your MONEY SMARTS Play subscription or any trial ends, you will lose access to the membership benefits, including Play List titles, game upgrades, or in-game purchases made in a Play List title, unless you have separate access to that Play List title for the applicable Platform. Recurring rewards are offered by title and require an active MONEY SMARTS Play subscription and a game installed from The Play List on the last day of the month for the next recurring reward to be available in-game the following month. Content benefits are not guaranteed, and may be changed, added, or removed at any time.

ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT

This section of the agreement pertains to the rules surrounding account access and assignment. It states that users must be at least 18 years old and legally competent to agree to the terms of the agreement on their own behalf. If the user is between the ages of 13 and 17, they may use the Services with the permission of a parent or legal guardian who agrees to take responsibility for the minor’s actions.

Each account may only be used by one person, and any attempt to transfer account rights or obligations is not permitted. However, if a parent or legal guardian allows a minor to use their account, they may do so provided that they acknowledge and accept responsibility for the minor’s actions and agree to indemnify the company for any damages incurred as a result of the minor’s actions.

Finally, the agreement clarifies that the company will not be held liable for any damages resulting from the actions of a minor who has been given access to an account by a parent or legal guardian.

SERVICE AND AVAILABILITY

1. a) You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of MONEY SMARTS, and that MONEY SMARTS cannot and does not guarantee you will be able to use the Services whenever you wish to do so.

1. Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So, these limitations/exclusions may not apply to you if you reside in one of those states or countries.

INDEMNITY

1. a) You agree to defend, indemnify, and hold harmless MONEY SMARTS, any third parties under agreement with MONEY SMARTS, any parent, subsidiary, or affiliate of MONEY SMARTS, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director, or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses, or expenses (including but not limited to attorneys’ fees and costs) that arise under, from, or in any way, directly or indirectly, relate to:

1. Your failure to comply with any provision of this agreement;
2. Your use of the Services, including but not limited to economic, physical, emotional, psychological, or privacy-related considerations; and
3. Your actions to knowingly access the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit, or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.

1. b) You acknowledge and further agree that MONEY SMARTS has no obligation to defend, indemnify, or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.

Top of Form

DISPUTE RESOLUTION

1. a) Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
2. b) Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if MONEY SMARTS, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or MONEY SMARTS may request resolution by nil and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.
3. The American Arbitration Association (AAA) will run the arbitration between you and MONEY SMARTS, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is di event than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
4. YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and MONEY SMARTS agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.

GENERAL PROVISIONS

1. a) It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that MONEY SMARTS may make changes to the provisions of this agreement at any time and that section headings in this agreement are for purposes of convenience only.
2. b) Force Majeure. Both you and MONEY SMARTS shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes, or other labor disturbances, fires, floods, acts of God, or any causes of like or different kind beyond the control of you or MONEY SMARTS, as applicable under the circumstances.
3. c) No Waiver. If we do not enforce a provision of these Terms or our Privacy Policy, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms or our Privacy Policy, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
4. d) Waiver. Signed written consent from a legally authorized representative of MONEY SMARTS is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
5. e) Injunctive Relief. You and MONEY SMARTS acknowledge that a breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement, the non-breaching party (i.e., you and/or MONEY SMARTS) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
6. f) Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of Colorado, or, as appropriate, by federal law as applied by a federal court sitting in Colorado, both without regard to Colorado choice of law rules.