Terms of Service and

End-User License Agreement

 

The following End-User License Agreement (the “EULA”) governs your rights and obligations regarding the use of Pumpkin Hunt – The Game, The Website, and The Application  (collectively the “Application”) and service (both collectively referred to as the “Service”), via mobile application or website.

This EULA constitutes a fully binding agreement between Justice Creative, LLC, having a place of business in Jacksonville, FL 32207, USA (“JCLLC ” or “We”), the owner of all rights in and to the Service, and you.

 

THEREFORE, You must carefully read this EULA. By ACCESSING AND/OR USING THE SERVICE, YOU agree to be bound by all terms herein.

 

If you do not agree with ALL of the terms, WE REQUEST THAT YOU REFRAIN FROM USING THE SERVICE. JCLLC reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify this EULA, and to impose new or additional terms and conditions on your use of the Service from time to time.

Such changes shall be effective immediately and incorporated into this EULA upon notice thereof, which may be provided by any reasonable means including by posting to our website or display in the mobile application. Your continued use of the Service following such note will be deemed to constitute acceptance of the updated EULA.

Changes will not apply retroactively.

 

THE SERVICE

 

The Service allows you (“The Player”) to play a game (“Game”) in which the Player chooses from an amount of squares in a grid pattern and attempt to find a gold pumpkin image (“Gold Pumpkin”).  After finding the Gold Pumpkin Image, the Game is in a pick one more state (“Pick One More State”).  In the Pick One More State, the Player must then pick from among the remaining squares in the grid and not find a ghost image (“Ghost’).  The Pick One More State of the Game stops when the Player chooses a square and a non-Ghost image is uncovered.  Points are awarded or taken away from a Player’s score based on the item images that are uncovered by clicking on the grid squares.  Each grid square has a randomly assigned image and value.  Values of the squares will change as the Player plays the game. The Game objective is to go through 50 house grids (“House”) and find a Gold Pumpkin in each and then a non-Ghost image after finding the Gold Pumpkin.  After 50 Gold Pumpkins have been collected by the Player in a single Game. The Game is considered “won” at that point and a bonus is awarded to the Player’s score.  The Game and becomes finished (“Ended Game”) .

 

The Service will remove one half of the Player’s Game Score if a Ghost is discovered while searching the squares.  This loss of score can be prevented by other instruments in the Game.

 

The Player has a  spook meter (“Spook Meter”) measurement device that has a value of 0 to 60 and increases with uncovering Skeleton Images or Ghost Images within the “house” grid of squares.

The Game ends and becomes an Ended Game if the Spook Meter reads 3 Ghosts or a value of 60 or Greater, this condition is called spooked out (“Spook Out”).

There are several other events, items, and factors that can increase, decrease  the Player’s Spook Meter and Score as defined within the Game itself.

The Game can also become and  Ended Game voluntarily by the Player at anytime other than a Pick One More State of the game.  This is to allow the Player to record their Ended Game on the JCLLC servers.

 

The Game has two modes of play guts mode(“Guts Mode”) and (“Glory Mode”).  These modes of play are defined with the Game and are retained in the Ended Game Record.

Guts Mode is a mode in which all special game abilities, changes, and power ups (“Power Ups”) are earned at random  from the Game Engine exclusively and the Player cannot purchase or use any self purchased items within.  Further, the Player has no options to continue the game if their game is Spooked Out.

 

Glory Mode is a mode in which the Player can use a glory points (“Glory Points”), a currency obtained in the Game, to purchase power ups and reduce the “Spook Meter” in various ways.  Glory Points can be used to continue the game in the event of a Spook Out condition.

The Gut Mode is the default mode of the game that is free of charge.

The Glory Mode of the Game can be purchased for a fee.

Glory Points are obtained by the Player through Game play and attaining certain objectives.

Glory Points can be purchased by the Player for their account for a fee in various amounts as defined in the “Store”.

 

The Store service is a method to purchase items for and within the Game using real currency and Glory Points.

 

The Service retains a certain amount of Saved Games free of charge on JCLLC servers and charges fees for increasing the amount of Saved Game per player.

 

The Service retains records of Ended Games via the various means on JCLLC servers and provides Leader Boards per season per Game Mode and per day based on the value of the Final Score in attained by the Player in the Ended Game.

 

The Service is available during the Pumpkin Hunt Season (“Season”) free of change.  The Service is available outside of the Season to Players who have purchased the Glory Mode of the Game.

 

The Season is defined as a annual period of time from Sept 30 thru and including November 4.

 

 

 

THE LICENSE

 

JCLLC hereby grants you a free of charge, non-exclusive, non-transferable, revocable license (the “License”) to use the Service solely for private, personal, non-commercial purposes on any supported mobile device that you own or control legitimately and for which the Service was designed subject to compliance with this EULA, Apple end-user license agreement and/or terms and conditions, Google end-user license agreement and/or terms and conditions, Microsoft end-user license agreement and/or terms and conditions, or any other third party software developer end-user license agreement and/or terms and conditions (collectively referred to as the “Third Party Terms”), by which you agree to be bound. This is a License to display, use and access the Service for its intended purpose and is not a transfer of title.

 

You and JCLLC acknowledge that this EULA is concluded between you and JCLLC , and not with Apple, Google, Microsoft or any other third party software developer. JCLLC is solely responsible for the License and the content thereof.

 

Install at your own risk

 

Use at your own risk.

 

Play at your own risk.

 

Maintenance and support

 

JCLLC will be solely responsible for providing any maintenance and support services with respect to the Application, as specified in this EULA, or as required under applicable law. You and JCLLC acknowledge that Apple, Google, Microsoft or any other third party software developer have no obligation whatsoever to furnish any maintenance and support services with respect to the Application, unless otherwise provided.

 

Support is provided on an as-needed basis.  JCLLC will make reasonable efforts to support and make corrections to users and data where appropriate.  However, no firm timeline for support response can be given.  If there is an issue with this condition, do not use The Service.

 

 

 

USE OF THE SERVICE

 

You must not copy, save or otherwise use the data from the Service’s database, except as expressly permitted by this EULA. This clause does not limit the use of the database as intended by the Application and for the purposes of private and personal use of the Service.

 

Unless you have a written agreement to the contrary with JCLLC , or except in accordance with this EULA, you may not, without limitation : (i) duplicate the Service or any of the materials and/or content contained therein; (ii) create derivative works based on the Service or any of the materials and/or content contained therein or integrate it within a service of your own; (iii) use the Service or any of the materials and/or content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (iv) distribute the Service or any of the materials and/or content contained therein, except as specifically intended for in the Service; (v) resell, redistribute or sublicense the Service or offer it for rent or lease; or (vi) use the Service on any mobile device that you do not own or control. You may, however, use the Service’s Twitter and/or Facebook integration to make materials you post available on those platforms, provided that you comply with the applicable terms and conditions of such platforms. You also may not: (i) remove any copyright or other proprietary notices from the Service and/or content contained therein; (ii) circumvent any encryption or other security tools used anywhere on the Service (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of the Service); (iii) use any data mining, robots or similar data gathering and extraction tools on the Service; (iv) decompile, reverse engineer, modify or disassemble any of the Application aspect of the Service and/or content; or (v) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit or otherwise assign to any third party the materials and/or content or any of your rights to access and use the materials and/or content as granted above.

You agree to cooperate with JCLLC in causing any unauthorized use to cease immediately. By submitting and posting content, related to the Service or otherwise, you acknowledge, consent and agree that some information pertaining to your posts will be disclosed publicly such as your account information, time of post and location.

 

You acknowledge, consent and agree that JCLLC may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this EULA; (iii) respond to claims that any material violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of JCLLC , the Service, its users and the public.

 

You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.

 

 

Unauthorized use of the Service or any of the materials and/or content contained therein shall terminate this EULA immediately.

 

 

TERMINATION

 

You may terminate your access and use of the Service at any time and for any reason whatsoever. You agree that JCLLC may, without prior notice, modify, suspend, limit or terminate immediately your access to the Service (or any part thereof), at any time and for any reason JCLLC deems appropriate, at its sole and absolute discretion.

 

JCLLC is not liable to anyone in case of any such event, no matter the motive.

 

Cause for such termination or limitation of access may include, but not be limited to, (i) violation of this EULA or other related terms and conditions or guidelines for use, (ii) request by law enforcement or other government agencies, (iii) discontinuance or modification of the Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, (vi) engagement by you in fraudulent, illegal or seemingly illegal activities, (vii) engagement by you in any act that is harmful or may be harmful to JCLLC , or any third party, or (viii) intentional providing of wrongful or erroneous information. You agree that all terminations and limitations of access for cause shall be made in the sole discretion of JCLLC , and JCLLC shall not be liable to you or any third party for any termination or limitation of your access to the Service.

WARNINGS

 

CAUTION.

ONLY USE THE SERVICE WITH CAUTION AND CARE AND IN SUCH A WAY THAT ALLOWS YOU TO CONSULT YOUR MOBILE DEVICE SAFELY. Always be aware of YOUR surrounding before using the service, and follow the applicable rules and laws. Any use while in motion and when awareness is required, be it on foot, bicycle, motorized vehicle or any other transportation method, is strictly not RECOMMENDED and should be avoided.

 

NEURAL OSCILLATION.

Some features of the Service utilize neural oscillation INCLUDING WITHOUT LIMITATION BINAURAL BEATS, ISOCHRONIC TONES, MONORAL BEATS AND/OR OTHER SOUNDS COMMONLY KNOW AS Brain waves sounds. in no event shall the service be considered as medical TREATMENT or health related therapy, the service being offered at your SOLE RESPONSIBILITY AND AT YOUR own risk. we RECOMMEND that you consult A MEDICAL SPECIALIST before using the service. we DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE. PEOPLE SUFFERING FROM EPILEPSY OR ANY OTHER FORM OF MENTAL DISORDER SHALL IN NO CIRCUMSTANCES USE THE SERVICE WITHOUT PRIOR MEDICAL APPROVAL.

 

ACCURACY OF INFORMATION.

THE INFORMATION PROVIDED VIA THE SERVICE MAY SOMETIMES BE INACCURATE, INCOMPLETE OR OUT OF DATE. JCLLC DOES NOT warrant THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS INFORMATION.

 

The Internet connection is under your responsibility and at your expense.  Access and use of the service require a data connection between your device and the internet.

The COSTS of such connection are as prescribed by the agreement between you and your communication service provider and according to its applicable terms.

JCLLC assumes no liability in this respect. SERVICE operation. JCLLC exerts all reasonable efforts to provide a satisfactory and high quality service, but we do not warrant that the service will be uninterrupted or free of errors, failures, or BREAKDOWNS, from any harmful or damaging component, or that it is secure or protected from unauthorized access.

 

NO Guarantee.

JCLLC PROVIDES THIS SERVICE AND MATERIAL AND/OR CONTENT CONTAINED THEREIN “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION, of quality and/OR fitness for a particular purpose, features, non-infringement, compatibility, performance, security or accuracy.

JCLLC, including its officers, directors, employees, subcontractors, representatives and agents are not liable for any direct, indirect, incidental, consequential damage or any other damage or loss (including loss of profit and loss of data), as well as costs, expenses and payments incurred, arising from or in relation with the use of or inability to use the service, or any failure, error or breakdown in the service, or from your reliance on the content of the service, including offers and content from a third party, or any communication with the service, or any refusal or limitation of your access to the service, or from the maintenance, deletion, disclosure and any other use or loss of information provided to the service.

 

You acknowledge and agree that you assume full, exclusive and sole responsibility for the use of the service and that such use is entirely at your own risk.

 

EXAMPLES OF LIMITS

APPLICATION DATA ,SAVES, and HIGH SCOREs are recorded constantly in JCLLC servers from the devices but they depend on constant data connection from device to cloud servers.  Any device failure or connection failure may result in data loss.  JCLLC has many redundancies in place to prevent data loss, but these are non-binding to hold JCLLC liable for any claims of data loss due to any circumstance beyond control.

Play at your own risk.

 

 

 

FORBIDDEN CONTENT

It is forbidden to submit content of a commercial nature (including advertising), unless such content has been approved by JCLLC in advance.  JCLLC may decline to publish, or immediately delete any content you submitted, if you have violated this EULA or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users or JCLLC . In such cases, JCLLC may also prevent you from posting additional content on the Service.

 

 

RIGHTS IN CONTENT

When you submit content to be published on the Service, you represent and warrant that you are permitted to publish the content and to permit JCLLC to publish the content. Examples include, photos, video, and text uploaded or shared on the Website and Application.

 

EXAMINATION OF CONTENT

 

JCLLC may examine the content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous content, or remove such content after its publication. JCLLC retains sole discretion to determine which content will be published, the duration of its publication, its location, design and any other matter pertaining to the publication of content within the Service. JCLLC does not guarantee that all content will be published, in general or for any limited time. Content submitted by users for publication does not reflect the views of JCLLC . Publishing content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

 

INTELLECTUAL PROPERTY

 

All intellectual property rights in and to the Service and its database, including copyrights, trademarks, industrial designs, patents and trade-secrets – are either exclusive property of JCLLC or licensed to JCLLC . The Service is protected, among others, by the United State Copyright Office, or by provisions prescribed by any other law, in United States and abroad.

 

Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Service, in any manner or means without the prior written consent of JCLLC , is strictly forbidden. “Justice Creative”, “Pumpkin Hunt”, “Pumpkin Hunting”, “Zansabar”, the JCLLC logo, and other trade and/or service marks are property of JCLLC and may not be used in any of the aforementioned means.

 

JCLLC may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under this EULA.

 

LIMITATION OF LIABILITY AND WARRANTY

 

JCLLC PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

 

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk.

Install at your own risk.

Play at your own risk.

 

Further, JCLLC will not be held responsible for any users’ lack of understanding of the American English language on this Service.  To consume the Service, the user must be able to understand and read the American English (EN-US) language as this is the language the EULA is written in.

If the user cannot understand the EULA, then then should not install  the Application or use the Service.

 

JCLLC exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Application failures and Application communication failures, originating either from JCLLC , its providers or any other third party.

 

You and JCLLC acknowledge that JCLLC , not Apple, Google, Microsoft or any other third party software developer, is solely responsible for addressing any claims you or any third party may have relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

JCLLC , INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, FOUNDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTIONING OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY ITS STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN NO EVENT SHALL JCLLC’S MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DAMAGES EXCEED THE AMOUNT OF ONE US DOLLAR ($1).

 

Your use of the Service may be subject to various local, provincial, states, national, or international laws, and you may have rights which vary from jurisdiction to jurisdiction. Because some countries do not allow limitations on warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision found herein shall not be enforceable solely to the extent that it is prohibited by an applicable law.

 

LINKS AND COMMERCIAL INFORMATION

 

JCLLC or third parties may incorporate in the Service links to other sites or resources on the Internet, for information purposes. JCLLC does not approve the data, software or any other content found on sites or in resources that do not originate from JCLLC . You acknowledge that JCLLC is not liable, directly or indirectly, for damages or losses arising from your use of or reliance on said data, software or content. You are responsible for reading and understanding the privacy policies and conditions of use related to these sites or other resources.

 

Furthermore, JCLLC may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from JCLLC or from third parties. It is understood that commercial content posted by JCLLC or by third parties does not constitute a recommendation or encouragement by JCLLC to purchase the goods or services advertised. Insofar as the Application includes links to services or applications not operated or managed by JCLLC or content not originating from JCLLC , JCLLC will not be liable for any form of liability arising from your reliance on, or in connection with, such services, applications or content.

 

 

BREACH AND INDEMNITY

 

Subject to the mandatory provisions of any applicable laws, you agree to indemnify and hold harmless JCLLC , its employees, officers, directors, representatives, founders, and agents in the event you have violated this EULA or illegally used the Service. Considering that the Service is provided free-of-charge, such indemnity shall cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by JCLLC , its employees, officers, directors, representatives or agents, including without limitation legal expenses and attorney fees.

 

ENFORCEMENT

 

JCLLC shall not be liable for any failure to perform its duties specified herein due to unforeseen circumstances or to causes beyond its reasonable control, including without limitation: acts of nature (e.g. fire, flood, earthquakes), riots, acts of civil or military authority, terrorism, strikes, shortages in transportation, failures or other causes related to communication, information or technology services (e.g. hacking, spam, computer, servers or Application failure, etc.).

 

MODIFICATION OF THE SERVICE

 

JCLLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that JCLLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.

 

GOVERNING LAW AND JURISDICTION

 

As previously stipulated, this EULA, the Application and the Service will be governed solely by the laws of the State of Florida and the federal laws applicable therein, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to this EULA, the Application or the Service will be under the exclusive jurisdiction of the competent court in the judicial district of Jacksonville, State of Florida, United States of America.

 

WAIVER AND SEVERABILITY

 

The failure of JCLLC to exercise or enforce any right or provision of the EULA shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision of this EULA, or any portion thereof, to be unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remainder of this EULA will continue in full force and effect.

 

COMPLETE TERMS

 

This EULA, subject to any other third party software developer privacy policies and conditions of use (such as the Apple terms and conditions and the Google terms and conditions), shall all constitute the entire and complete agreement between you and JCLLC concerning the Service.

 

Personal information

 

The confidentiality of your personal information is important to JCLLC . JCLLC undertakes to protect and use the information only for the purposes for which it was collected.

 

CONTACT US

 

You may contact us concerning any question about this Service, through support@PumpkinHunt.com.

We will make our best efforts to address your inquiry promptly.

 

Last update: 7 JULY 2017