This Terms of Service (the "Terms") should be read by you (the "User" or "you") in its entirety prior to your use of our service or products. This agreement is a legal contract between you and Boomtty Games, a division of Orange Lizard, Inc. (“Boomtty” or "we") and governs your access to, and use of, our games or applications, content, activities and services (the "Service") which are accessed through our web site or third party web sites, or any mobile devices thereof (the "Site").

In addition to the terms and conditions of this agreement, please review our Privacy Policy, the Site Rules, and the other rules, policies and terms and conditions relating to the games and promotions available on the Site as posted on the Site. By using the Service, you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using the Service.

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

1.1. Subject to the terms and conditions contained herein Boomtty grants the User a non-exclusive, personal, non-transferable right to install and use the Service and the related software ("Software") in order to access the Boomtty servers and use the Service.

1.2. The Service and Software are licensed to you by Boomtty for your private personal use.

1.3. You must be age 13 or older to use the Service. If your are between the ages of 13 and 18, you must have your parent or legal guardian's permission to use the Service, as well as have then read and agree to the Terms.

1.4. The Software's code, structure and organization are protected by copyright, trade secrets, intellectual property and other rights. You may not:

(a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
(b) sell, assign, sublicense, transfer, distribute or lease the Software;
(c) make the Software available to any third party through a computer network or otherwise;
(d) export the Software to any country (whether by physical or electronic means);
(e) use the Software in a manner prohibited by applicable laws or regulations,

(each of the above is an "Unauthorized Use").

You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify Boomtty immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Boomtty with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

1.5. The terms "Boomtty", and any other trade marks, service marks and/or trade names used by Boomtty on the Site from time to time (the "Trade Marks"), are the trade marks, service marks and/or trade names of Boomtty or one of its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio, character goods, stories, scripts, and text (the "Site Content") belongs to Boomtty or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content without Boomtty's prior written consent.

1.6. All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Boomtty in connection with the use of the Service shall be the exclusive property of Boomtty. You agree that unless otherwise prohibited by law Boomtty may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

2. NO WARRANTIES

2.1. Boomtty disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

2.2. Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.

2.3. You agree that Boomtty will not be liable for any interruption of the Service, delay or failure to perform, and you shall not be entitled to any refunds of fees for interruption of service or failure to perform.

2.4. Boomtty reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Boomtty in this regard.

3. AUTHORITY

Boomtty retains authority over the issuing, maintenance, and closing of Users' accounts. The decision of Boomtty's management, as regards any aspect of a User's account, use of the Service, or dispute resolution, is final and shall not be open to review or appeal.

4. YOUR REPRESENTATIONS AND WARRANTIES

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

4.1. You agree that your use of the Service is at your sole option, discretion and risk.

4.2. You agree that you are required to provide us with certain personal details about yourself (including details regarding your methods of payment) for the purpose of using the Service. Our control of the information provided by you shall be subject to our Privacy Policy.

4.3. You are solely responsible for the telecommunications networks and Internet access services required for you to access and use the Service and we shall have no liability whatsoever for any deficiencies therein.

5. CHARGES FOR SERVICES

5.1. Current fees for using the Service are published on the Site. Boomtty may change its fees and billing methods at any time effective immediately after the changes are posted on the Site. All changes will be posted on the Site and you are responsible for reviewing the Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use or our service. Your continued use of the Service after posting of the changes on the Site will deems you accept such change.

5.2. You understand and agree that you are fully liable for all charges under your account and once you authorize us or other designated payment service to charge your selection of payment method for a certain amount, such amount shall under no circumstances be refundable in whole or in part, including, without limitation, upon termination of your account for any reason, termination of this agreement, termination of the item mall and/or the discontinuation of the service.

5.3. If your use of the Service is subject to use or sales tax then Boomtty may also charge you for such taxes, which will be in addition to the rates and charges published on the Site.

5.4. PAYMENT METHOD. If you pay for the Service by the payment method of your choice, you represent to Boomtty that you are the authorized account holder of that payment service used to pay Service charges. You agree and reaffirm that Boomtty is the authorized vendor to charge payment method of your choice. You agree to promptly notify Boomtty of any changes to your payment method's account number, its expiration date and/or your billing address, and you agree to promptly notify us if your payment method expires or is cancelled for any reason.

5.5. USE OF VIRTUAL CURRENCY. You may receive a certain amount of virtual currency by completing your payment through the billing section of the Site. You may use the virtual currency to purchase cash items or paid services. Use of virtual currency or cash items for any purposes other than those authorized on the Site, whether online or offline, is a violation of These Terms. You agree that Boomtty has the absolute right to manage, regulate, control, modify and/or eliminate such virtual currency or cash items as it sees fit at its sole discretion and that Boomtty will have no liability to you based on its exercise of such right. The virtual currency is not subject to refund, nor do they have "real cash" value.

5.6. Regardless of the consideration offered or paid in exchange for the cash items, you do not have any ownership rights in the cash items.

6. Virtual Goods

You agree that Boomtty reserves the right to manage, regulate, control, modify and/or eliminate its games and all aspects of including but not limited to, game characters, items, points, chips, and virtual currencies (collectively, "Virtual Goods") therein. All Virtual Goods remain property of Boomtty. You acknowledge that Boomtty may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of any of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the terms of this Agreement, and do not have "real cash" value. Accordingly, they are not redeemable for any sum of money or monetary value from Boomtty at any time, and you may not sell the Virtual goods for "real" money, or exchange them for value outside of the Game.

7. Usage Rules

7.1. As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Service. You agree that your use of and conduct on the Service shall be lawful and you will not:

(a) post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
(b) defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
(c) upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers;
(d) violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
(e) attempt to obtain passwords or other private information from other members;
(f) improperly use support channels or complaint buttons to make false reports;
(g) develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications;
(h) exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
(i) violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
(j) Exploit the Services or any of its parts for any commercial purpose; or
(k) Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.

7.2. In the event that Boomtty deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including without limitation, engaging in any of the activities set forth above or any other game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, Boomtty shall be entitled to take such action as it sees fit, including immediately blocking access to the Service, terminating such User's account, seizing all the account balances held in the User's account, disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information, and/or taking legal action against such User.

8. OFFENSIVE LANGUAGE OR CONTENT

The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law or generally be considered to be offensive while using the Service, or in correspondence with Boomtty's staff. Further, Users shall not make statements about Boomtty or the Service that are untrue or would reasonably be considered to be derogatory or critical.

9. CONTENT RIGHT

9.1. "Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by Boomtty or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys.

9.2. You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of game play, are the sole and exclusive property of Boomtty and may be used by Boomtty (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.

9.3. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to Boomtty all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Boomtty the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.

9.4. You are granted a limited revocable license to post your own character or any other Content that Boomtty specifically gives you notice may be posted on other websites, on your own personal website or on a third party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party.

9.5. You acknowledge that you do not rely on Boomtty to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

9.6. Boomtty does not control or endorse the content, messages or information found in user content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Boomtty specifically disclaims any responsibility with regard thereto.

9.6. Boomtty reserves the right to remove and permanently delete any User Content from the Service with or without notice.

10. BREACH

9.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Boomtty reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking access to the Service to such User, terminating such User's account, seizing all account balances held in the relevant account and any privileges associated with the account, and/or taking legal action against such User.

9.2. In the event that Boomtty suspends or terminates your Account, you agree that you shall receive no refund or exchange for any unused time on a subscription, any subscription fees, any content or data associated with your Account, or for anything else and forfeit all account balance and any privileges associated with the account.

9.3. You agree to fully indemnify, defend and hold harmless Boomtty and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:

(a) your breach of these Terms, in whole or in part;
(b) violation by you of any law or any third party rights; and
(c) use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.

11. SECURITY AND YOUR ACCOUNT

11.1 You may be able to use your user account and/or user ID of the website on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form.

11.2. Each User account shall be accessible through the use of a combination of a unique account name, and a unique and secret password ("Password") (the Account Name, and Password together being referred to as the "Login Credentials"). The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever.

11.3. The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.

11.4. You are fully responsible for paying all monies owed to Boomtty. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse Boomtty for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.

11.5. Boomtty reserves the right to run credit and/or identity checks on a User, with third party credit agencies or services, using the information provided to us by a User.

11.6. Boomtty reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service.

12. TERMINATION

Either you or Boomtty may terminate your Account at any time without further obligation to the other. Furthermore, Boomtty reserves the right to terminate the Service at any time without further obligation to you. If the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of any fees, unused access time or unused virtual currencies; (2) you will lose any characters developed, items and chips accumulated or purchased through the Item Mall (this is its tentative name); (3)you will forfeit all account balances and any privileges associated with the account; (4) you may not access the service in any manner or for any reason, including via any other account. In the event that an account is terminated, Boomtty may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account.

13. DISPUTES WITH OTHERS

We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Boomtty and hereby agree to indemnify Boomtty 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 dispute.

14. AMENDMENT

Boomtty reserves the right to update or modify these Terms at any time without notice and you will be bound by such amended Terms upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in these Terms. Your continued use of the Service shall be deemed to attest to your agreement to any amendments to these Terms.

15. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW BOOMTTY IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY IT OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE BOOMTTY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BOOMTTY IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S).

IN NO EVENT SHALL BOOMTTY, ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "BOOMTTY PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICES, OR ANY INFORMATION, CONTENT OR MATERIALS IN OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES EVEN IF ANY OF THOSE PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL THE BOOMTTY PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BOOMTTY IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF BOOMTTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

16. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Boomtty Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

17. GOVERNING LAW

These Terms and any matters relating hereto shall be governed by, and enforced and construed in accordance with the internal laws of the United States and the State of California, which govern contracts entered into and to be fully performed in California, without regard to any principles referring to the laws of another state or jurisdiction. You agree not to commence or prosecute any action in connection therewith other than in the appropriate federal or state court located in the County of Orange, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the County of Orange, California.

18. SEVERABILITY

If a provision of these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

19. ASSIGNMENT

Boomtty reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under these Terms.

20. MISCELLANEOUS

20.1. No waiver by Boomtty of any breach of any provision of these Terms (including the failure of Boomtty to require strict and literal performance of or compliance with any provision of these Terms) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of these Terms.

20.2. These Terms constitute the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.

20.3. The User must provide full and truthful information in respect of all details and information requested by Boomtty in connection with the User's use of the Service subject at all time to the terms of the Privacy Policy.

20.4. The English language version of these Terms shall be the prevailing version in the event of any discrepancy between any translated versions of these Terms.