Terms of Service

Greetings players,

These terms of service (the “Terms”) set out the terms and conditions by which Project Penguin offers you access to use and enjoy our games, apps, websites and other. Project Penguin is a gaming company headquartered in Republic of Serbia with offices and operations around the world. When we say “Project Penguin,” we’re referring to the our Project Penguin entity responsible for providing the Project Penguin Services in your region and these Terms are an agreement between you and that entity.

1.1. What can I do with the Project Penguin Services? (You can enjoy the Project Penguin Services for your own, personal, non-commercial use.)

We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the Project Penguin Services (and any Virtual Content) for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with these Terms. You may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign or otherwise distribute any of the Project Penguin Services or any of Project Penguin Games’ intellectual property, including any of our computer code or Virtual Content.

1.2. Can I do stuff with Project Penguin’s intellectual property? (We reserve all the rights to our IP, but do allow for some personal, non-commercial uses, like fan art.)

We (and our licensors) own and reserve all rights, title and interest in and to the Project Penguin Services, and all data and content posted, generated, provided or otherwise made available in or through the Project Penguin Services, including, user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and broadcasts, locations, location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual goods, in-game currency, audio-visual effects, character likenesses, methods of operation and gameplay (collectively, “Game Content”). For clarity, Game Content includes Virtual Content. You can’t create any work of authorship based on the Game Content or Project Penguin Services except as expressly permitted by us.

You also agree that unless we grant you a license, in a written contract signed by us, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the Project Penguin Services, or use of the Project Penguin Services not in accordance with these Terms, is expressly prohibited and may result in severe civil and/or criminal penalties.

2. VIRTUAL CONTENT

2.1 Will my Virtual Content always be available? (Not necessarily, no.)

In an effort to constantly improve the Project Penguin Services, evolve our games and keep the Project Penguin Services, safe, fun, and secure, we have the right to delete, alter, move, remove, re-package, re-price, or transfer any and all Game Content, including Virtual Content, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you. For example, your Virtual Content may (and likely will) evolve over time to improve the Project Penguin Services or for regulatory or legal reasons. If we decide to entirely retire certain Virtual Goods that you recently purchased, we will provide you with a replacement. We don’t provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers we operate or control, including any Game Content or Virtual Content attributed to your account. If we allow the sale or transfer of your right to access certain Game Content or Virtual Content, it may only be conducted via services approved or provided by us, if any.

3. UNSOLICITED IDEA SUBMISSION POLICY

3.1. Can I submit ideas for improving the Game to Project Penguin? (Please don’t. If you do anyways, we’ll have the absolute right to use it forever.)

We value your feedback on the Project Penguin Services, but please don’t submit any creative ideas, suggestions or materials to us (collectively, “Unsolicited Ideas”). We may freely use any Unsolicited Ideas you provide. This policy is aimed at avoiding potential misunderstandings or disputes when the Project Penguin Services might seem similar to Unsolicited Ideas that people submit.

You may not have any legal rights in the Unsolicited Ideas you insist on sending to us, but if you do, we will be allowed to use all or some of your Unsolicited Ideas for any reason we choose and without any payment to you.

In legal terms, this means that if you submit Unsolicited Ideas to us, then you grant us a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works based upon, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, industrial rights, and all other intellectual and proprietary rights related to them, in any media now known or in the future developed, for any purpose whatsoever, commercial or otherwise, including giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable and you waive and agree never to assert those rights to the maximum extent permitted by the laws of your jurisdiction.

4. USER RULES

4.1. Can I troll, flame, threaten or harass people while using the Project Penguin Services?

While using the Project Penguin Services, you must comply with all laws, rules and regulations in the jurisdiction in which you reside. You must also comply with the acceptable use and behavioral policies that we publish from time to time on our websites, apps and games and the behavioral rules listed below (collectively the “User Rules”). The User Rules posted to our websites, apps and games or set out in this Section are not meant to be exhaustive, and we reserve the right to modify them, as well as take appropriate disciplinary measures including temporary bans, account suspension or termination and deletion to protect the integrity and spirit of the Project Penguin Services, regardless of whether a specific behavior is listed in the User Rules as inappropriate.

The following are examples of behavior that warrant disciplinary measures:

Impersonating any person, business or entity, including an employee of Project Penguin, or communicating in any way that makes it appear that the communication originates from Project Penguin;
Publicly posting identifying info about yourself, Project Penguin employees, or other players;
Harassing, stalking or threatening other players or Project Penguin employees;
Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of Project Penguin contained within the Project Penguin Services. You also may not transmit content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights;
Transmitting or communicating any content which we reasonably believe to be offensive to players, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;
Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal info;
Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by Project Penguin or any third party to protect or control access to the Project Penguin Services or any part thereof;
Participating in any action which we reasonably believe does or may defraud any other player, including by scamming or social engineering;
Using any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the Project Penguin Services in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication relating to the Project Penguin Services and any unauthorized third party programs that collect info about the Project Penguin Services by reading areas of memory used by the Project Penguin Services to store info;
Accessing or attempting to access areas of the Project Penguin Services that are not made available to the public;
Selecting an account or username that is falsely indicative of an association with Project Penguin, contains personally identifying info, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on name choices, like usernames. Project Penguin may modify any name which Project Penguin reasonably believes violates this provision, without notification to you, and may take further disciplinary measures, including account termination for repeated violations.
Inducing or encouraging others to breach the User Rules or these Terms; or
Using the Project Penguin Services for any business purpose without our express written consent or after we’ve asked you to stop using the Project Penguin Services.

5. USER GENERATED CONTENT

5.1. Am I responsible for the content that I post on/in the Project Penguin Services? (Yes, and we can use what you post.)

Apart from Unsolicited Ideas (which we address separately, in Section 6, above), you’re also responsible for any other communications, user names, images, sounds, or other material and info that you create, upload, use or transmit with or through the Project Penguin Services (“Your Content”).

You should upload or transmit Your Content only if you agree that:

You grant us, from the time of uploading or transmission of Your Content, a worldwide, perpetual, irrevocable, sublicenseable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works based upon, publicly perform, publicly display, digitally perform, make, have made, and import Your Content, including, all copyrights, publicity rights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related to them, for the purpose of providing the Project Penguin Services without any compensation to you;
You waive any moral rights you may have in Your Content with respect to our use of Your Content to the maximum extent permitted by the laws of your jurisdiction. If local laws do not allow for waiver of moral rights, instead you grant Project Penguin the right to use Your Content and all elements of Your Content with or without your name or pseudonym, as well as to freely edit Your Content.
You represent, warrant and agree that none of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Project Penguin and Project Penguin won’t be liable for any use or disclosure of Your Content.
You further represent, warrant and agree that Your Content shall not violate any third-party rights.

6. UPDATES AND MODIFICATIONS

6.1. Will these Terms change in the future? (Yes.)

We may (and probably will) create updated versions of these Terms in the future as the Project Penguin Services and applicable laws evolve. When we do, we’ll inform you of the new agreement which will supersede and replace these Terms. You’ll be given an opportunity to review any new agreement we present to you and decide whether you wish to agree to the revised terms. If you accept the new agreement, you’ll be able to continue using the Project Penguin Services. If you decline the new agreement, you won’t be able to use the Project Penguin Services anymore.

6.2. Will the Project Penguin Services stay the same?

In an effort to constantly improve the Project Penguin Services, evolve our games and keep the Project Penguin Services, safe, fun, and secure, you agree that we may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Project Penguin Services, including Virtual Goods (e.g., we might change some features of Virtual Goods for regulatory or legal reasons or to improve the game experience), and may require that you download and install software and updates to any software required to support the Project Penguin Services, at any time without liability to you. You also understand and agree that any such changes or updates to the Project Penguin Services might change the system specifications necessary to play our games, and in such a case, you, and not Project Penguin, are responsible for purchasing any necessary additional software or hardware in order to access and play our games. You also understand and agree that we may use background patching to automatically update our games and software with or without notice to you.

7. LINKS

7.1. What about links in the Project Penguin Services? Are those Safe?

The Project Penguin Services may contain links to websites operated by other parties. Again, we do not own or operate those other websites. We provide these links to you as a convenience, or other users might be posting these links as user-provided content. Use these links and the corresponding external websites at your own risk. We don’t control the linked sites, and we’re not responsible for the content available there. Such links don’t imply our endorsement of info or material on any other site, and we disclaim all liability with regard to your access to and use of such linked websites.

8. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

8.1. What should I do if someone is infringing my copyrighted work in the Project Penguin Services? (Send us a copyright take-down notice.)

Project Penguin respects copyright law and expects its users to do the same. It is our policy to terminate accounts in appropriate circumstances of users who infringe or are believed to infringe the rights of copyright holders. Project Penguin will respond expeditiously to claims of copyright infringement committed using the Project Penguin website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Project Penguin’ Designated Copyright Agent, identified in the sample notice below.

If you’re a copyright owner, are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by submitting a notice that contains all of the following:

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
1. “I hereby state that the information in this Notice is accurate and[, under penalty of perjury,]* that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.

* You only need to include this language if you live in the United States of America.

Deliver this notice (“Notice”), with all items completed, to Project Penguin’ Copyright Agent to the address of the Project Penguin entity responsible for providing the Project Penguin Services in your region. Be sure to mark it “Attn: Copyright Agent” (and not “Attn: Legal Dept) so it gets to the right person quickly. You can send your Notice instead by email to: [email protected]. This email address is intended solely for the receipt of copyright take-down notices and not for general inquiries or requests of Project Penguin. Attachments cannot be accepted at the email address for security reasons. Accordingly, any Notice submitted electronically with an attachment will not be received or processed.

Please note that the Notices are legal notices and that Project Penguin may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. Upon receipt of such a Notice, Project Penguin will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

9. WARRANTY DISCLAIMER

9.1. Does Project Penguin make any warranties about the Project Penguin Services?

You assume all responsibility for the installation and use of, and results obtained from the Project Penguin Services (no matter where you are based).

Also, if you are based in North, Central or South America:

The Project Penguin Services are provided to you on an “as is” and “as available” basis without warranties or representations of any kind, express or implied. You assume all responsibility for your use of the Project Penguin Services. To the fullest extent permitted by applicable law, Project Penguin disclaims all warranties, express or implied, which might apply to the Project Penguin Services, including implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance or usage of trade, and any warranties as to the accuracy, reliability or quality of any content or info contained within the Project Penguin Services.

10. INDEMNIFICATION

10.1. If someone sues Project Penguin based on my use or misuse of the Project Penguin Services, do I have to pay for Project Penguin’s legal expenses? (Yes.)

To the extent permitted by law, except in cases involving our gross negligence or willful misconduct, you hereby agree to indemnify, defend and hold harmless Project Penguin and its subsidiaries, affiliates, officers and directors from and against any and all claims, lawsuits, losses, liabilities and costs that arise or result from your misuse of the Project Penguin Services, any violation by you of any of the provisions of these Terms (for example, if you use any hacks, cheats or bots with the Project Penguin Services or you infringe our IP rights), or any infringement by you of any third party’s rights. Project Penguin reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you’ll cooperate with Project Penguin in asserting any available defenses.

For example, if you use the Project Penguin Services as part of a business operation (something you’re not allowed to do) and we get sued because of something you do in breach of these Terms, you’ll have to defend us in court and pay for any damages we incur.

11. LIMITATION OF LIABILITY

11.1. Is there a limit on Project Penguin’s potential liability under these Terms? (Yes.)

To the extent permitted by law, our total liability to you (whether for breach of this contract, negligence or for any other reason whatever) for any loss, harm or damage suffered by you in connection with your downloading, use and/or access of the Project Penguin Services is limited to the total amounts paid by you to Project Penguin during the six (6) months immediately prior to the time your cause of action first arose.

We only make the Project Penguin Services available for domestic and private use. We are not liable for business losses (such as any loss of profit, loss of business, business interruption, loss of goodwill or loss of business opportunity). We also won’t have responsibility for any damage which arises because you failed to install any update when it is made available by Project Penguin or where you fail to maintain the minimum system specifications required. Separately, we are not responsible for: (i) any loss that was not foreseeable at the time you entered into these Terms; or (ii) any loss that we both knew might happen only because of your special circumstances existing at the time you entered into these Terms (including all indirect damages).

Despite anything else we say in these Terms, WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, including our liability for: (i) death or personal injury arising from our negligence; (ii) our fraud or fraudulent misrepresentation; (iii) willful or grossly negligent behavior; (iv) for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by Project Penguin (“Cardinal Duties”) to the extent that is typical and foreseeable; (v) for any guarantee given by us to you; or (vi) for any liability under a jurisdiction’s applicable product liability legislation.

You may also have specific rights under local law in addition to those set out above.