Skip to content

Privacy Policy and Terms of Service

Privacy Policy

Effective Date: September 24, 2021

PopReach Corporation, and its subsidiaries or affiliates (collectively, “PopReach”,“we”, “us” and “our”), takes your privacy seriously. This privacy policy (“Privacy Policy”) explains how we collect, use and share Personal Information (as defined below). This Privacy Policy applies to information you provide or we otherwise collect when you use our services, mobile game or other application (an “App”) or visit our websites (the “Sites”) (collectively, the “Services”). For the avoidance of doubt, this Privacy Policy does not apply to websites, applications or services owned by PopReach that display or link to different privacy statements.

By using the Services, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, you may not use the Services.

Some of our Services may target an audience including children under the age of 13. We do not knowingly collect personal information from children under the age of 13. For more information on how we treat children’s privacy, see section 7 below.

Table of Contents

  1. Collection and use of Personal Information
  2. Use of Personal information
  3. Cookies and Web Beacons
  4. How we disclose or share Personal Information with others
  5. Managing your data
  6. How we protect your Personal Information
  7. Children’s privacy
  8. International transfer
  9. Changes to this Privacy Policy
  10. Contact us
  11. COLLECTION AND USE OF PERSONAL INFORMATION
    We collect information that alone or in combination with other information in our possession could be used to identify, locate and/or contact you (“Personal Information”). We collect most Personal Information directly from you through your use of our Services, or through email, chat, verbal, or other forms of written, oral, or electronic communication and correspondence with us.

    When you sign up for or use our Services, we may request information, including Personal Information, to create your PopReach account, including your first and last name, address, phone number, e-mail address, and password. We use such Personal Information to manage your account and to provide you with access to our Services. We may also use the information to notify you of updates to our Services and provide you with access to special promotions.
    PopReach collects information about how you use our Apps using data sent from the Apps to our servers. The types of data collected by PopReach may include: platform, SDK version, timestamp, API key (identifier for application), application version, device identifier, iOS Identifier for Advertising, Media Access Control (MAC) address, International Mobile Equipment Identity (IMEI), model, manufacture and OS version of device, session start and stop time, locale (specific location where a given language is spoken), time zone, network status (WiFi, etc.), latitude and longitude (obfuscated to state/city), gender, age, events, errors, page views, IP address, device type, locale, and timezone of the user.

    PopReach may also collect information from you as part of research that can improve our Services. This can include data you submit when completing a survey or play test. We may also use your data in an aggregated and anonymized format for analysis used to improve our Services. Aggregated data in this format will not be used to identify you personally.
  12. USE OF PERSONAL INFORMATION
    PopReach may use data or Personal Information collected from you for the following l purposes: (1) to fulfill your requests for the Services; (2) to improve the Services and related products or services; (3) to contact you to resolve problems and provide support; (4) to send you information about Services including confirmations, technical notices, updates, security alerts, and support and administrative messages; (5) to communicate with you about products and services offered by PopReach and our selected partners; (6) to conduct research (as described above); and (7) to make our Apps easier to use by reducing the need for you to enter information.
  13. COOKIES AND WEB BEACONS
    In order to provide you with a personalized experience, PopReach may use “cookies” to keep and occasionally track information about your visits to our Site and use of the Services. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes.
    We use both session ID cookies and persistent cookies on the Sites. We use session cookies to make it easier for you to navigate our Sites. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Most web browsers are set to accept cookies by default. You can typically remove or reject cookies by following directions provided in your Internet browser’s help file. If you view Sites without changing your cookie settings, you are indicating your consent to receive all cookies from our Sites. If you do not allow cookies, some features and functionality of our Site or Services may not operate as expected.

    We may collect information using Web Beacons. Web Beacons, or “gifs”, are electronic images that may be used on our website, in our e-mails (“Web Beacons”), or in our Apps. We use Web Beacons to deliver cookies, count visits, and to tell if an email has been opened and acted upon. We may use Web Beacons that allow our third party ad network partners to serve targeted ads within our Apps, which may be based on your activities across the Internet and targeted to you for products and services in which we believe you might be interested. Most advertising networks offer you a way to opt out of targeted advertising. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.
  14. HOW WE DISCLOSE OR SHARE PERSONAL INFORMATION WITH OTHERS
    Except as described in this Privacy Policy, unless required by law, PopReach does not rent, sell, or share Personal Information collected by us with other people or nonaffiliated companies unless we have your consent or under the following circumstances:
    a) Vendors, Business Partners and Service Providers. To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Information with third party vendors, consultants and other service providers who work for us and need access to your information to do that work. These parties will access, process or store Personal Information in the course of performing their duties to us in accordance with contractual obligations that are consistent with this Privacy Policy and applicable laws.
    b) Legal Requirements. If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, laws or to respond to lawful requests and legal process; (ii) to protect the rights and property of PopReach, our agents, customers, users, and others including to enforce our agreements, policies and terms of use; (iii) in an emergency, to protect the personal safety of PopReach, its customers, or any person; and (iv) prevent fraud and protect against legal liability.

    c) Business Transfers: In connection with or during negotiation of any merger, acquisition, sale of all or a portion of our assets, reorganization, bankruptcy, receivership, financing, or transition of service to another provider, your Personal Information and other information may be shared in the diligence process with counterparties and other assisting with the transaction along with other assets in accordance with applicable laws.

    d) Aggregated Information. We may also share aggregated or anonymized information in a form that does not directly identify you with any third parties to improve our Services and for other similar purposes. In addition, from time to time, we may analyze the general behaviour and characteristics of users of our Services and share aggregated information such as general user statistics with prospective business partners.We may collect aggregated information through the Services, through cookies, and through other means described in this Privacy Policy. Aggregated information will not be used alone or in combination with other information to, directly or indirectly, identify any individuals.

    e) Affiliates: We may share Personal Information with our affiliates, meaning an entity that controls, is controlled by, or is under common control with PopReach, in order to provide our Services. Our affiliates may use the Personal Information we share in a manner consistent with this Privacy Policy.
  15. MANAGING YOUR DATA
    UPDATING YOUR INFORMATION AND CONTACT PREFERENCES
    You may update your information either directly through our Apps, if applicable, or by sending an e-mail to support@popreach.com.

    DELETING YOUR DATA
    You can request for your data to be deleted either directly through our Apps, if applicable, or by sending an e-mail to support@popreach.com.

    YOUR CHOICES
    In certain circumstances, providing Personal Information is optional or you may have opt-out choices as described in this Privacy Policy. However, if you choose not to provide Personal Information that is needed to use some features of our Services, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Information or to withdraw your consent for our future collection, use or disclosure of your Personal Information in accordance with applicable laws.
  16. HOW WE PROTECT YOUR PERSONAL INFORMATION
    PopReach uses reasonable technical, physical, administrative and organizational measures to help protect your Personal Information against unauthorized access, use, misuse, loss and unauthorized alteration, disclosure, or destruction. However, we cannot guarantee that your Personal Information will be absolutely protected and no Internet or e-mail transmission is ever fully secure or error free. Your Personal Information may be affected by actions outside of our control and you should take special care in deciding what information you send to us via the Services or email. You acknowledge that you provide your Personal Information at your own risk.
  17. CHILDREN’S PRIVACY
    We recognize the need to provide further privacy protections with respect to Personal Information that we may collect from children who may use our Services. Some of the features on our Sites and Apps are age-gated so that they are not available for use by children, and we do not knowingly collect Personal Information from children in connection with those features.
    If you are under the age of 13, you may only use the Services and provide Personal Information if you have the consent of, and are supervised by, a parent or guardian.
    If we believe a child using the Services is under 13 we will not process any Personal Information of that child without the consent of the parent or guardian. If the user is 13 or over we will only collect and process Personal Information taking into account the level of maturity of youth of different ages.

    We comply with the Children’s Privacy Protection Act of 1998 (“COPPA”), a United States federal law. We do not knowingly collect personal information from children under the age of 13.

    We do not publish apps or own services that target children as their primary audience. Some of our apps or services may be considered mixed audience services under COPPA, meaning that they may be directed at children under the age of 13, but children are not the primary audience. For these apps and services, we employ methods to ensure that we do not collect any personal information from users under the age of 13.

    If you believe that we have collected personal information from your child, please contact us at: privacy@popreach.com. Such personal information will be promptly deleted.

    Although we do not collect personal information from children under 13, parents and guardians may contact us to request to review, modify, delete, or stop further collection of their child’s personal information. This can be done by emailing us at: privacy@popreach.com or using other contact information provided in the Contact Us section of this Privacy Policy.
  18. INTERNATIONAL TRANSFER AND RETENTION
    We may, in the process of providing Services to you, transfer information that we collect about you, including Personal Information, to affiliates and subsidiaries, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from Canadian or U.S law, please note that you are transferring information and permitting the transfer of information, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and/or Canada and the use and disclosure of information about you, including Personal Information, as described in this Privacy Policy. If you are using the Services from outside the United States, please be aware that your Personal Data may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. As a result, your Personal Data may be subject to the laws of the United States and may be accessible without notice to you by the courts, law enforcement and national security authorities of the United States.

    We keep Personal Information for as long as reasonably necessary for the purposes described in this Privacy Policy, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer.
  19. LINKS TO OTHER WEBSITES
    The Services may contain links to other websites not operated or controlled by PopReach (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.
  20. CHANGES TO THIS PRIVACY POLICY
    We may change this Privacy Policy at any time. We will post all changes to this Privacy Policy on our website and will indicate at the top of the page the modified policy’s effective date. Please check back from time to time for such changes. By continuing to access and use the Services, you agree to the terms of the then-current Privacy Policy.

    If we change our privacy practices in a way that requires us to obtain verifiable parental consent under COPPA, we will solicit and obtain such consent.
  21. CONTACT US
    If you have any questions about our Privacy Policy or any privacy-related concerns, please do not hesitate to contact our Privacy Officer at privacy@popreach.com or by writing to:
    Attention: Privacy Officer
    PopReach Corporation
    1 University Ave., Floor 3, Toronto, Ontario, Canada, M5J 2P1
    Phone number: +1-416-583-5918
     
    Subsidiaries and Affiliates
    The following are subsidiaries and/or affiliates of PopReach Corporation:
    ·      PopReach Incorporated
    ·      PopReach UK Ltd.
    ·      PopReach Technologies Private Limited

Terms of Service

Effective Date: September 1, 2016

The following terms (the “Terms of Service”) constitute an agreement between you (“You” or “Your”) and PopReach Corporation, its subsidiaries or affiliates and any co-publishers we may contract with from time to time (“PopReach”, “We”, “Us” or “Our”).  The Terms of Service governs your use of mobile applications, games, websites and other services published or provided by PopReach and any and all related documentation, and updates and upgrades that replace or supplement the application, websites and other services in any respect and which are not distributed with a separate license (collectively, the “Service“).  Use of the Service is also governed by PopReach’s Privacy Policy, which is incorporated herein by reference. Use of this Service is void where prohibited.
 
By installing, using or otherwise accessing the Service, you agree to these terms of service. If you do not agree to these terms of service, please do not install, use or other otherwise access the Service.

Before accessing or using the Service, including browsing any PopReach website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a social networking site, such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

PopReach reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the PopReach Service. Please review the Service frequently for updates. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the PopReach Privacy Policy, or any other PopReach policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately uninstall and stop using the Service.
 

  1. LICENSE
  2. Grant Limited License to Use the Service
    Subject to Your agreement and continuing compliance with these Terms of Service and any other relevant PopReach policies, PopReach grants You a non-exclusive, non-transferable, non-sublicensable, revocable, limited license subject to the limitations below to access and use the Service for Your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

    The following restrictions apply to the use of the Service:

    1.1 Minors. You shall not create an Account or access the Service if you are under the age of
    13. You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of Your credit card or other payment instrument (e.g. paypal) by minors.

    1.2 Non-Commercial Use. You shall use your Account only for non-commercial purposes. You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.

    1.3 Your Account. The Service supports only one Account per game on a supported device. You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not use the Service if you have previously been removed by PopReach, or previously been banned from playing any PopReach game. You are responsible for anything that happens through Your Account. 

    1.4 Login Information. During any Account creation process, You may be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access Your Account or do anything else that might jeopardize the security of Your Account. In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of the Login Information, You must immediately notify PopReach and modify Your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and You will be responsible for all uses of the Login Information, including purchases, whether or not authorized by You. 

    PopReach reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
     
  3. LICENSE LIMITATIONS
    2.1 Any use of the Service in violation of these License Limitations in strictly prohibited, can result in the immediate revocation of Your limited license and may subject You to liability for violations of law.

    2.2 PopReach reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. PopReach reserves the right to take action as a result, which may include terminating Your Account and prohibiting You from using the Service in whole or in part. You agree that you will not, under any circumstances:

    2.2.1 Engage in any act that PopReach deems to be in conflict with the spirit or intent of the Service or make improper use of PopReach’s support services.

    2.2.2 Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any PopReach game or any PopReach game experience or without PopReach’s express written consent, modify or cause to be modified any files that are a part of the Service or any PopReach game.

    2.2.3 Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any PopReach game environment.

    2.2.4 Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

    2.2.5 Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by PopReach, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

    2.2.6 Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive.

    2.2.7 Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

    2.2.8 Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including PopReach employees, including PopReach’s customer service representatives.

    2.2.9 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 PopReach employee.

    2.2.10 Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any PopReach game, or to obtain any information from the Service or any PopReach game using any method not expressly permitted by PopReach.

    2.2.11 Solicit or attempt to solicit personal information for other users of the Service or any PopReach game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
     
  4. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
    WITHOUT LIMITING ANY OTHER REMEDIES, POPREACH MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO POPREACH SERVICES OR PORTIONS THEREOF IF YOU ARE, OR POPREACH SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OUR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND POPREACH IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

    WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SEVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLETUAL PROPERTY RIGHTS.

    POPREACH RESERVES THE RIGHT TO TERMINTE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

    PopReach reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point Your license to use the Service or a part thereof will be automatically terminated.  In such event, PopReach shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of Your Account can include disabling Your access to the Service or any part therof including any content You submitted or others submitted.
     
  5. OWNERSHIP
    4.1.1 Games and Service
    All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, 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 PopReach game client, and the PopReach game clients and server software) are owned by PopReach. PopReach reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

    4.2 Accounts
    Notwithstanding anything to the contrary herein, You acknowledge and agree that You shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of PopReach.

    4.3 Virtual Items
    PopReach owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in PopReach games. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any PopReach game, whether earned in a game or purchased from PopReach, or any other attributes associated with an Account or stored on the Service.

    4.4 User Content
    “User Content” means any communications, images, sounds, and all the material, data, and information that You upload or transmit through a PopReach game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, You affirm, represent and warrant that such transmission or submission is: (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) You acknowledge and agree that any of Your personal information within such content will at all times be processed by PopReach in accordance with its Privacy Policy. PopReach reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your User Content) without notice for any reason or for no reason at any time.

    4.4.1 Content Screening
    PopReach assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, You may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At Our discretion, Our representatives or technology may monitor and/or record Your interaction with the Service or communications (including without limitation chat text) when You are using the Service.
    By entering into these Terms of Service, You hereby provide Your irrevocable consent to such monitoring and recording. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

    If at any time PopReach chooses, in its sole discretion, to monitor the Service, PopReach nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in Our sole discretion to edit, refuse to post, or remove any User Content.

    4.4.2 Information Use by Other Members of the Service

    4.4.2.1 Public Discourse
    The Service may include various forums, blogs and chat features where You can post User Content, including Your observations and comments on designated topics. PopReach cannot guarantee that other members will not use the ideas and information that You share. Therefore, if You have an idea or information that You would like to keep confidential and/or don’t want others to use, do not post it on the Service. PopReach shall have no responsibility to evaluate, use or compensate You for any ideas or information You may choose to submit.

    4.4.2.2 Responsible For Your Own Content
    You are solely responsible for the information that You post on, through or in connection with the Service and that You provide to others. PopReach may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of PopReach violates these Terms of Service.

    4.4.2.3 User Content License
    You hereby grant to PopReach an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to PopReach the right to authorize others to exercise any of the rights granted to PopReach under these Terms of Service. You further hereby grant to PopReach the unconditional, irrevocable right to use and exploit Your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to You. Except as prohibited by law, You waive any rights of attribution and/or any moral rights You may have in Your User Content, regardless of whether Your User Content is altered or changed in any manner. PopReach does not claim any ownership rights in Your User Content and nothing in these Terms of Service is intended to restrict any rights that You may have to use and exploit Your User Content. PopReach has no obligation to monitor or enforce Your intellectual property rights in or to Your User Content.

    4.4.2.4 User Interactions
    You are solely responsible for Your interactions with other users of the Service and any other parties with whom You interact through the Service and/or PopReach games. PopReach reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with PopReach to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting PopReach access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 disputes.
     
  6. FEES AND PURCHASE TERMS
    5.1 Purchases
    In the Service You may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or other digital representations of currency, all for use in PopReach games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from Us or Our authorised partners through the Service, and not in any other way. The provision of Virtual Items for use in PopReach games is a service provided by PopReach that commences immediately upon acceptance by PopReach of Your purchase.

    PopReach may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. PopReach shall have no liability to You or any third party in the event that PopReach exercises any such rights. All purchases and redemptions of third party virtual currency made through the Service are final and non-refundable.

    The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, You shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to PopReach, another user or any third party. 

    5.2 Payment of Fees
    You agree to pay all fees and applicable taxes incurred by You or anyone using an Account registered to You. PopReach may revise the pricing for the goods and services offered through the Service at any time. 
    YOU ACKNOWLEDGE THAT POPREACH IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
     
  7. SERVICE UPDATES
    You understand that the Service is an evolving one. PopReach may require that You accept updates to the Service and to PopReach’s games you have installed on Your computer. You acknowledge and agree that PopReach may update the Service and PopReach games, with or without notifying You. You may need to update third party software from time to time in order to receive the Service and play PopReach’s Games.
     
  8. DISCLAIMER OF WARRANTIES
    WITHOUT LIMITING POPREACH’S LIABILITY UNDER SECTIONS 8 AND 9 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. POPREACH DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
     
  9. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
    POPREACH SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POPREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POPREACH SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO POPREACH IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO POPREACH DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND POPREACH’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH POPREACH IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTEND THAT POPREACH MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF POPREACH’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

    IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF POPREACH.
     
  10. INDEMNIFICATION
    You agree to indemnify, defend and hold PopReach harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of Your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to Your intentional or negligent behavior.
     
  11. DISPUTE RESOLUTION AND LAW
    If a dispute arises between You and PopReach, We strongly encourage you to first contact Us directly to seek a resolution by e-mailing us at support@popreach.com. These Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by the laws of the Province of Ontario, without regard to conflict of law provisions. You agree that any claim or dispute you may have against PopReach must be resolved exclusively by a court located in Toronto, Ontario, Canada. 
     
  12. SEVERABILITY
    You and PopReach agree that if any portion of these Terms of Service or of the PopReach Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
     
  13. GENERAL PROVISIONS
    12.1 Assignment
    PopReach may assign or delegate these Terms of Service and/or the PopReach Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without PopReach’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

    12.2 Supplemental Policies
    PopReach may publish additional policies related to specific services such as forums, contests or loyalty programs (“Supplemental Policies”) which it will publish on the Service from time to time. Your right to use such services is subject to those specific policies and these Terms of Service.

    12.3 Entire Agreement
    These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the PopReach Privacy Policy), contain the entire understanding between You and PopReach, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between You and Us with respect to the Service.

    12.4 No Waiver
    The failure of PopReach to require or enforce strict performance by You of any provision of these Terms of Service or the PopReach Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of PopReach’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by PopReach of any provision, condition, or requirement of these Terms of Service or the PopReach Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. 

    12.5 No Modification
    Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by PopReach shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of PopReach.

    12.6 Notices
    We may notify you via postings on the Service, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the PopReach Privacy Policy shall be in writing and addressed to: 325 Front Street, Toronto, Canada, M5V 2Y1, Attention: Legal Department. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

    12.7 Equitable Remedies
    You acknowledge that the rights granted and obligations made under these Terms of Service to PopReach are of a unique and irreplaceable nature, the loss of which shall irreparably harm PopReach and which cannot be replaced by monetary damages alone so that PopReach shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by You.
    You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any PopReach game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 8 (if any).

    12.8 Force Majeure
    PopReach shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PopReach, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond PopReach’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.