Terms of Use

Last updated December 2, 2023

Loafsoft, LLC (“us”, “we”, “our”) provides mobile game services, including but not limited to CrosswordBlocks (“the Game”).

These Terms of Use ("the Terms”) set forth the legally binding terms and conditions which are applicable to your use of the Game, however installed, accessed and/or used. By using the game, you indicate that you agree to be bound by the Terms. If you are the parent or guardian of a minor age 13 or older, you are agreeing to the Terms on your behalf and on behalf of your minor(s) who you have authorized to use the Game. If you do not accept or understand the Terms, please do not use, download, access or register with the Game.

Based on these Terms:

You are responsible for your account, including any charges and use of your account, whether by you or any third party.
You are responsible for your safety and for complying with the law while playing the Game.
Certain features of the Game are subject to a fee and you may get a license to Virtual Items, which may not be redeemed for monetary value.
Payments made for Virtual Items are non-refundable.

1. Changes to These Terms

From time to time, we may modify or amend these Terms. You can tell when changes have been made by referring to the “Last Updated” legend on top of this page. Please review these Terms regularly to ensure that you are aware of any changes.

If you continue to use the Game following such a posting of changes, you accept any such change or modification. If you have any questions about these Terms or our Privacy Policy, please see our contact information at the end of these Terms.

2. Eligibility; User Accounts

Eligibility. Use of the Game is subject to your continued compliance with these Terms. The Game is intended solely for persons who are 13 years of age or older. Any access to or use of the Game by anyone under 13 is expressly prohibited. By accessing or using the Game you represent and warrant that you have reached the age of “majority” where you live and agree to be bound by these Terms, or, if you are still considered a minor, that you are at least 13 or older and have a parent’s or guardian’s permission to access and use the Game.

User Accounts. Certain parts of the Game may require or allow registration of an account (“User Account”). When you create an account, you agree:

not to provide inaccurate, misleading or false information about yourself;
to update your information as needed so that it remains accurate;
not to share your account information (including your password and user name) with third parties;
that you are responsible for all activity on your account, including its security, any purchases made under your account will be your responsibility, whether or not authorized by you;
to notify us immediately if you believe that your User Account has been accessed without your authorization, or if you believe there has been some other breach of the security of the Game.

We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory. We have the right to suspend or terminate your account, with or without notice, and refuse any and all current or future use of the Game due your violation of the Terms, or for any other reason.

3. Safe Play

While using the Game, including during game play, please be aware of your surroundings at all times and play safely. YOUR USE OF THE GAME IS AT YOUR OWN RISK. You agree not to: (a) use the Game to violate any applicable law, rule or regulation (including without limitation laws pertaining to trespass and similar laws) or these Terms, or to encourage or enable any other person to violate any applicable law, rule or regulation or these Terms; (b) inflict emotional distress or other harm on other people; (c) assault, threaten, or humiliate other people; (d) enter into or onto private property without explicit permission of the property owner; or (e) otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.

4. Fees and Purchases; Payments; Virtual Items

Fees and Purchases. Certain features of the Game may be subject to a fee. You may be required to pay for certain services, including through an exchange for virtual currency, or a purchase of certain virtual, in-game items, upgrades or participation in certain Game activities. Any applicable fees are displayed on the Game in connection with the respective feature of the Game. We do not warrant that feature specifications, pricing, or other content on the Game is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your payment method prior to our cancellation, we will issue a credit to you in the amount of the charge. We may, from time to time, modify, amend, or supplement our fees and billing methods, and post those changes in these Terms or elsewhere on the Game.

Your License to Virtual Items. In particular, Loafsoft, LLC may license to you virtual, game currency or certain virtual goods such as in-game items (collectively, “Virtual Items”) on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for personal, non-commercial use. You may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Items from Loafsoft, LLC using actual monetary instruments or using virtual currency if you are a legal adult in your country of residence. Any Virtual Items are licensed, not sold to you. Virtual Items (including game currency) may never be redeemed for actual monetary instruments, goods or other items of monetary value from Loafsoft, LLC or any other party. Unless expressly authorized in the Game, you agree not to sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to another user or any third party.

We may manage, regulate, modify, control or eliminate Virtual Items at any time in our sole discretion, with or without notice. If we exercise such rights, we will have no liability to you or any third party. Please note that Virtual Items are not transferable, and that we are not responsible for any Virtual Items that are lost, damaged, deleted or otherwise used inappropriately, or for game play interruptions or premature game termination, regardless of cause, that result in Virtual Items being spent.

Virtual Items. Provision of Virtual Items is a service that Loafsoft, LLC offers to you as a part of the Game. By paying the applicable fees you acknowledge and agree that our provision of the Virtual Items commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply.

ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. IN PARTICULAR, ANY PAYMENT FOR LICENSES FOR VIRTUAL ITEMS OR REDEMPTION OF THIRD PARTY VIRTUAL CURRENCY IS ALWAYS FINAL AND NON-REFUNDABLE.

You agree to pay all fees and applicable taxes incurred by you or anyone using your User Account. We reserve the right to change the pricing for the goods and services offered through the Game, including the Virtual Items, at any time. UNLESS PROHIBITED BY LAW, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE ANY REFUNDS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT BE ENTITLED TO RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, REGARDLESS OF WHETHER SUCH TERMINATION OR SUSPENSION WAS VOLUNTARY OR INVOLUNTARY.

You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.

5. Our Intellectual Property Rights

These Terms confer only the right to use the Service while these Terms and the specified licenses are in effect and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service and all content existing or created in or through the Service will remain our sole property. Loafsoft, LLC retains all right, title and interest in and to the Service and any content available therein, including, but not limited to, any Games, titles, source and object codes, Game client and server software, other computer codes and software, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, files, images, graphics, the “look and feel” of the Service, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications thereof.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE USER ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF LOAFSOFT, LLC. YOU AGREE THAT YOU HAVE NO RIGHT OR TITLE IN OR TO ANY CONTENT THAT APPEARS IN THE SERVICE, INCLUDING WITHOUT LIMITATION THE VIRTUAL ITEMS (INCLUDING CURRENCY) APPEARING OR ORIGINATING IN ANY LOAFSOFT, LLC GAME, WHETHER EARNED IN A GAME OR PURCHASED FROM LOAFSOFT, LLC, OR ANY OTHER ATTRIBUTES ASSOCIATED WITH A USER ACCOUNT OR STORED ON THE SERVICE.

6. Our License to You

Subject to your compliance with these Terms and without prejudice to any other terms set forth in these Terms, we grant you a limited, non-exclusive, revocable and non-assignable license, without the right to sublicense, to access, download and use the Service on any authorized device you own and control, solely for your personal, non-commercial entertainment use. We reserve all rights in the Service not expressly granted to you in these Terms.

You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.

Except as expressly specified in these Terms or in the Fan Content Policy, you agree not to:

reproduce the Service or any part thereof in any form or by any means;
copy or modify, or create derivative works of the Service or any part thereof (including but not limited to any software that forms part of the Service), including, without limitation, make adaptations or modifications to the Service;
sell, rent, lease, distribute, transfer, license, sublicense, lend or otherwise assign any rights to, or any part of, the Service to any third party;
exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;
make the Service available to multiple users by any means, including without limitation by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time;
disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
misrepresent the source of ownership of the Service;
scrape, build databases or otherwise create permanent copies of any content derived from the Service;
commercially exploit the Service;
transmit any viruses, malware, or other malicious code to the Service;
use the Service or any content that appears in the Service in any manner to, or to incite others to, harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
use the Service or any content that appears in the Service to create within or outside the Service (e.g. in social media) abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity).

You agree to comply with any technical restrictions in the Service that allow you to use the Service only in certain ways.

The license to use the Service granted under these Terms remains in effect until terminated by you or us. You may terminate the license at any time by destroying all copies of the Service in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Service and promptly delete and destroy all copies, full or partial, of the Service. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.

7. Copyright Infringement

We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Game that in your good faith belief may infringe someone’s copyright, you may notify us by emailing us at support@loafsoft.com and by inserting “Copyright” in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information: (i) the identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works – you may provide a representative list of the copyrighted works that you claim have been infringed; (ii) a sufficiently detailed description of the content on the Game that you claim infringes the copyrighted work; (iii) your contact information, including your full name, mailing address, telephone number, and email address, if available; (iv) a statement that you believe in good faith that the use of the allegedly infringing content on the Game is not authorized by the copyright owner, its agent, or the law; and (v) this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed”; and (vi) a physical or electronic signature of the copyright holder or a person authorized to act on their behalf.

8. Privacy and Security

Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy and familiarize yourself with the choices you can make about the way in which we collect and use personal data about you. By using the Game, you consent and agree to the collection and use of certain information about you and your use of the Game in accordance with our Privacy Policy and applicable laws and regulations related to personal data.

The Game may include social media functionalities and/or plug-ins that enable you to share certain content (such as scores or communications) with other people. Please be careful when sharing content that includes personal data generally in the Game and in particular with other users of the Game.

In addition to what is stated in the Privacy Policy, you agree to:

Respect the privacy of other users;
Not engage in unauthorized collection of users’ content or information, and/or not otherwise access the Game by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, photograph, credit card number or any information that may otherwise be used to track, contact or impersonate another individual;
Not utilize a username that is the name of another person and intending to impersonate that person; and
Not provide any false personal data to us or create any User Account for anyone other than yourself without such person’s permission. Moreover, please be reminded that you must protect any passwords or other credentials associated with your User Account for the Game, and take full responsibility for any use of the User Account under your password.

9. No Warranty; Limitation of Liability

YOUR ACCESS TO AND USE OF THE GAME IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE GAME IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE GAME OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE GAME. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE GAME. WE MAKE NO WARRANTY THAT THE GAME WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE GAME OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS, ACCRUED BUT WASTED EXPENDITURE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE GAME; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE GAME, INCLUDING WITHOUT LIMITATION ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY ANY ADVERTISERS OR AFFILIATE ADVERTISING NETWORKS WE COOPERATE WITH, OR ANY OTHER USERS OF THE GAME; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE GAME OR RELIANCE UPON THE GAME OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS REMOVES OR SUPERSEDES YOUR RIGHTS AS A CONSUMER BASED ON MANDATORY PROVISIONS OF LAW.

PLEASE BE REMINDED THAT WE ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DAMAGES, CLAIMS, LIABILITIES OR COSTS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY ANY THIRD PARTIES WE COOPERATE WITH. YOU WAIVE AND RELEASE LOAFSOFT, LLC AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF SUCH THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE GAME.

10. Idemnity

You agree to indemnify and hold Loafsoft, LLC (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach or alleged breach of these Terms, your User Content, your use of the Game and conduct in connection with the Game, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

11. Entire Agreement

These Terms, any applicable additional terms included in the Game, and any documents expressly incorporated by reference herein (including Loafsoft, LLC’s Privacy Policy), contain the entire understanding of you and Loafsoft, LLC, and supersede all prior understandings of the parties hereto relating to the subject matter hereof.

12. Waiver and Severability

Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.

13. Binding Arbitration; Jury Trial and Class Waiver

IF YOU ARE A UNITED STATES RESIDENT OR OTHERWISE MAKE ANY CLAIM AGAINST US IN THE UNITED STATES, YOU EXPRESSLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND US ARISING OUT OF OR RELATING TO THE GAME, INCLUDING RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OR THE PRIVACY POLICY (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED THROUGH CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE AN ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES”), AVAILABLE AT www.adr.org OR BY CALLING 800-778-7879. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case we may pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration may be conducted in Los Angeles, CA. The arbitrator’s award shall be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction.

As an exception to the binding arbitration rule, to the extent the Dispute arises from (a) a violation of our intellectual property rights; (b) any claim related to, or arising from, allegations of a violation of the safe play, license restrictions, prohibited content or prohibited activities sections of these Terms; or (c) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or equivalent urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, in lieu of arbitration, either party may assert an individual action in small claims court for claims that are within the scope of such court’s jurisdiction.

To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. YOU EXPRESSLY AGREE THAT NO OTHER DISPUTES SHALL BE CONSOLIDATED OR JOINED WITH YOUR DISPUTE, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE, AND THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS, TO UTILIZE CLASS ACTION PROCEDURES, OR TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

14. Governing Law and Resolution of Disputes

If you are a United States resident, the laws of the State of California, without regard to or application of its conflict of law provisions, will govern these Terms. If you are a resident of a country other than the United States, the laws of Finland, without regard to or application of its conflict of law provisions, will govern these Terms and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of Helsinki, Finland. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST LOAFSOFT, LLC ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Assignment

We may assign or delegate these Terms and/or our 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 these Terms without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.

16. Suspension of User Account; Termination

We reserve the right to discontinue offering the Game or any part thereof (such as any particular Game), make changes to the Game, or to suspend, remove, modify or disable access to the Game at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Game and/or your User Account at any time. In no event will we be liable for the removal of or disabling of access to the Game or any part thereof. We may also impose limits on the use of or access to the Game, in any case and without notice or liability. Upon termination of the Game or a part thereof, your license to use the Game or a part thereof will be automatically terminated. In such event, Loafsoft, LLC shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY OTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR USER ACCOUNT AND/OR ACCESS TO THE GAME IF YOU ARE, OR WE IN OUR SOLE DISCRETION SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS INCLUDED IN THESE TERMS OR WITH ANY LAWS OR REGULATIONS, OR IN ANY OTHER WAY HAVE USED THE GAME UNLAWFULLY OR IMPROPERLY OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR ANY LOAFSOFT, LLC POLICIES. YOU CAN LOSE YOUR USER NAME AND GAMER PROFILE AS A RESULT OF SUCH TERMINATION OR SUSPENSION, AS WELL AS ANY VIRTUAL ITEMS OR BENEFITS OR PRIVILEGES. PLEASE NOTE THAT LOAFSOFT, LLC IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES. WE RESERVE THE RIGHT TO TERMINATE ANY USER ACCOUNT THAT HAS BEEN INACTIVE FOR 100 DAYS.

17. Terms Applicable for Apple iOS

If you are accessing or using the Game through an Apple device, the following applicable additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:

(a) To the extent that you are accessing the Game through an Apple device, you acknowledge that these Terms are entered into between you and Loafsoft, LLC and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.

(b) The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service and any third party terms of agreement applicable to the Game.

(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Game.

(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game.

(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Loafsoft, LLC. Loafsoft, LLC, and not Apple, is responsible for addressing any claims you may have relating to the Game, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth in section 12 above, Loafsoft, LLC’s liability to you for use of the Game is greatly limited.

(g) Further, you agree that if the Game, or your possession and use of the Game, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

(i) When using the Game, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Game.

18. Contact

The Game is operated and provided by Loafsoft, LLC. If you have any questions about these Terms, please contact us at support@loafsoft.com.