Cracké Mobile Application Terms of Use

These Terms of Use are effective July 13, 2020 and were updated on July 13, 2020.

Right to use the service

Squeeze Productions Inc., based at 520 boulevard Charest Est, bureau 340, Québec, QC, G1K 3J3, Canada (hereinafter "Squeeze Productions Inc.," "Squeeze," "we" and "our") operates the Cracké website (the "Site") and provides applications and computer games (the "Applications") and, from time to time, other functions and content (collectively with the Site and the Applications, the "Services"). These Terms of Use ("GCU" or "Terms") apply to your use of the Services provided by Squeeze Productions Inc., whether as a guest or as a registered user.

Squeeze Productions Inc. hereby grants you a non-exclusive, non-transferable, non-sublicensable, personal, revocable and limited right and licence to access and use the Services for non-commercial personal entertainment purposes in accordance with the provisions of these GCU. You agree not to use the Services for any other purpose.

You will receive no licence other than what is set out above. Squeeze Productions Inc. reserves all rights, title and interest in the Services, including but not limited to all copyrights, trademarks, trade secrets, trade names, ownership rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogues, settings, artwork, sound effects, music, game recordings made using the Services, moral rights, whether registered or unregistered, and all their applications. Except where expressly permitted by law, the Services may not be copied, reproduced or distributed in any manner whatsoever, in whole or in part, without Squeeze Productions Inc.'s prior written consent. Squeeze Productions Inc. reserves all rights not expressly granted to you by these GCU.

Please read these CGU and the Privacy Policy carefully before using the Services.

By using or accessing our Services in any manner whatsoever, you accept these Terms and agree to be bound by and to comply with them. If you are accepting these Terms on behalf of an enterprise or other legal person, you represent and warrant that you have the necessary authority to bind that enterprise or legal person to these GCU. In such case, "you" and "your" will refer and apply to that enterprise or legal person. If you do not wish to accept these GCU, the applicable Privacy Policy or any additional terms and conditions, you will not be able to use or access our Services.

We reserve the right to update or amend these GCU, including but not limited to the fees associated with the use of the Services, at any time, upon at least thirty (30) days written notice before the update or amendment comes into force. This notice may be sent to you by email and will include the new or amended clause as well as the previous version and the effective date of the update or amendment. If applicable law allows a shorter notice period or allows us not to send notice, we may avail ourselves of it. If any amendment is unacceptable to you, you may terminate these GCU as set out in these GCU. By continuing to access or use the Services following any such updates or amendments, you accept and agree to all such updates or amendments, unless you terminate these GCU at the latest 30 days after the update or amendment comes into effect. We may notify you of the amendment by posting the updated version of these GCU on our Services (through notifications in the Applications, for example). You are responsible for regularly reviewing the provisions of these GCU that apply to your access to and use of the Services to obtain timely notice of such updates or amendments. If any amendment is unacceptable to you, you may terminate these GCU as set out in these GCU. By continuing to access or use the Services following any such updates or amendments, you accept and agree to all such updates or amendments.

Definitions

Eligibility

When you access the Services for the first time, we may require you to state your age. Please keep in mind that we need to personalize your gaming experience. We may therefore apply certain age restrictions to our Services. You confirm that you are at least the appropriate age for the classification of the Services in effect in the jurisdiction where you are using them. You acknowledge and agree that some of our Services require you to be 13 or older. You confirm that you are fully able and competent to enter into and comply with the terms, conditions, obligations, representations and warranties set out in these GCU.

The Services are designed for a wide audience which includes children and adults. Parents or persons with parental authority are responsible for determining whether the Services are appropriate for their child and for monitoring their use. You must be the applicable minimum age in your jurisdiction of residence to create an Account and use the Services. If you are the applicable minimum age but under 18 (or under the age of majority in your jurisdiction), you and your parents or persons with parental authority must read these GCU together and the parents or persons with parental authority must accept these GCU on their own behalf and on behalf of their child. Parents or persons with parental authority are liable for the acts of their children under 18 when they use the Services (including making purchases and payments related to the Content provided by the Services). We recommend that parents or persons with parental authority familiarize themselves with the parental controls on the devices they give their children and refrain from allowing children under 13, or the applicable age in your jurisdiction, to connect to the Internet without supervision.

By accessing and using the Services, you represent and warrant that you are over the age of majority in your jurisdiction. If you are under the age of majority in your jurisdiction, a parent or person with parental authority must accept these GCU, and you represent that you have their written consent. Finally, you represent that you are not a person deemed inadmissible to use or receive the Services by a local, provincial, federal or international jurisdiction.

Access to the services and account security

To allow you to use our Services, we may ask you to create a user account (an "Account"), choose a password and/or provide us with certain personal information such as your name and email address. Any personal information you provide will be collected in accordance with, and solely for the purposes described in, Squeeze Productions Inc.'s Privacy Policy.

You agree to provide accurate, complete and up-to-date information during sign-up and to update this information so that it remains accurate, complete and up to date. Squeeze Productions Inc. reserves the right to suspend or terminate your Account if the information you provide during sign-up or thereafter proves to be inaccurate, incomplete or outdated. You are responsible for protecting your Account. Never share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. Under no circumstances will we be held liable for any losses you may incur due to unauthorized use of your Account, with or without your consent. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please notify us immediately.

Our Services are evolving and we may require that you accept updates to the Services as well as to these Terms and to Squeeze Productions Inc.'s Privacy Policy. From time to time, we may require you to update the game or your software to continue using our Services.

Service modification and restriction

You may not use another person's Account without their permission. You may not create more than one Account for yourself. You may not create a new Account if you had a previous Account that was terminated. We reserve the right to change the name you display if we deem it to be offensive, misleading or potentially detrimental to the rights of a third party, or if you have been inactive for over a year.

If you violate these Terms of Use, Squeeze Productions Inc. may suspend or deactivate your Account, or terminate this agreement, at its sole discretion and without prior notice. Squeeze Productions Inc. reserves the right to withdraw your access and authorization to use the Services and Collective Content at any time on reasonable grounds. If Squeeze Productions Inc. terminates this agreement because you violated the GCU, you will be liable for paying any sums still owed.

Squeeze Productions Inc. reserves the right to permanently or temporarily stop offering and/or supporting all or part of its Services at any time, in which case your right to use the Services or the applicable part thereof will be automatically terminated or suspended. In the event of such a termination or suspension, unless applicable law requires otherwise, Squeeze Productions Inc. is not required to provide refunds, benefits or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased.

You may stop using our Services and ask us to delete your Account at any time by following the instructions in our Privacy Policy. Unless applicable law requires otherwise, we are not required to provide refunds, benefits or other compensation if you request deletion of your Account.

Service-specific virtual items and currency

Some Applications allow you to purchase Virtual Items (defined below) in the Services. This type of purchase can be made both in paid Applications and in Applications that are free to download. Fees may apply to some Services, including but not limited to subscriptions, Application downloads and Virtual Item purchases. These products and services may be purchased on specific pages on our Site, inside the Applications or in other places as indicated in the Services. If you decide to use paid elements of our Services (for instance by deciding to buy Virtual Currency or Virtual Items), you accept the price, payment method and billing policy applicable to such payments and fees, as they are stated in our Services. All payments are non-refundable and non-transferable except as expressly provided by these GCU. The price of any product or service purchased through the Services will be the price specified at the time of purchase. Unless stated otherwise, the prices of all products and services exclude all applicable taxes and associated telecommunication costs. In accordance with applicable law, you agree to be responsible for all applicable taxes and associated telecommunication costs.

By purchasing an Application, a Virtual Item or any other content in the Services, you represent and warrant that you are of legal age to enter into a contract. If you are not of legal age, you represent that you have the written consent of a parent or person with parental authority. Finally, you represent that you are not a person deemed inadmissible to use or receive the Services by a local, provincial, federal or international jurisdiction. When you give us your credit card payment information, you acknowledge that you are the authorized user of the credit card with which the subscription or other fees were paid.

Applications and Virtual Items can be downloaded after you connect to the Services and pay the associated fees. We do not accept any liability for purchase mistakes, for trial versions, for purchased software that is incompatible with the telephone, device or purchase platform, for rebates or promotional codes not offered at the time of purchase, or for items purchased 90 days after the purchase date, for any reason whatsoever, unless applicable law provides otherwise ("Purchase Mistakes"). We do not accept any liability for any error found in your carrier's billing statements. You must make sure that your carrier, as well as the manufacturer and model of your telephone or any other device you use, are supported and compatible with the products or services you have purchased, downloaded or otherwise obtained on our Services.

Purchase of virtual items

Some Services allow you to use or purchase (a) Virtual Currency, including but not limited to coins, bills, tokens and virtual points, which can be used in the Services; (b) virtual in-game items (including Virtual Currency); and (c) some in-game benefits ("Virtual Items"). The price of the product will correspond to the price shown on the order page when you make the payment. Once you have completed your order, we may send you a confirmation email listing the items you ordered. We encourage you to promptly verify the accuracy of the information in this confirmation email and to save a copy thereof. Virtual Items have no value in the real world and cannot be exchanged for real currency, goods or other items with a market value, even if you have unused Virtual Items remaining in your Account at the time of its voluntary or involuntary termination. Squeeze Productions Inc. is not liable for any piracy or theft of your Virtual Items. The price and availability of Virtual Items can change with no prior notice. All sales of Virtual Items are final. No refunds will be granted, except in the event of fault on our part.

The purchase of a Virtual Item constitutes a purchase of a user licence for said Virtual Item in the corresponding Services and does not transfer ownership of the Virtual Item to you. This licence is personal and cannot be sold, transferred, assigned, given, exchanged or sub-licensed. Accordingly, any purported sale, transfer, assignment, gift, exchange or sub-license of the Virtual Items, whether in exchange for legal tender, goods or any other element outside the Services, is strictly forbidden. This type of transfer or attempted transfer is prohibited, null and void, and may result in termination of your Account, banishment from our products and services, or legal action.

You understand that while you may "earn," "acquire" or "purchase" Virtual Items in our Services, you do not legally own the Virtual Items and the amounts of any Virtual Items do not refer to any credit balance in legal tender or its equivalent. Any "Virtual Currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited licence.

If you request deletion of your data, you definitively relinquish all your Virtual Items without refund, because Squeeze Productions Inc. will no longer be able to associate these Virtual Items with you.

Promotions and special offers

From time to time, we may offer limited-time promotions. Please review the official rules associated with any such promotion. They will apply in addition to these Terms.

In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, or will require travel or activities outside the virtual world, all of which will be disclosed before you accept the Offer. If you accept any Offer, you assume all liability associated with the Offer.

Content Licences

Subject to your compliance with these Terms, Squeeze Productions Inc. grants you a limited, non-exclusive and non-transferable licence allowing you to: (i) access and use any Squeeze Content solely for personal and non-commercial use; and (ii) view any User Content to which you have access solely for personal and non-commercial use. You may not sub-license the licence rights granted to you in this section.

You agree not to use, copy, adapt, modify, use as derivative works, distribute, sub-license, sell, transfer, display or publicly present, transmit, stream or otherwise broadcast, or operate in any way, the Services or Collective Content, except as expressly permitted by these Terms. No other licence or right is granted to you by implication or under any other intellectual property right belonging to or controlled by Squeeze Productions Inc. or its licensors, except licences and rights expressly granted by these Terms.

We may, at our sole discretion, allow Users to publish, upload, send or transmit User Content. By making any User Content available on or through the Services, you grant Squeeze Productions Inc. an international, irrevocable, perpetual, non-exclusive, transferable and copyright-free licence, as well as the right to sub-license, use, view, copy, adapt, modify, distribute, license, transfer, display or publicly present, transmit, stream or otherwise broadcast, or operate in any way, this User Content, but only in order to provide the Services or through them. Squeeze Productions Inc. does not assert any ownership right with respect to User Content, and nothing in these Terms must be construed as limiting the rights you have to use and operate User Content.

You acknowledge and accept sole responsibility for any User Content you make available through the Services. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of any User Content you make available through the Services, or that you hold all necessary rights, licences, agreements and releases to grant Squeeze Productions Inc. rights relating to this User Content, as defined in these Terms; and that (ii) neither the User Content nor the posting, uploading, sending or transmission of User Content by you or use of User Content or a part thereof by Squeeze Productions Inc. on or through the Services will contravene, appropriate or violate the patent, copyrights, trademarks, trade secrets, moral rights or other property rights, or publicity or privacy rights, of a third party, or result in the violation of any applicable law or regulation.

User Content

All User Content must comply with the following content standards: User Content must not be illegal, fraudulent, misleading, obscene, threatening, defamatory, detrimental to privacy or intellectual property rights, or otherwise objectionable or detrimental to a third party, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of spam.

You represent and warrant that you hold or otherwise control all rights to the User Content posted by you at the time of posting, that the User Content is accurate and not fraudulent or misleading, and that the User Content does not violate these Terms or the rights (intellectual property rights or other rights) of any third party and will cause no harm to any person or entity. You understand that your User Content may be copied by other Users of these Services and referred to in the Services. If you do not have the right to submit User Content for such use, you may be held liable. Squeeze Productions Inc. accepts no liability with respect to any User Content posted by you or a third party.

Squeeze Productions Inc. has the right, but not the obligation, to monitor, modify or delete User Content. Squeeze Productions Inc. also has the right to withdraw your access to all or part of the Services for any reason whatsoever, including but not limited to a violation of these Terms. Squeeze Productions Inc. may exercise these rights at any time, without notice or liability to you or any other person.

General Prohibitions

As a User, you agree to only use the Services for lawful purposes. Certain activities, including but not limited to those listed below, are prohibited. You agree that you will under no circumstances do any of the following:

If you are found guilty of participating in any of these activities, you will immediately be banned from the Services. Any infringement of the above prohibitions may result in the suspension or termination of your Account and of your access to the Services.

Rules of use of the services

In addition to the general prohibitions set out above, your use of the Services and your participation are governed by specific rules (the "Rules") which are maintained and enforced exclusively by Squeeze Productions Inc. Your cooperation in understanding and complying with the Rules is essential to ensuring that all Users can fully enjoy the Services. In accordance with the Rules, you agree:

Intellectual Property Rights

The Services (including but not limited to games, titles, computer codes, themes, objects, characters, character names, stories, dialogues, slogans, concepts, illustrations, animations, sounds, music, audiovisual effects, methods of operation, moral rights, documents, transcriptions and discussions in the Services, character profile information, recordings of the parties made using the Services and server software) and Collective Content are held or controlled by Squeeze Productions Inc., its licensors or third parties. You agree not to delete, modify or mask any mentions of copyrights, trademarks or other proprietary rights accompanying the Services or Collective Content. Squeeze Productions Inc.'s policy is to withdraw access to the Services for Users or other Account holders who violate or are presumed to have repeatedly violated the rights of copyright holders.

Links to third-party products or services

Some Applications, including Applications that are free to download, may contain ads from third parties that will redirect you to third-party sites. You understand that Squeeze Productions Inc. makes no promises as to the substance of the content, goods or services provided by these third parties, and you understand that Squeeze Productions Inc. does not support them. Squeeze Productions Inc. will not be liable to you for any losses or damages caused by these third parties. You accept sole responsibility for your use of these websites or resources, or of content, products or services available on these websites or resources, and assume any risk that may arise therefrom. You will bear any costs incurred with these third parties. You understand that when you provide data to these third parties, you do so in accordance with their Privacy Policy (if applicable), and you understand that Squeeze Productions Inc.'s Privacy Policy does not apply with regard to this data.

These Terms are between you and Squeeze Productions Inc., not Apple, Google, Facebook or any other third party through which you may have purchased one of the applications (the "Stores"). The Stores are not liable for the Application you have purchased or for our Services. The Stores have no obligation whatsoever to provide maintenance or support services with regard to the Applications. To the maximum extent permitted by applicable law, the Stores have no other warranty obligation with regard to the Applications. The Stores are not responsible for processing your claims or any third party claims concerning the Applications or your possession and/or use thereof, including but not limited to: (i) product liability claims; (ii) claims regarding non-compliance of the Applications with any applicable legal or regulatory requirement; (iii) claims arising from consumer protection or a similar law; or (iv) claims about infringement of third party intellectual property rights by the Application.

Limitation of Warranty and limitation of Liability

Limitation of Warranty

This subsection applies only to the extent permitted by the law in force in your jurisdiction of residence. Some jurisdictions do not allow limitation of warranty clauses such as the ones set out below; accordingly, the terms below may not apply to you. The Services are provided to you "as is" and with no warranty or assurances of any kind. They may have defects, and you use them at your own risk. Squeeze Productions Inc. makes no representations or warranties, whether express, legal, or implied, including any implied warranties with regard to condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantable quality, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and any warranties (if applicable) arising in the course of transactions, use or commercial practices. Squeeze Productions Inc. in no way warrants that you will be able to enjoy the Services without interference, that the Services will meet your requirements, that the Services will be uninterrupted or error-free, that the Services will be interoperable or compatible with any other service, or that any error in the Services will be corrected. Oral or written advice given by Squeeze Productions Inc., its employees or its other representatives in no way constitutes a warranty.

This subsection applies only to the extent permitted by the law in force in your jurisdiction of residence. Some jurisdictions do not allow limitation of liability clauses such as the ones set out below; accordingly, the terms below may not apply to you. Squeeze Productions Inc. is under no circumstances liable for special, indirect or consequential damages resulting from access to, use or improper performance of the Services, including but not limited to property damage, loss of clientele, device failure or malfunction, and, to the extent permitted by law, personal injury, property damage, loss of profit or punitive damages arising from any action that results from or is connected to these GCU or the Services, whether in tort (extracontractual liability) (including negligence), in contract or under strict or other liability principles and whether or not Squeeze Productions Inc. was informed of the possibility of such damages.

Limited Liability

This subsection applies only to the extent permitted by the law in force in your jurisdiction of residence. Some jurisdictions do not allow limitation of liability clauses such as the ones set out below; accordingly, the terms below may not apply to you. Neither Squeeze Productions Inc. nor its parent company, subsidiaries, licensors or affiliated companies may be held liable in any manner whatsoever for damages or losses of any kind resulting from (a) use or inability to use the Services, including but not limited to loss of clientele, work stoppages, IT failure or malfunction; (b) loss or damages on characters, accounts, statistics, inventories or User profile information; or (c) Service interruptions, including but not limited to outages, hardware or software failures, payment solution failures, third party product or service failures, or any other event that could cause loss of data or an interruption of Services. Squeeze Productions Inc. shall under no circumstances be held liable to you or anyone for indirect, incidental, special, exemplary, speculative or punitive damages.

This subsection applies only to the extent permitted by the law in force in your jurisdiction of residence. Some jurisdictions do not allow limitation of warranty clauses such as the ones set out below; accordingly, the terms below may not apply to you. Squeeze Productions Inc.'s liability shall under no circumstances exceed the amount you have paid us over the twelve (12) months preceding the cause of action.

Indemnification

This subsection applies only to the extent permitted by the law in force in your jurisdiction of residence. Some jurisdictions do not allow indemnification clauses such as the ones set out below; accordingly, the terms below may not apply to you. If you are prohibited by law from accepting the above indemnity obligation, you assume, to the extent permitted by law, all liability for any claims, demands, actions, losses, liability and expenses (including lawyer and expert witness fees) that are the stated subject matter of the indemnity obligation set out below.

At our request, you agree to defend, indemnify and hold harmless Squeeze Productions Inc., its directors, executives, employees and agents/mandataries from and against all claims, liability, damages, losses and expenses resulting from third-party claims, including but not limited to reasonable legal and accounting fees, arising directly or indirectly from your access to or use of the Services or Collective Content, or from your violation of these Terms and/or any content giving rise to our liability.

Applicable Law and Jurisdiction

Some jurisdictions do not allow exclusion of liability clauses such as the ones set out below; accordingly, the terms below may not apply to you. Instead, in these jurisdictions, the exclusion of liability clauses below will only apply to the extent permitted by the laws of these jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these GCU may impinge on the legal rights you may have as a consumer of the Services.

For individuals who validly acquire and use the product in a European Union country or in the province of Quebec, nothing may exclude the liability of Squeeze Productions Inc. in the event of death or personal injury resulting from its negligence.

Some jurisdictions do not allow terms of use to be governed by the laws of a jurisdiction other than the user's jurisdiction of residence; accordingly, the terms of this subsection may not apply to you. The Services are managed and fed from a computer located in the province of Quebec, Canada. The content and use of the Services are governed by the applicable laws of Quebec and Canada. These Terms of Use, as well as any dispute or misunderstanding resulting from their application, must be interpreted in accordance with these laws. Any litigation resulting from or associated with the use of the Services or these Terms of Use will be subject to the exclusive jurisdiction of the courts of the province of Quebec or a federal Canadian court, in the judicial district of Montréal, notwithstanding any potential application of conflict of laws principles.

Assignment and Severability

Squeeze Productions Inc. may assign these GCU and the Services, in whole or in part, to any person or entity at any time, with or without your consent. You may not entrust or delegate any right or obligation hereunder or under the Privacy Policy without Squeeze Productions Inc.'s prior written agreement, and any unauthorized assignment or delegation will be null.

If a provision in these GCU is deemed invalid or inapplicable, it shall be limited or eliminated to the minimum extent necessary, and the remaining provisions in these GCU shall remain in full force. Should Squeeze Productions Inc. fail to avail itself of any right or provision in these GCU, this shall not be deemed a waiver of such right or provision.

Should Squeeze Productions Inc. fail to exercise or enforce any of its rights in accordance with these GCU, this shall not constitute a waiver of such right. Any waiver of these rights shall be effective only if it is in writing and signed by an authorized representative of Squeeze Productions Inc.

Force majeure

We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, overthrows by civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, epidemics or shortages of transportation, facilities, fuel, energy, labour, or materials.

Entire Agreement

These GCU are the entire and exclusive agreement between Squeeze Productions Inc. and you regarding the Services and Collective Content. These GCU cancel and supersede any prior oral or written agreement between Squeeze Productions Inc. and you regarding the Services and Collective Content.

If you have any questions about these GCU, please contact us at crackeinfo@squeezestudio.com.