Thunderpop Terms of Service

Welcome to Thunderpop’s Terms of Service (“Terms”), which form a contract between you and Thunderpop. We tried to make these Terms as easy to read as possible, but if some of the Terms sound more formal, that’s because our lawyers made us do it.

Thanks for visiting Thunderpop! By accessing or viewing the Thunderpop.com website (the “Website”), creating an account, downloading, accessing, or playing the Thunderpop game (“Game”), and using any of the services we may provide in relation to the Game or the Website, such as customer support, social media, in-app purchases, community channels, and contests (collectively, with the Website and Game, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you are prohibited from using the Website or the Services, and you must discontinue use immediately. 
 

By agreeing to these Terms, you also represent and warrant that you are at least 12 years of age in Indonesia and 13 years of age in the United States, or if you are not a resident of these countries, you are the minimum legal age of majority required for use of the Services in your country of residence (“Age of Majority”). The Services are not intended for, and should not be accessed by, minors under the Age of Majority.  If you are accessing our Services on behalf of someone else, you acknowledge that you have their permission to do so.
 

“Thunderpop,” “we,” “us,” or “our”, as used in these Terms, means OddBytes LLC, which operates the Website, Game, and Services, together with its Affiliates, which means any entity controlling, controlled by, or under common control with OddBytes LLC, where “control” means the direct or indirect ownership of more than fifty percent (50%) of such entity’s capital or equivalent voting rights

“You” or “User” refers to the person using the Services.

We may modify, add, or delete portions of these Terms at any time. Your use of the Services and Website after changes have been posted on the Website means you agree to the changes. 
 

We may also change the Services at any time, in any manner. For example, we may add, modify, or remove features, update the functionality of the Services, or modify how our Services are provided. Any future release, update, or other addition to the Services will be subject to these Terms, unless and until an updated set of Terms is posted. We may also suspend or terminate the Services for any reason, without notice, at any time.

If you are a user who wishes to play the Game, you must create an Account. To create your Account, you may be asked to provide certain information necessary to create your account, such as your email address, along with a user/display name and password. 
 

You must provide accurate and complete information to us at all times, including your true age if requested. We reserve the right to request additional information or documentation from you to verify your identity, although we have no liability for failing to do so. If it comes to our attention that you have provided false information, we have the right to suspend or cancel your user account at our sole discretion. 
 

Your display name cannot be offensive or misleading, and cannot infringe on someone else’s rights including by using the name of another living person that is not your legal identity. If you violate these rules, we have the right to suspend your account or change your display name. 
 

You also agree to maintain and safeguard your display name and password and not share them with others. By agreeing to these Terms, you agree you are responsible for all activities that relate to your Account. You may delete your Account at any time by sending us an email at support@thunderpop.com.  
 

Please make sure your version of the Game is current.  You can check this at the Google Play Store or iOS App Store.  If your game version is up-to-date, you can restart your game by closing and opening the game itself.

When you play the Game, you may earn gems or coins with which you can purchase certain in-game content, such as lootboxes, character titles, skins, icons, frames, animations, gems, coins or other accessories for your character to improve your in-game experience. (“In-Game Content”). You may also be able to obtain certain In-Game Content without purchase, such as through an event or through gameplay. In-Game Content is not subject to refund and cannot be traded outside of the Game for money or other items of value. 
 

Purchases of In-Game Content maybe completed through a third party digital storefront, such as Google Play or the Apple App Store (“Storefronts). We never process payments directly. Storefronts do not share your financial or personal information, like credit card numbers or billing address, with us. You agree that Thunderpop: (a) is not an agent of any Storefront, and we do not provide or offer payment services on behalf of a Storefront; (b) is not, nor should anything in these Terms be construed to imply that Thunderpop is, acting in any way under a mandate conferred by the Storefront; and (c) is not an escrow service, money aggregator, money remitter or money transmitter. Any payments are subject to the terms and conditions of the Storefronts, which may charge their own fees for their services according to their own terms and conditions. It is your sole responsibility to read Storefront terms carefully. 
 

If your payment method is declined by the Storefront, your order may be cancelled and you may lose access to your account. Thunderpop is not responsible for any issues between you and your card issuer, bank or other payment service provider. You are solely responsible for complying with any requirements of any Storefront, and we are not liable to you for any losses suffered as a result of your interactions with, breach, default, or other conduct relating to a Storefront. 

Do not send us any confidential, proprietary, or trade secret information . 
 

If you send us any documents, creative works, or other content, including, without limitation, idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material (“Content”), you grant us an unrestricted, royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to copy, use, reproduce, adapt, modify, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the material, as well as your name, voice, image, likeness, and any other personal attributes, in any location or media now known or invented thereafter, including our social media channels for commercial and advertising purposes.
 

You agree that you have all  third party rights necessary to grant us the above license.

The Services contain protected intellectual property and content including copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights, titles, computer code, themes, objects, characters, stories, dialogue, artwork, graphics, images, animations, audio-visual effects, screen shots, text, sound, music, digitally downloadable files, product and character names, slogans, virtual currency and virtual items including In-Game Content (“Protected Content”). You agree that these rights are protected in all forms, including in media and technologies existing now and developed in the future. You agree not to modify, publish, or exploit the Protected Content. Thunderpop reserves all rights not expressly granted in these Terms. 
 

Thunderpop also retains all rights to all Protected Content you access or use through the Game. With respect to In-Game Content purchased or otherwise made available to you, you will receive a limited, revocable, non-exclusive, non-assignable license to access and use that In-Game Content or functionality solely in the Games while your have an active Account, conditioned on your compliance with these Terms. 
 

Do not hesitate to reach out if you believe anything on our Website or Services infringes on your intellectual property or proprietary rights. To contact us, please email us at legal@thunderpop.com.

You agree that you will not: (i) delete, remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services,  features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services; (ii) access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Thunderpop;  reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services; or access any website, server, software application, or other computer resource owned, used, and/or licensed by Thunderpop by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures we may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by us; (iii) disrupt or interfere with the security of, or otherwise cause harm to the Services, servers or networks that host the Services , by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;; (iv) violate the intellectual property or other rights of any party, including Thunderpop, or ; (v) sell, license or exploit the Services for any commercial purposes; and (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (vii) violate any law, contract, or third-party right; (viii) engage in defamation, slander, invasion of privacy or publicity rights, or engage in any conduct that is harassing, abusive, threatening or otherwise objectionable to a reasonable person (viii) or use the Game in any other way outside of its intended use. 
 

Violations of these Terms may result in immediate suspension or termination of your access to your Account or the Services without compensation.

To the fullest extent permitted by applicable law, we reserve the right, without notice and in our sole discretion, to stop providing the Services (or any features) to you or to users generally, and to block or prevent your future access to and use of the Services for any reason, including without limitation if: (a) your use of the Services violates these Terms  or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. Our right to terminate our services, this agreement, and your license includes the ability to terminate or to suspend your access to any purchased products or services.
 

 To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Services, (ii) any term of these Terms, (iii) any policy or practice of ours in relation to the Services, or (iv) any content or information transmitted through the  Services, is to terminate your account and to discontinue use of any and all parts of the Services.

When you visit the Website and use the Services, we may use cookies and monitoring technologies to enhance your user experience and to provide you with sponsored content. The collection and usage of your personal information is detailed in our Privacy Policy, which you should review before using the Website or using our Services. The Privacy Policy is incorporated into these Terms. You understand that through your use of the Website and Services, you consent to the collection and use of this information.

The Services may be supported by advertising, promotions or sponsored content (“Sponsored Content”), which is subject to change without notice to you, and which may contain links to third-party websites, offers, or other events and promotions that are not owned or controlled by us (“Linked Sites”).  We do not control, recommend, or  otherwise accept responsibility for the content of Linked Sites, nor do we make any express or implied warranties or representations about the content, accuracy or completeness , on any Linked Sites or the actions of third-parties. By following a link to a third-party website, be advised that the third-party website will be governed by different terms of use and a different privacy policy from that provided by us. Be sure to read and agree to those terms and policies. Accessing the Linked Sites is at your own risk.
 

 Any revenue generated by us from Sponsored Content in the Services will be retained by us, and you have no right to share in such ad revenue.

In agreeing to the Terms, you also agree to defend, indemnify, and hold us and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) harmless from and against any losses, claims, damages, costs, fines, penalties, settlements, or other liabilities, including reasonable attorneys’ fees and legal expenses, airing out of, or relating in any way, directly or indirectly to you or a third-party for your: (i) access to or use of the Services; (ii)  violation of these Terms; and (iii) violation of any law, rule, or regulation related to the Services, and; (iv) r any violation of intellectual property or any third-party right, including but not limited to any copyright, trademark, trade secret, or privacy right.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE CONTENT AND INFORMATION FOUND IN THE SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. 
 

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTY REGARDING THE PRODUCTS, INFORMATION, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES; (2) ANY IMPLIED WARRANTIES OF MERCHANTABILITY; (3) ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; AND (4) ANY WARRANTIES RELATING TO PRIVACY OR NON-INFRINGEMENT.
 

IN ADDITION, WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS THAT THE ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SERVICES PLATFORM, OR THAT WE WILL ENFORCE THE TERMS AGAINST OTHERS TO YOUR SATISFACTION. IF WE MAKE ANY EFFORTS TO MODIFY THE SERVICES, DOING SO WLLl NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS. 
 

WE DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LA

WE ARE NOT LIABLE TO YOU (OR ANY THIRD-PARTY) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT, ANY BREACH OF SECURITY, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING ANY LOSS OF REVENUE OR PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
 

OUR AGGREGATE LIABILITY ARISING OUT OR IN ANY WAY RELATING TO, THE TERMS, WEBSITE, OR SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. ANY ADDITIONAL DISCLAIMERS CONTAINED WITHIN THE SERVICES ARE INCORPORATED INTO THESE TERMS BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON USE OF THE SERVICES OR THE MATERIAL CONTAINED IN THEM, THE GREATER RESTRICTIONS WILL APPLY. 
 

SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS. IN THOSE PLACES, THIS SECTION MAY NOT APPLY. IN PLACES WHERE LIMITATIONS OF LIABILITY APPLY, OUR LIABILITY WILLl BE LIMITED TO THE FULLEST EXTENT LEGALLY PERMITTED.

BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ANY AND ALL DISPUTES, INCLUDING ANY CLAIM BASED ON CONTRACT, TORT, OR STATUTE,  INCLUDING ANY CONTROVERSY ABOUT WHETHER A CLAIM IS SUBJECT TO ARBITRATION OR WHETHER THIS SECTION IS VALID OR ENFORCEABLE (ANY SUCH DISPUTE, CONTROVERSY OR CLAIM, A “DISPUTE”) WITH US IN THE FOLLOWING MANNER, OTHER THAN DISPUTES FOR INJUNCTIVE OR PROVISIONAL RELIEF:
 

NEGOTIATION: MANY DISPUTES ARE RESOLVED WITHOUT LITIGATION, AND BY AGREEING TO THESE TERMS, YOU AGREE TO REACH OUT TO US TO RESOLVE ANY DISPUTE AT LEGAL@THUNDERPOP.COM AND TO GIVE US 60 DAYS FROM THE TIME WE RECEIVE NOTICE FROM YOU TO RESPOND AND ATTEMPT TO RESOLVE THE DISPUTE (“NEGOTATION PERIOD”) BEFORE ATTEMPTING TO INSTITUTE ARBITRATION. 
 

ARBITRATION: IF WE DO NOT REACH AN AGREED-UPON SOLUTION THROUGH THE NEGOTIATION PROCESS AND NOT EARLIER THAN 180 DAYS, THEN YOU MAY INITIATE BINDING ARBITRATION WITH JUDICATE WEST, WITH A RETIRED JUDGE TO BE SELECTED FROM A RANK AND STRIKE LIST AND ADMINISTERED UNDER THE AMERICAN ARBITRATION ASSOCIATION’S EXPEDITED PROCEDURES, AND MAY BE HELD REMOTELY WITH MUTUAL WRITTEN CONSENT OF BOTH PARTIES.  BINDING ARBITRATION WILL BE THE SOLE MEANS TO RESOLVE YOUR CLAIMS, SUBJECT TO THE TERMS SET FORTH BELOW. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT. THE ARBITRATOR’S AWARD WILL BE WRITTEN AND WILL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. 
 

YOU UNDERSTAND THAT WITHOUT THIS MANDATORY ARBITRATION PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD BE MORE EXPENSIVE THAN THE COSTS OF LITIGATION. IN ADDITION, THE RIGHT TO DISCOVERY IN ARBITRATION COULD BE MORE NARROW THAN IN A COURT. 
 

YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY FEDERAL OR STATE COURT IN LOS ANGELES OR ORANGE COUNTY, CALIFORNIA IN ORDER TO COMPEL ARBITRATION, TO STAY PROCEEDINGS PENDING ARBITRATION, OR TO CONFIRM, MODIFY, VACATE, OR ENTER JUDGMENT ON THE AWARD ENTERED BY THE ARBITRATOR.

YOU BRING CLAIMS AGAINST THUNDERPOP ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS MEANS YOU AGREE NOT TO LODGE ANY CLAIM OR PROCEEDING AS A CLASS ACTION, CLASS ACTION MEMBER OR OTHER REPRESENTATIVE ACTION, AND YOU EXPRESSLY WAIVE THE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
 

30-DAY RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO LEGAL@THUNDERPOP.COM WITH THE SUBJECT LINE, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” THE NOTICE MUST BE SENT WITHIN 30 DAYS OF YOUR AGREEMENT TO THESE TERMS; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE PARAGRAPHS. IF YOU OPT OUT OF THESE ARBITRATION PROVISIONS, WE WILL NOT BE BOUND BY THEM EITHER.
 

WE WILL ENDEAVOR TO PROVIDE 30 DAYS’ NOTICE OF ANY MATERIAL CHANGES TO THIS SECTION BY POSTING IT ON THE WEBSITE, SENDING YOU A MESSAGE, OR OTHERWISE NOTIFYING YOU IN A REASONABLE MANNER. AMENDMENTS WILL BECOME EFFECTIVE 30 DAYS AFTER THEY ARE POSTED ON THE WEBSITE OR SENT TO YOU.
 

ANY CHANGES WILL OTHERWISE APPLY PROSPECTIVELY ONLY TO CLAIMS ARISING AFTER THE 30TH DAY. IF A COURT OR ARBITRATOR DECIDES THAT THIS SUBSECTION ON “CHANGES TO THIS SECTION” IS NOT ENFORCEABLE OR VALID, THEN THIS SUBSECTION WILL BE SEVERED FROM THE SECTION ENTITLED “ARBITRATION AND CLASS ACTION WAIVER,” AND THE COURT OR ARBITRATOR WILL APPLY THE FIRST ARBITRATION AND CLASS ACTION WAIVER SECTION IN EXISTENCE AFTER YOU BEGAN USING THE SERVICES. THIS ARBITRATION AND CLASS ACTION WAIVER SECTION WILL SURVIVE ANY TERMINATION OF THE SERVICES.

Delaware law applies to the interpretation of the Terms and the relationship between you and Chirp, without regard to conflict of law provisions. Any claim or dispute either of us may have against the other that is not subject to arbitration must be resolved by a court located in Los Angeles County or Orange County, California. We both agree to submit to the personal jurisdiction of the federal and state courts located within Los Angeles or Orange County, California for the purpose of litigating all such claims or disputes that are not subject to arbitration.

Any cause of action arising out of or relating in any way to the Terms, the Website, or the Services must be initiated within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. While certain jurisdictions may not enforce a contractual limit on the statute of limitations, you agree that it is to be applied as broadly as possible.

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services and the Website. These Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding any issue covered in the Terms. Certain sections of these Terms will survive any termination of your Account or any aspect of the Services even if we cease offering Services. Our decision not to enforce any part of these Terms will not be considered a waiver. You may not amend these Terms. If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, then that part will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. Instead, any invalid or unenforceable part or provision will be replaced by a valid and/or enforceable part that meets the intention of the parties as much as possible. All of our rights and obligations under these Terms, including any license rights,  are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms will prevent us from complying with the law.

Please direct any general questions regarding these Terms to support@thunderpop.com and any legal questions to legal@thunderpop.com.