END-USER LICENSE AGREEMENT
Read this entire document. It legally binds you ("User," "licensee," "you." etc.) and Silver Creek Entertainment ("us," "we," "SCE", etc.) You are responsible for knowing what this says, and by buying, downloading, playing or using our games on the website or in other formats you are saying that you have read this and agree to all of the terms. We may from time to time amend, with or without notice; you are bound by any amendment upon its posting on the site. We may assign; you may not.
1. The software you are downloading, have downloaded or are about to download, along with the password chosen by you and accepted by us to access and play our games online, offline, by computer or by other device, solo or with or against others, is licensed (not sold) to you by SCE, the exclusive owner and sole authorized distributor, for your private personal use on an "as is" basis. This limited license also covers the acquisition of tokens and their redemption for items where a game provides for such. Specifically excluded from this grant of license are individuals who are under the larger of (a) legal age of majority in their jurisdiction or (b) eighteen (18) years old. We grant this license to you subject to it being non-exclusive, personal, non-transferable, and subject to each and every one of the terms and conditions contained in this document, including our right to withdraw said license at any time and for any reason at our sole discretion and under any terms.
2. Software and games are protected by the copyright laws of the United States of America, as extended by protections afforded by treaty internationally, and by other laws governing intellectual property rights, including but not limited to certain trademark rights of our game names and logos and of certain features of our games (e.g., "Silver Creek Entertainment," "Hardwood Solitaire," "Foom, " etc.)
3. We expressly disclaim any and all warranties, express or implied; this is "as is." Although we want you to enjoy this product and will try to see that you do, we cannot and do not warrant fitness-for-a-particular-purpose, completeness, accuracy, lack of bugs, lack or errors, freedom from viruses, timeliness, or quality.
4. We are in charge, and make all decisions, respecting the granting of a particular license to a particular individual, maintaining his or her account, and closing an account, and of any dispute resolution connected thereto. Our decisions are final, and there is no right of appeal, internally or externally.
5. You may not modify, decompile, disassemble, reverse engineer the software, nor may you hack us or any other licensee or third party connected with the operation of our software, nor may you post or transmit to the site or to us any virus or hidden feature designed to either limit or damage any software's proper functioning or to improperly obtain information (such as "phishing.")
6. This license is for your own personal, not-for-profit use. Commercial use is prohibited. Gambling, or use of any cyber-money, account points, tokens, items etc. for purposes or benefit in the "real" world is prohibited, and any use of any kind is subject to laws local to us or to you governing gambling or other matters. You are responsible for knowing and observing all laws to which you may be subject, and you will hold us harmless.
7. In group play, you may not collude with others (share hold cards, chip dump, exchange information during play, etc.) We have the right to prohibit or limit seating or player combinations in any game, table, or tournament, without having to "prove" collusion.
8. Automatic players ("bots"), external player assistance programs ("EPAs"), and the accessing or compiling of information about other players beyond that which is observed by the user through the user's own game-play, are prohibited. We may examine any software concurrently running on user's computer for purposes of detecting such.
10. Obscene, harassing, defamatory or threatening communication, or any communication which may be unlawful or actionable under the laws of Oregon, the United States, or the jurisdiction of the parties so uttering, or any communication which may be deemed offensive by an individual of average sensibilities is prohibited. You may not "stalk" another player, i.e., follow them from table to table when they have indicated that they do not so wish. Conversation must be in English. All players are expected to conduct themselves in a civilized fashion; in the event of any question arising about the propriety of any communication or action, we are the sole judge.
11. You may not impersonate another individual or entity, nor assert an affiliation that is untrue.
12. You may not solicit or advertise, nor may you use our facilities to send "junk mail" or "spam." Nor may you beg for money, tokens, or items (real or virtual.)
13. We reserve all right, without appeal by you, to determine likely breach, and we reserve all right to take such corrective or punitive action as we see fit, in our sole discretion. In the event of action at law, we shall if we prevail be entitled to reasonable costs and fees incurred.
14. We shall bear no liability for special, incidental, indirect, speculative or consequential damages arising out of any injury to you caused or arising out of your use of our software or playing our games.
16. In the event any part of this is deemed unlawful or invalid, the validity of the balance shall not be affected.
17. The laws of the United States and the State of Oregon govern, and the exclusive forum for trial at law shall be the Circuit Court of the State of Oregon for the County of Josephine, or the Southern Division of Federal District Court for the District of Oregon, as applicable.
18. Fees and Payments
18.1. Fees and Payments. Some aspects of the Site and Services require you to pay a fee. You may also purchase certain subscriptions to the Hardwood Games Services and/or physical products through the Site. You agree to pay all fees, payments and applicable taxes incurred by your Account you used to access the Hardwood Games Services. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Site or Hardwood Games Services, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Site, you (a) agree to pay the price for such products set forth in the Site, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize Hardwood Games to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
18.2. Return and Refund Policy.
All sales on the Site and the Hardwood Games Services are final. Except as provided below, there are no refunds or returns for the purchase of a subscription to the Hardwood Games Services. If you reside in the European Union and you purchase a product or service from Hardwood Games you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period.
EXCEPT AS SET FORTH HEREIN WTH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, (I) ALL SALES THROUGH THE SITE AND HARDWOOD GAMES SERVICES ARE FINAL; AND (II) YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. EXCEPT AS SET FORTH HEREIN WITH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, WE DO NOT ISSUE ANY REFUNDS OR OFFER ANY EXCHANGES OF ANY PRODUCTS PURCHASED ON OR THROUGH THE SITE.
18.3. Changes to Products and Pricing. Hardwood Games may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the Hardwood Games Services or any products sold through the Site. The inclusion of any products through the Site at a particular time does not imply or warrant that these products will be available at any other time. Hardwood Games reserves the right to change prices for products displayed on the Site, or the Hardwood Games Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Site.
18.4. Order Acceptance/Confirmation. Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify Hardwood Games’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Hardwood Games reserves the right at any time after receiving your order to accept or decline your order for any reason. If Hardwood Games cancels an order after you have already been billed, then we will refund the billed amount.
18.5. Shipment of Products. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of physical products purchased by you through the Site will be delivered within the time period specified for the delivery method you have selected.
18.6. Consumers Only. Hardwood Games sells and ships products to end-user customers only. You may not purchase products on the Site for resale, and we reserve the right to refuse or cancel your order if we suspect you are doing so.