Terms of Service

Effective September 1, 2017.

IMPORTANT NOTICE: FOR U.S. AND CANADIAN PLAYERS, DISPUTES ABOUT THESE TERMS OR RELATING TO 4 SHO GAMES SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, go to Section 17. Please read these Terms of Service and our Privacy Policy carefully before using 4 Sho Games agree to all the terms and conditions you must not use our Services.

References to “4 Sho Games,” “Us” or “We” means 4 Sho Games LLC.

In all cases, “4 Sho Games,” “Us,” or “We” includes agents, consultants, employees, officers and directors.

DEFINITIONS

Account” means an account you create when you access the Services.

Services” refers to products, games, services, content, 4 Sho Games.com and/or the other domains provided by 4 Sho Games.

Terms of Service” or “Terms” means these terms of service.

Virtual Items” means (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service and (b) virtual in-game items.

4 Sho Games LLC Family” refers to 4 Sho Games’s subsidiaries, parent companies, joint ventures and other LLC entities under common ownership and/or any of their agents, consultants, employees, officers and directors.

4 Sho Games Affiliates” refers to the 4 Sho Games LLC Family plus 4 Sho Games’s and the 4 Sho Games LLC Family’s third-party content providers, distributors, licensees or licensors.

CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms and Privacy Policy at any time by posting the amended Terms or Privacy Policy on our sites or within the Service (such as through in-game notices). Unless We state otherwise, changes are effective when posted. If you continue to use the Services after the changes are posted you agree to the changes. New versions of the Terms, the Community Rules and the Privacy Policy and any other policies, codes or rules will be accessible at http://www.4shogames.com or from within the Services. If you have a dispute with 4 Sho Games, the version of the Terms, the Community Rules, Feature Terms, and the Privacy Policy in effect at the time 4 Sho Games received actual notice of the dispute will apply to such dispute. However, if you keep using the Service after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.

You can’t make changes to the Terms or Privacy Policy unless both you and 4 Sho Games sign a written amendment.

If the Terms or the Privacy Policy have provisions that conflict with other 4 Sho Games terms or policies, the provisions in these Terms and the Privacy Policy win.

PRIVACY

4 Sho Games’s Privacy Policy tells you how We collect and use information about you or your mobile device. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in 4 Sho Games’ Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services.

We encourage you to read the 4 Sho Games Privacy Policy carefully and use it to make informed decisions.

USING OUR SERVICES

Who can use our Service: We are excited to have you start playing our games, but there are some limits on who can use our Service.

You may not use our Service if:

  • You cannot enter into a binding contract with 4 Sho Games;
  • You are under 13 years of age
  • You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
  • You are a convicted sex offender; or
  • You have previously been banned from playing any 4 Sho Games game or using any 4 Sho Games Service.

If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.

Additional Important Rules and Terms:

If you download the Service from Apple or Google, you must also comply with its terms of service/use as well as these Terms.

OWNERSHIP; LIMITED LICENSE

Games and Service:

The Service is comprised of works owned by 4 Sho Games, and it is protected by copyright, trademark, trade dress, patent and other US and non-US intellectual property and other applicable laws, rules or regulations. 4 Sho Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. These Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service.

So long as you abide by these Terms, 4 Sho Games grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms, to access and use the Service using a 4 Sho Games supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

If you violate these Terms, or any of Our other terms that apply to you, We may take action against you, up to and including permanently suspending your account. In addition, you may be breaking the law, including violations of 4 Sho Games’ intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY 4 SHO GAMES GAME IS A VIOLATION OF 4 SHO GAMES POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

PAYMENT TERMS

We provide a service in the form of access to games and Virtual Items. In the Service you may use “real world” money to obtain a limited license to use Virtual Items and/or other goods or services.

How it Works:

You get a limited license to Virtual Items by visiting the purchase page in one of our games and providing billing authorization through the platform on which You are playing (e.g., Apple iOS, Android).

On 4 Sho Games.com, the payment page will let you know what you can use to pay when you make your purchase. We may change what you can use to pay from time to time, at Our sole discretion. Virtual Items purchased in Our games on other platforms such as Apple iOS, or Android will be subject to those platforms’ payment terms and conditions. 4 Sho Games does not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information.

ALL SALES ARE FINAL:

YOU ACKNOWLEDGE THAT 4 SHO GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH 4 SHO GAMES.COM OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

THIRD PARTY ADVERTISING

Our Service and our games may feature advertisements from Us or other companies. Our Privacy Policy explains what information We share with advertisers. Please read it.
Sometimes We provide links in Our games or on the Service to other companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Service or upgrade (such as in-game currency) in exchange. Any charges or obligations you take on in dealing with these other companies are your responsibility.

We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from Our Service or games. Also, just because We allow a link to be included in Our games or Service does not mean We endorse that linked site. We are not liable for any claim relating to any content, goods and/or services of third parties.

Please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you.

COPYRIGHT NOTICES/COMPLAINTS

We respect the intellectual property rights of others and ask that you should, too. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local laws that may apply.

WARRANTY DISCLAIMER; SERVICES AVAILABLE ON AN “AS IS” BASIS

Neither 4 Sho Games nor any 4 Sho Games Affiliate makes any promise or guarantee that the Service will be uninterrupted or error-free.

USE OF THE SERVICE IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 4 SHO GAMES AND ANY 4 SHO GAMES AFFILIATE MAKE NO WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. 4 SHO GAMES AND ANY 4 SHO GAMES AFFILIATE DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE.

If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Service or the shortest period required by law.

LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE THAT 4 SHO GAMES AND THE 4 SHO GAMES AFFILIATES ARE NOT LIABLE

(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR

(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF 4 SHO GAMES AND/OR THE 4 SHO GAMES AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID 4 SHO GAMES AND/OR THE 4 SHO GAMES AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID 4 SHO GAMES OR ANY 4 SHO GAMES AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH 4 SHO GAMES AND/OR ANY 4 SHO GAMES AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.

INDEMNITY

If you use or misuse the Service, or if you violate these Terms or any other applicable rules and that results in loss or damage or in a claim or liability against 4 Sho Games or any 4 Sho Games Affiliate, you agree to indemnify, defend and hold harmless 4 Sho Games and/or the 4 Sho Games Affiliate (which means you agree to compensate 4 Sho Games and/or the 4 Sho Games Affiliate on a “dollar for dollar” basis) for that loss, damage, claim or liability, including compensating 4 Sho Games and/or the applicable 4 Sho Games Affiliate for our legal fees or expenses. If 4 Sho Games or the 4 Sho Games Affiliate wants to, they are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse them, and it will be at your expense. You also have to cooperate in 4 Sho Games’s and/or the 4 Sho Games Affiliate’s defense of these cases. 4 Sho Games and/or the 4 Sho Games Affiliate will use reasonable efforts to let you know if they learn of any claim on which you have to compensate or reimburse them. This will apply even if you stop using the Services or your account is deleted.

APPLICABLE LAW

These Terms and our relationship will be governed by California law, except for its conflicts of laws principles.

SEVERABILITY

If any part of these Terms, Feature Terms, Community Rules or the Privacy Policy is not enforceable, the rest of these Terms, Feature Terms, Community Rules and the Privacy Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.

ASSIGNMENT

We may give our rights, or Our obligations, under these Terms, Feature Terms, Community Rules, or our Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms or our Privacy Policy without first getting 4 Sho Games’ written consent, and any attempt to do so without our consent is void.

ENTIRE AGREEMENT

These Terms, and any other policies or rules We reference in these Terms, make up the entire agreement between you and Us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us.

NO WAIVER

If We do not enforce a provision of these Terms or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, Feature Terms, the Community Rules, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and Us to be legally binding.

NOTICES

We may notify you by posting something on 4shogames.com or in the 4 Sho Games game(s) you play.

EQUITABLE REMEDIES

You agree that given the unique and irreplaceable nature of the rights granted and obligations made under these Terms and/or our Privacy Policy, or intend to breach these Terms or Privacy Policy, money damages alone will not be enough to repair the harm to 4 Sho Games. Therefore 4 Sho Games may seek injunctive or other equitable relief (e.g., get a court order to make you stop doing whatever you’re doing that is causing harm) if you breach or intend to breach these Terms or our Privacy Policy and 4 Sho Games does not have to post any bond or surety or submit proof of damages.

You agree to limit your claims to claims for money damages, as limited Limitation; Waivers of Liability section. And, you agree not to seek injunctive or equitable relief or otherwise seek to stop Us from operating any aspect of the Service or any 4 Sho Games Game.

FORCE MAJEURE

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