Ludia owns and operates the Ludia web sites, www.ludia.com, PlayTPIR.com, PlayHK.com, PlayAmericanIdol.com and affiliated sites, which may offer games, activities and services. Use of Ludia web sites is subject at all times to our Terms of Use. Use of Ludia’s web sites, games, activities and other services, regardless of when they are added, are governed by our Terms of Use. 

Our player community is always evolving, so it's important that you periodically check here (as well as the rules and instructions in your favorite game areas) for updates and new information.
Ludia may update or revise the Terms of Use at any time. If we revise the Terms of Use, such revision shall be effective thirty (30) days after posting the new Terms of Use on Ludia Online. You agree to review the Terms of Use periodically to become aware of such revisions. You can view the Terms of Use at any time by clicking on the Terms of Use link at the bottom of our Ludia.com home page. Your continued use thirty (30) days after a revised Terms of Use is posted on Ludia.com will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Terms of Use, your only remedy is not to use Ludia web sites and to cancel any services you have signed up for. 

If you violate our Terms of Use, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. You acknowledge that Ludia is not required to provide you notice before termination, but it may choose to do so.

The Terms of Use and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes, constitutes the entire agreement between you and Ludia regarding your rights and obligations in your use of Ludia web sites. If there is any conflict between the Terms of Use and any other rules or instructions posted on Ludia.com, Ludia shall resolve the conflict in its sole discretion.  If you have questions about the Terms of Use, please contact us by emailing termsofuse@ludia.com .

1. THIRD-PARTY SITES AND VENDORS.
We may provide links to other web sites. Ludia may also provide access to or through third-party vendors, who provide billing services on Ludia web sites. Any charges or obligations you incur in your dealings with these third parties are your responsibility.

2.  ONLINE CONTENT.
By "Content," we mean the software, communications, images, sounds, and all the material and information you see on our web sites. Ludia, our affiliates, and  independent content providers provide most of the Content on Ludia web sites. Ludia may or may not pre-screen Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Ludia web sites.

Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for Ludia web sites. Content standards may vary depending on the Ludia web site you are on, the type of game you are playing and the expectations of the community. Always use your best judgment in online conduct. If you would not say something in a room full of people you have never met, or in the workplace, don't post it on our message boards or chat.

Ludia representatives may monitor your communications on Ludia web sites. But we cannot monitor all of the Content on Ludia web sites. Ludia does not endorse, approve, or prescreen any Content that you or other users communicate. To the maximum extent permitted by applicable law, Ludia does not assume any responsibility or liability for Content that is generated by web site users or guests on Ludia web sites.  We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final.  Ludia does not assume any liability for any failure to remove, or any delay in removing Content.

If we removed Content that you created, we may send you a warning. If it's a serious offense or you've violated our rules before, we may ban you from participating on Ludia web sites.

You also acknowledge that the time that you spend on Ludia web sites is solely for entertainment purposes, and that no value can be attributed to such time.  In particular (but without limitation), you understand that no value can be attributed to the time that you may spend accumulating digital objects (such as points, tokens and other in-game objects) or developing Content.

3.  ONLINE CONDUCT.
Online conduct should be guided by common sense and basic etiquette.  The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on Ludia web sites. You must also obey rules for use of third party tools, and rules of interactive service providers, state, provincial, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of Ludia web sites and cooperate with law enforcement for illegal behavior.

You agree that you will be personally responsible for your use of Ludia web sites and for all of your communication and activities, including any Content you may contribute, and that you will indemnify and hold harmless Ludia., its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Ludia web sites, including any Content that you may contribute.

You will violate the Terms of Service if you do any of the following:

• - Post, transmit, promote, or distribute Content that is illegal

• - Harass, threaten, embarrass, or do anything else that is unwanted. This means: don't say bad things about them, don't keep sending them unwanted messages, don't attack their race, sexual orientation, religion, heritage, etc.

• - Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.

• - Impersonate another person (including celebrities), indicate that you are an Ludia employee or a representative of Ludia, or attempt to mislead users by indicating that you represent Ludia or any of Ludia's partners or affiliates.

• - Attempt to get a password, other account information, or other private information from any other user on Ludia web sites. Remember: Ludia employees will NEVER ask for your password. Don't give your password, reminder words, or billing information out to anyone.

• - Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software

• - Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.

• - Improperly use in game support or complaint buttons or make false reports to Ludia staff members.

• - You may not modify any part of  Ludia web sites that Ludia does not specifically authorize you to modify.

• - You must obey all applicable laws, regulations and rules wherever you use Ludia web sites. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse.  The laws that apply in the offline world must be obeyed online as well.  We have zero tolerance for illegal behavior.  We will cooperate with law enforcement in such matters.

• - You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running Ludia web sites.

• - You will not exploit any bug in Ludia web sites or in any Ludia product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user(s).

• - You will not attempt to play your Ludia game on or through any service that is not controlled or authorized by Ludia.  You will not participate in any online service that provides online features or game play for your Ludia game that is not authorized by Ludia.

• - You will not do anything that interferes with the ability of other users to enjoy playing an Ludia game and using Ludia web sites, in accordance with its rules, or that materially increases the expense or difficulty of Ludia in maintaining Ludia web sites and games for the enjoyment of all its users.

If you encounter another user who is violating any of the Rules of Conduct described above, please report them by emailing report@ludia.com.

YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES.

THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEB SITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT ELECTRONIC ARTS MAY HAVE MADE.

Public Nature of Communications.
You acknowledge and agree that your communications with other users by any avenue of communication on Ludia web sites or games are public and not private communications, and that you have no expectation of privacy. You acknowledge that personal information that you may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on Ludia web sites or games. Ludia is not responsible for information that you choose to communicate to other users, or for the actions of other users.

Once you post or send any Content to Ludia web sites you expressly grant Ludia. The complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in Ludia's discretion, and without any notice or compensation to you of any kind and grant all licenses, consents and clearances to enable Ludia to use such Content for such purposes.  You waive, and agree not to assert any moral or similar rights you may have in such Content.

Commercial Activity and Unsolicited E-mail.
You may not advertise any goods or services on Ludia web sites or games. Chain letters and pyramid schemes are not allowed. You may not use Ludia web sites to collect information, including login names, about Ludia web site or game users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit Ludia web sites, or any games or services offered on Ludia web sites for any commercial purpose. Any violation of these provisions can subject your Ludia web usage to immediate termination (or result in revocation of Guest status, if you are a guest) and further legal action.

Use of Machines, Computers, Scripts.
The use of machines, computers, scripts or any automated system on Ludia web sites is strictly prohibited and may result in criminal liability. Ludia may terminate and permanently disqualify anyone who, in its sole discretion, determines as being in violation of these Terms of Use.  All decisions by Ludia are final.

Proprietary Rights; Copyrights and Trademarks.
Much of the Content available on Ludia web sites is owned by Ludia or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from Ludia web sites unless we have expressly authorized you to do so.

You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on Ludia web sites or games, unless Ludia expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on Ludia web sites or games can lead to the termination of your access to Ludia web sites and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless Ludia and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

Ludia respects the intellectual property rights of others. You may not upload or post on Ludia web sites any Content protected by copyright, trademark or other intellectual property rights (the “Intellectual Property Rights”) unless (i) you are the owner of the Intellectual Property Rights; or (ii) you have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable Content.  Ludia may, without prior notice to you, remove from any Content that Ludia in its sole business judgment believes may infringe the Intellectual Property Rights of a third party.  If you are a repeat infringer of a third party’s Intellectual Property Rights, Ludia may immediately terminate your access Ludia sites without prior notice to you.  No refund will be granted, and you will lose access to everything associated with your account (such as points, virtual property and tokens).

If you are a copyright owner and you believe that any Content posted on Ludia web sites infringes your rights, you may submit a written notification to us at our mailing address.

Ludia Software.
Ludia grants to you a non-exclusive, limited license to use Ludia Software to play games on your computer or on our Service. To the extent permitted under applicable law, you may not sub-license, or charge others to use or access Ludia Software. To the extent permitted under applicable law, you may not use Ludia Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Ludia Software. You may not modify Ludia Software or use it in any way not expressly authorized in writing by Ludia. You understand that Ludia’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Ludia may vary depending on your computer and other equipment.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER Ludia NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE Ludia SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

Ludia Software may be subject to Canadian export controls, and export controls of other jurisdictions. By downloading Ludia Software from Ludia, you warrant that you are not located in any country, or exporting Ludia Online Software to any person or place, to which Canada or any other jurisdiction has embargoed goods.

Export Control Laws.
You agree to abide by Canadian and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Ludia Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Ludia web sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

User’s Computer Information.
When you connect to Ludia web sites, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of Ludia Software. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.

Links to Third-Party Sites.
Ludia web sites and games may include hyperlinks to web sites operated by parties other than Ludia including advertisers and other content, service and billing providers. Those sites may collect data or solicit personal information from you. Ludia does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

Patches.
From time to time, Ludia may provide you with updates or modifications to the Software (“Patches”).  You understand that in order to continue using the Software and the Service, you must accept and install all Patches that you receive from Ludia.

4.  NEWSLETTERS, CONTESTS & SWEEPSTAKES
By subscribing to our newsletter(s), subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes.

5.  LIMITATIONS ON WARRANTY AND LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF LUDIA WEB SITES, LUDIA SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. LUDIA WEB SITES , LUDIA  SOFTWARE, LUDIA’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. LUDIA PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT LUDIA WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LUDIAOR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT LUDIA, ITS SUBSIDIARIES, LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF LUDIA SOFTWARE. IN NO CASE SHALL LUDIA OR ITS SUBSIDIARIES, LICENSORS, LICENSEES, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "LUDIA AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO LUDIAFOR THE SERVICE OR SOFTWARE. IN NO CASE SHALL LUDIA OR LUDIA AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF LUDIA WEB SITES, LUDIA SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH LUDIA WEBSITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, LUDIA’S AND LUDIA WEB SITE AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. LUDIA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH LUDIA WEB SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Notwithstanding the foregoing, nothing contained in this Agreement limits Ludia’s liability to you for fraudulent misrepresentations, death or personal injury caused by Ludia’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

6.  INDEMNIFICATION.
Upon request by Ludia, you agree to defend, indemnify and hold harmless Ludia and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any Content on Ludia web sites or games. Ludia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Ludia in that matter. This Section shall survive termination of this Agreement.

7.  OTHER LEGAL TERMS.
You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Ludia Terms of Use and the Ludia Privacy Policy, including Ludia’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Last revision 22 June 2009.