IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS OR RELATING TO HARBOR CREW SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, please review Section 10. Please read these Terms of Service and Our Privacy Policy carefully before using Harbor Crew Services. Whenever you use Our “Services” (which include all of Our websites, games, and mobile apps), you agree to be bound by all of the terms and conditions of these Terms of Service and Our Privacy Policy. If you don’t agree to all these Terms, you must not use Our Services. References to “Harbor Crew,” “Us,” “We,” or “Our” means Harbor Crew LLC. In all cases, “Harbor Crew,” “Us,” “We,” and Our includes Our agents, consultants, employees, officers and directors.

1. 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 Services (such as through in-game notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. 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. If you have a dispute with Us, the version of the Terms or the Privacy Policy in effect at the time We 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, or agree to only portions of the Terms or Privacy Policy, unless both you and Harbor Crew sign a written amendment.

2. ACCOUNT INFORMATION AND SECURITY

You may not download or access Our Services if you are under 13 years of age. If We learn that you are under 13 years of age and are using Our Services, We will immediately delete your account and all personal information We have related to your account. If you are between the ages of 13 and 17, or under the age of majority where you live, you may not access Our Services unless your parent or legal guardian has reviewed and agreed to these Terms. In addition, you are not allowed to access Our Services if 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, if you are a convicted sex offender, or if you have previously been banned from using or accessing Our Services. If you are eligible to create an account with Us per the above, you may create an account by providing Us a username and/or email address and a password, or by creating an account through third party social networks or services with whom you maintain an account (“Login Information”). Please do not share your account or your Login Information with anyone, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, loss of in-app purchases or other in-game items, or other changes to your account and/or Services status, whether or not authorized by you. We will not be responsible for anything that happens through or to your account and/or Services status as a result of you allowing any third party to access your Login Information and/or account. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

3. PRIVACY

Our Privacy Policy sets out detailed information regarding Our collection, use and sharing of information from and about you. When you download or use Our Services, you acknowledge and accept that the Privacy Policy applies to you. You should carefully review the Privacy Policy and, if you do not agree with it, you should not use Our Services.

4. OWNERSHIP; LIMITED LICENSE

Our Services are comprised of works owned by Harbor Crew, and they are protected by copyright, trademark, trade dress, patent and other US and non-US intellectual property and other applicable laws, rules or regulations. We own, have licensed, or otherwise have rights to use all of the content that appears in Our Services. These Terms do not grant you or any other party any right, title or interest in Our Services or any content in Our Services. As long as you abide by these Terms, and as long as you are eligible to create an account with Us and access Our Services, then We grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use Our Services for your own non-commercial entertainment purposes. You agree not to use Our Services for any other purpose. Except for the limited license granted herein, We and Our licensors retain all right, title and interest in and to Our Services, including all content made available through Our Services and the technology and software used to provide Our Services. Our Services are protected by copyright, trademark and other laws. If you violate these Terms, you may be breaking the law, including by violating Our intellectual property rights. We and Our licensors may actively protect Our intellectual property rights in the event you violate these Terms. In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from Us. If you provide Us with any suggestions for enhancement or feedback regarding Our Services, you agree that We will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in Our Services, without any obligation to compensate you.

If you use or access Our Services, you further agree to comply with the following requirements when you use or access Our Services:

  1. You will not attempt to gain unauthorized access to Our Services;
  2. You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from where you access Our Services, including any terms regarding payment for In-App Purchases made through such platforms;
  3. You will not harass, threaten or bully any other user, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person;
  4. You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior;
  5. You will not use Our Services for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation;
  6. You will not attempt to obtain Login Information or access another user’s account, or collect or harvest personal information from other users;
  7. You will not exploit, distribute or publicly inform other users of any Services error, miscue or bug, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology;
  8. You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with Our Services;
  9. You will not to disrupt or attempt to disrupt Our Services;
  10. You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from Our Services;
  11. You will not exploit differences in pricing for In-App Purchases or in-game items (e.g., through arbitrage);
  12. You will not make any automated use of Our Services;
  13. You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl Our Services;
  14. You will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for Our Services; and
  15. You will not copy, modify or distribute content from Our Services except as specifically authorized by Us.

If you fail to comply with these restriction, We may suspend or terminate your account and access to Our Services.
Please be aware that you do not own the account that you create on Our Services, including in Our games, and your account is not your property. This also applies to other stuff, like in-game currency or items, regardless of whether you “earned” those items in a game or “purchased” them. Your account and any related items are owned by Harbor Crew. Harbor Crew gives you a limited license to use your account and the related items while We offer the Services.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-GAME ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-GAME ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY. WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS. You are not allowed to transfer virtual items outside of Our Services (i.e., in the “real world”), for example by selling, gifting, or trading them. We do not recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell in-game virtual items for "real" money, or exchange virtual items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and We may terminate your account because of it.

5. USER CONTENT

If you transmit or upload User Content on Our Services, you agree that it will be accurate; not confidential; not in violation of the law; not in violation of contractual restrictions or other parties’ rights, and that you have permission from any other party whose personal or other information or intellectual property is contained within the User Content; and free of viruses, adware, spyware, worms or other malicious code. Your User Content will be processed by Us in accordance with Our Privacy Policy. You own your User Content, but you give Us a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, license to use your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). If you request deletion of your User Content, We will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in Our systems. However, User Content may persist in Our systems, including back-up copies. We may also retain copies of User Content if We are legally required to do so. When you post your observations and comments on the Service such as in forums, blogs and chat features, We cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. WE ARE NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

6. INTERACTING WITH OTHER USERS

You are responsible for your interactions with other players. If you have a problem with another player, We are not required to get involved, but We can if We desire. If you have a dispute with another player, you release Harbor Crew and its officers, directors, agents, subsidiaries, joint ventures, and employees, and Our affiliates from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use or data. If you live in California, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.

7. THIRD PARTY ADVERTISING

Our Services (including 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 Services (including Our games) to other companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services 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 Services or games. Also, just because We allow a link to be included in Our games or Services 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.

8. LIMITATIONS

OUR SERVICES ARE PROVIDED "AS IS," AND USE OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICES OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH OUR SERVICES, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE OUR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL ACTS OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR OUR SERVICES DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR MOBILE PLATFORM PROVIDERS OR OTHER USERS OF OUR SERVICES. Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.

9. INDEMNITY

If you use or misuse Our Services, 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 Us or any of Our affiliates, you agree to indemnify, defend and hold harmless Harbor Crew and/or Our affiliates (which means you agree to compensate Us and/or the Our affiliates on a "dollar for dollar" basis) for that loss, damage, claim or liability, including compensating Us and/or Our applicable affiliate for Our legal fees or expenses. If Harbor Crew or Our affiliates want to, We are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse Us, and it will be at your expense. You also have to cooperate in Our and Our affiliates’ defense of these cases. We will use reasonable efforts to let you know if We learn of any claim on which you have to compensate or reimburse Us. This will apply even if you stop using the Services or your account is deleted.

10. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS. If you are having a problem with the Services, before bringing a formal legal case, first contact Our Customer Support team by emailing them support@harborcrew.com to address your issue. Most disputes can be resolved that way. If We can’t resolve Our dispute through Customer Service, you and Harbor Crew agree to resolve any claims relating to the Terms and the Privacy Policy through final and binding arbitration. This applies to all kinds of claims under any legal theory. It also applies even after you stopped using your account or deleted it. An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so We are all giving up Our right to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court. They are less formal than lawsuits in courts, and provide limited opportunity to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any of Us does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If We have a dispute about whether this agreement to arbitrate can be enforced or applies to Our dispute, We all agree that the arbitrator will decide that, too. In addition, if you or Harbor Crew brings a claim in court that should be arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated, the other of Us can ask a court to force Us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Harbor Crew may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing. The American Arbitration Association (“AAA”) will run the arbitration between you and Harbor Crew, and AAA’s then-current rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes) will be used. If something in these Terms is different than AAA’s rules and procedures, then We will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879. To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call them at 1-800-778-7879. In addition, We all agree that We can only bring a claim against each other on an individual basis. This means that neither you nor Harbor Crew can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action. The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless We both agree to change this). The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Zynga players, and cannot be used to decide other disputes with other users. If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 10 (Agreement to Arbitrate and Class Action Waiver) will be null and void (i.e., go away). But, the rest of the Terms and Privacy Policy will still apply. We will give you 60-days’ notice by email or through the Service if We change Section 10 on Our Agreement to Arbitrate and Class Action Waiver.
For EU Users
In the event of any controversy or claim arising out of or relating to this Agreement, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 30 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of Harbor Crew.
Service of Process
To initiate arbitration or any legal proceeding against Harbor Crew, please serve initiating documents by emailing Us copies of the documents at support@harborcrew.com.

11. APPLICABLE LAW

For Users other than EU Users
You agree that these Terms shall be deemed to have been made and executed in the State of California, U.S.A. and that any dispute arising under the Terms, as well as any other dispute or claim that may arise between you and Us, shall be governed by and resolved in accordance with the laws of the State of California, without regard to conflict of law provisions or principals. For claims not required to be arbitrated under Section 10, or in the event the arbitration provision in Section 10 is deemed unenforceable or voided, you agree that any claim asserted in any legal proceeding by you against Us shall be commenced and maintained exclusively in any state or federal court located in Santa Clara County, California having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising between Us, the prevailing party will be entitled to attorneys’ fees and expenses.
For EU Users
You agree that these Terms shall be governed by the laws of England, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of England provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail. In any dispute arising between Us, the prevailing party will be entitled to attorneys’ fees and expenses.

12. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Harbor Crew responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When We receive a valid DMCA notification, We may expeditiously take down the offending content. On taking down content under the DMCA, We will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, We generally restore the content in question, unless We receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.
To Submit a Notice: If you believe that in-Game content infringes on your copyright, you must submit a written notification to Harbor Crew either by email or written letter (regular mail or courier). The Notice must include the following:

  1. An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
  2. A description of the nature and exact location of the content you claim infringes your copyright;
  3. Your name, address, telephone number, and email address;
  4. Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  5. A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /Jane Doe/).
Send the written Notice to the designated Copyright Agent at Harbor Crew by emailing Us at support@harborcrew.com or by sending the Notice to: Harbor Crew LLC Attn: Designated Copyright Agent 135 Commonwealth Drive Menlo Park, CA 94025
To Submit a Counter Notice:
Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from Harbor Crew, or have been otherwise advised by Harbor Crew that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.

13. MISCELLANEOUS

Except as otherwise expressly set forth in these Terms, in the event that any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms shall remain in full force and effect. These Terms constitute and contain the entire agreement between you and Us with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms. If We provide a translated version of these Terms or any other terms or policy incorporated or referenced in these Terms, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies. If We do not enforce a provision of these Terms, that does not waive Our right to do so later. And, if We do expressly waive a provision of these Terms, 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. We are subject to existing laws and legal process, and We may comply with law enforcement or regulatory requests or requirements notwithstanding any term to the contrary in these Terms. We may notify you via postings on www.harborcrew.com, or via e-mail or via any other contact information you provide to Us. All notices given by you or required from you under these Terms or Privacy Policy shall be in writing and addressed to: Harbor Crew LLC and sent to: support@harborcrew.com. Any notices that you provide that do not comply with these requirements shall have no legal effect. We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Harbor Crew, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Harbor Crew’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

© Harbor Crew LLC, 2017. All Rights Reserved.