PuzzleNation • Terms and Conditions of Use

Welcome

Welcome to PuzzleNation.com (the “Site”). Please read the following Terms and Conditions of Use (the “Terms and Conditions”) carefully before using this Site.

PuzzleNation.com is owned and operated by Three Across, LLC d/b/a PuzzleNation (also referred to as “PuzzleNation,” “we” or “us”), a Connecticut limited liability company. “You” are the individual member using the Site and its content, and you are solely responsible for all activity on your account. You may not assign your obligations under these Terms and Conditions to any third party without our prior written consent. The headings of the following Terms and Conditions are listed for your convenience and reference only and are not intended to define or limit the scope of any of the provisions of these Terms and Conditions.

1. Agreement to be Bound by Terms and Conditions; Modification and Right to Request Cancellation

By using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. PuzzleNation reserves the right to modify the Terms and Conditions at any time, and you agree to periodically check these Terms and Conditions for new information that governs your use of the Site. If any material changes to the Terms and Conditions are not agreeable to you, you may request the cancellation of your subscription, which request will be approved by PuzzleNation if it determines in its sole discretion that the request is being made in good faith. If any request for cancellation as a result of a change in material terms is accepted by PuzzleNation, you will receive a refund of all prepaid fees for the time remaining on your subscription and your membership account will thereafter be terminated effective on the date any request for a refund is accepted. PuzzleNation will attempt to issue a refund within thirty (30) days of its acceptance of any cancellation or refund request. No refunds will be considered 30 days after any revision to the Terms and Conditions is posted on this Site. No refunds will be issued for terminated gift memberships.

2. Privacy Policy

Your acceptance of these Terms and Conditions indicates that you have also read and understood the PuzzleNation.com Privacy Policy. Please review the Policy carefully to understand the collection and use of your Personal Information in connection with this Site.

3. Subscribing & Purchasing Gift Memberships

When purchasing a subscription or gift membership, you agree to provide accurate information about yourself, including your name and a valid e-mail address. Your purchase signifies that you are at least eighteen (18) years of age or if you are not eighteen (18) years of age that you are: (a) at least thirteen (13) years of age; (b) you have received the consent of your parent or guardian to enter into a legally binding contract with respect to these Terms and Conditions and our Privacy Policy. (See our Privacy Policy with respect to how we verify that the consent of a parent or guardian has been received with respect to children at least 13 years of age and less than 18 years of age and our right to suspend or terminate your account if we determine that you are or may be between 13 and 18 years of age until we are able to verify that such consent has been granted.) If you provide any information that is deemed inaccurate or fraudulent, we have the right to suspend or terminate your account without notice.

You agree to pay the applicable fees for your purchase using a valid debit or credit card. You authorize PuzzleNation to make a one-time charge to your debit or credit card (for gift membership purchases), or to automatically bill your debit or credit card on each subscription-period renewal date (for self-subscriptions), until you cancel. Payments are billed in advance of the applicable subscription period. All transactions on this site will be conducted electronically.

PuzzleNation reserves the right to change our fees or billing methods at any time, upon at least thirty (30) days notice to members, which notice will be provided by revising these Terms and Conditions. If such a change is unacceptable to you, you may cancel your subscription at any time to discontinue the automatic recurring charge to your debit or credit card, and your account will remain fully active until the end of your current paid period.

Subscriptions and gift memberships are not transferable. Current prices: Yearly Subscription: $29.95; Monthly Subscription: $4.95; 1 Year Gift Membership: $29.95.

4. Free-Trial Period

Yearly and monthly subscriptions may begin with a 2-week free trial*. You may cancel at any time during this period and you will not be charged. If you do not cancel during the 2-week free trial, you will be charged at the end of the trial, in advance, for either the entire year (yearly subscription) or for the first month (monthly subscription). The start date of your subscription is the date of the first charge. Gift memberships do not have a free-trial period.

*Subscriptions purchased with a discount coupon or code are not eligible for the free trial.

PuzzleNation allows only one free trial per year, per customer. Upon any detected abuse of this free trial policy, we reserve the right in our sole discretion to immediately bill the customer for the full subscription price or to terminate the account.

You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur accessing the site, even during the free-trial period.

5. Promotional Discount Codes

The use of a promotional discount code provides a one-time discount off of the first charge of a recurring subscription. All recurring charges in that subscription will be at the full price.

6. Cancellation and Refunds

With limited exceptions, no refunds, in whole or in part, will be issued for subscriptions or gift memberships*. You may cancel a subscription at any time to discontinue the automatic recurring charge to your debit or credit card, and your account will remain fully active until the end of your current paid period.

*The only condition under which a refund of prepaid fees will be considered is upon an accepted request to cancel a subscription due to a material change to these Terms and Conditions, and only within 30 days of such material change, in accordance with Section 1 of these Terms and Conditions. This exception does not apply to gift memberships.

7. Member Benefits

Members receive full access to all puzzles and games on the site, in both 1-Player and 2-Player modes, the ability to save 1-Player games in progress, and full access to all of the Site’s community features, including buddies, member profiles, forums, mail, personalized leaderboards and activity feeds. Upon cancellation or expiration of a membership, a member’s profile, buddies, scores and other community information will be retained for one year, and will be available upon renewal of the account.

8. Availability of Puzzle Content

Upon becoming a member, you will have access to hundreds of unique puzzles for every 1-Player and 2-Player game on the site. New content for each type is added on a regular basis. Note that we cannot guarantee a limitless supply of any given puzzle for any individual member. While we consider it unlikely, it is possible that, based on the frequency and length of your sessions, and the rate at which you complete or discard content, you may run out of new puzzles before our next refresh date.

9. Username and Password

Your username and password are specific to you and are tied to your account. Under no circumstances should you allow others to use your username and password combination. If someone obtains your username and password to enter the Site, you will be held responsible for any conduct by them that violates these Terms and Conditions or is illegal.

If you suspect that someone has obtained your password, you should change it immediately on your “My Account” page and you should further report your suspicion to us at: customerservice@puzzlenation.com. Usernames are permanent in the PuzzleNation community.

10. E-mail Communications

The e-mail address that you provide is where communications regarding your account will be sent. If this address should change, it is your responsibility to update it immediately on your “My Account” page. If you do not update it, we can assume no responsibility for missed communications.

11. Rules of Conduct

You are responsible for all activities that occur on this Site that are conducted under your account. You are subject to the rules below, and to all related local, state and federal laws and regulations, and you agree to abide by them. Failure to comply with these rules may result in disciplinary action to be determined by us in our sole discretion, including but not limited to the suspension or termination of your account and, where appropriate, the involvement of law enforcement.

You violate the Rules of Conduct if you:

Engage in any activity or communication that constitutes cheating and that gives you or others an unfair competitive advantage on the Site leaderboards, as defined in our sole discretion; Are libelous, defamatory, racist, sexist, indecent or offensive, as determined by us in our sole discretion, in any text or images you post on the site, including your choice of username and profile image; Harass, threaten, spam, or direct any other unwanted attention toward another member; Participate in the transmission of unsolicited messages, including spamming and phishing; Mail or post messages for any purpose other than personal communication, including advertising or any other commercial pursuit; Attempt to get or transmit a password, account information, or any other private information of another member; Impersonate another real person, member or non-member; Modify, impair or interfere with any features or functions of this Site and its games; Upload or otherwise transmit any file that contains a virus or other malicious code; Engage in or encourage hacking or any other illegal activity; Improperly use on-site support links or phone numbers to make false reports to the PuzzleNation staff; Engage in any activity that harms or may harm the PuzzleNation website or adversely affects or may adversely affect our brand name and/or reputation, as determined by us in our sole discretion; Allow anyone else to use your membership account or otherwise impersonate you on the Site; or Are otherwise in material breach of these Terms and Conditions.

We reserve the right, in our sole discretion, to remove any content that is objectionable to us for any reason. Views or opinions expressed by the Site’s members or users are the views or opinions of those members or users alone, and they should not be considered or interpreted as reflecting the views of the owners and operators of this Site. We do not assume any responsibility or liability for content that is generated by a third party or for any failure to, or delay in, removing such content.

If you encounter another member violating the Rules of Conduct, please contact us immediately at: customerservice@puzzlenation.com.

12. International Usage

PuzzleNation.com has been developed within, and is controlled and operated by, its offices within the United States. We make no representation that the Site is compliant with statutes that may be required in other locations outside of the United States. If you choose to access the Site from other locations, you are responsible for compliance with local laws.

13. Limited Non-Commercial License to Use Site & Applications

This Site is limited to personal, non-commercial uses by you. Any rights that are not expressly granted to you are reserved to PuzzleNation. Unless you have written consent from PuzzleNation, you may not alter any content on the Site. You may not link to any Site content in any manner, or post any editorial comment, commercial material, or any other information, on or in proximity to Site content. Personal, non-commercial comments that comply with the Site’s Rules of Conduct are permitted in the Site forums.

14. Copyrights & Trademarks; Digital Millennium Copyright Act Notice

This Site is the copyright of Three Across, LLC – all rights reserved. The content contained on this Site is the copyright of Three Across, LLC – all rights reserved – except to the extent that you or any other user has posted their own independently created content to this Site (which independently created content shall not include the answers to any of the puzzles on this Site). No ownership rights to this Site will be assigned to you. Any disputes between you and us as to the ownership of any content that you posted on this Site will be resolved by us to the extent that we are able to determine ownership, otherwise the ownership shall be determined by a court of competent jurisdiction applying Connecticut law. Copyright infringement is prohibited and will not be tolerated. If it is deemed that you have engaged in any copyright or other intellectual property infringement, we will terminate your access to the Site and invoke any and all civil and criminal penalties allowable under the law.

If you are a copyright owner or an agent thereof and believe that any use of text or images posted on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an e-mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is:

Christine Begley
Copyright Agent
c/o Three Across, LLC
6 Prowitt Street
Norwalk, CT 06855
copyrightagent@puzzlenation.com

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through: customerservice@puzzlenation.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

If you posted any material that was removed pursuant to this Section and believe that the material removed was not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and, if available, an e-mail address, plus a statement that you consent to the jurisdiction of the federal courts of Connecticut and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, in our sole discretion.

15. Links to Third-Party Sites

Advertising on PuzzleNation may include hyperlinks to web sites operated by third parties. Those sites may collect data or solicit personal information from you. We do not control such web sites and are not responsible for their content, privacy policies, or for the collection, use, or disclosure of any information these sites may collect.

16. Release and Indemnity

By visiting or by using this site, you agree to indemnify and hold harmless PuzzleNation and its affiliates, employees, contractors, officers, directors, vendors and content providers, and release them from all legal liability of any kind, from all liabilities, claims and expenses and/or damages, including attorneys’ fees, that may arise out of or relate to your conduct, or the conduct of any other third party user, while on this Site. Under no conditions will our liability ever exceed the fees that you have paid to us.

17. Assumption of Risks; No Warranties or Representations

You assume all risks that your use of PuzzleNation.com will be suitable and applicable to your needs. Access to PuzzleNation is provided on an “As Is” and “As Available” basis for your use, with no warranty, representation, or guarantee of service of any kind, including but not limited to the warranties of accuracy, systems integration, quality, title and non-infringement and any representations regarding the truthfulness or completeness of any content contained on this Site, at any time or location. Service may be interrupted by geographical location or by technical problems out of our control. You are solely responsible for any damage caused to your computer, or any loss of data. You acknowledge and agree that your sole remedy for any dispute with PuzzleNation is to cancel your account, and that under no conditions will our liability ever exceed the fees that you have paid to us.

18. Minimum System Requirements

PuzzleNation.com and its puzzles and games are intended for online use, and the following minimum system requirements are recommended for adequate performance:

PC browsers: Internet Explorer 7, Firefox 3.6, Chrome (current)
Mac browsers: Safari 4, Firefox 3.6, Chrome (current)
Adobe Flash Player 10.1

*Note that for Mac PowerPC, Safari is the recommended browser for accessing the Site.

Regardless of the browser used, cookies must be enabled.

These minimum requirements cannot guarantee satisfactory performance for every game available, on every individual user’s computer configuration. If you are concerned that your computer may be too old or slow to provide satisfactory performance, please try the sample puzzles available before subscribing.

Note that the Site and games are not designed to be accessed or played via phone or any other portable device.

19. Promotions

We may, from time to time, have competitions, prize drawings or other promotions on this Site (collectively, the “Promotions”). The Promotions may be subject to additional terms and conditions that will be made known to you in addition to these Terms and Conditions.

20. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Connecticut. Any disputes arising from matters relating to your use of this Site shall be subject to the exclusive jurisdiction of the state and federal courts of Fairfield County, Connecticut and you hereby consent to the jurisdiction of such courts.

21. Severability

If any of these Terms and Conditions should be determined to be illegal, invalid or unenforceable by any reviewing court of competent jurisdiction, such illegal, invalid or unenforceable terms shall be severed and deleted from these Terms and Conditions, only within the jurisdiction of such reviewing court, and the remaining provisions of these Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable to the maximum extent permitted by law.

22. Entire Agreement

These Terms and Conditions, as may be amended from time to time, constitute the entire agreement between you and PuzzleNation with respect to your use of this Site, and they supersede any and all prior or contemporaneous agreements and communications, whether oral or written, with respect to their subject matter.

23. Successors and Assigns

These Terms and Conditions will inure to the benefit of any of our successors and assigns and will be binding on you and your heirs, executors, administrators, and other personal representatives.

24. No Waiver

No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

25. Rights Reserved

Any rights not expressly granted to you by these Terms and Conditions are hereby reserved to PuzzleNation.