Before using any Egret & Reed products, services, or websites, please read these Terms of Service (these "Terms") carefully. By using this website and its affiliated sites, you agree that these Terms constitute a legally binding agreement made between you ("User", "you" or "your"), whether personally or on behalf of an entity, and Egret & Reed, a sole proprietorship established in California, United States ("Egret & Reed", "we", "us", or "our") (together, the "Parties"). A User is a person who visits an Egret & Reed website, plays our web games, creates an account, or enters into a contract with us. We provide a web-based platform for learning and playing mahjong (the "Platform"). These Terms govern your access to and use of our websites and Platform, including egretandreed.com, as well as any other media form, media channel, mobile website, or mobile application that is linked or otherwise connected to them (collectively, this "Site").
YOU AGREE THAT BY ACCESSING THIS SITE OR PLATFORM, YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE AND MUST DISCONTINUE USE IMMEDIATELY.
THE PLATFORM IS INTENDED FOR USERS WHO ARE AT LEAST SIXTEEN (16) YEARS OLD. IF YOU ARE UNDER THIS AGE YOU MAY NOT REGISTER OR USE THIS SITE, AND WE DO NOT KNOWINGLY COLLECT INFORMATION FROM ANYONE BELOW IT. IF YOU ARE UNDER THE AGE OF MAJORITY WHERE YOU LIVE, YOUR PARENT OR LEGAL GUARDIAN MUST REVIEW AND CONSENT TO THESE TERMS ON YOUR BEHALF.
Supplemental terms, policies, procedures, or documents posted on this Site from time to time are expressly incorporated by reference. We reserve the right, in our sole discretion, to change or modify these Terms at any time and for any reason. We will alert you to material changes by updating the "Last updated" date above, and where a change materially affects what you may do here or what you are charged, we will also give notice in the app before it takes effect. You are responsible for periodically reviewing these Terms, and your continued use of the Site after a revision is posted constitutes acceptance of it.
Information collected through your use of the Site and Platform is governed by our Privacy Policy, which describes what is collected, where it is held, who else handles it, and how to have it deleted.
Unless otherwise indicated, the Site and Platform are our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, illustrations, tile artwork, course material, and graphics on the Site (collectively, the "Content"), together with the trademarks, service marks, and logos contained therein (the "Marks"), including the Reed Card, are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws of the United States, foreign jurisdictions, and international conventions.
Provided you are eligible to use the Site, you are granted a non-exclusive, limited, non-sublicensable, and non-transferable licence to access and use the Site and Platform, and to download or print a copy of Content to which you have properly gained access, solely for your personal, non-commercial use. This licence expressly permits you to print the Reed Card for play at your own table and to teach from it. Except as expressly provided, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. We reserve all rights not expressly granted.
The National Mah Jongg League's card is the property of the National Mah Jongg League and is not ours to license. Where we refer to it, we do so for the purpose of instruction; you require your own copy from the League in order to play to it.
By using the Site and Platform, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms; (2) you are at least sixteen (16) years old and are not a minor in the jurisdiction in which you reside, or your parent or legal guardian has consented on your behalf; (3) the registration information you provide is accurate and true, and your account will not be used by a third party; (4) your use of the Site and Platform will not violate any applicable law, regulation, or these Terms; and (5) if you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Site.
Your account holds your lessons, points, streak, chips, and the tile set you play with. You are responsible for keeping your password confidential, or for keeping secure the third-party account you use to sign in. Notify us promptly if you believe your account has been accessed by someone else.
You may delete your account at any time by writing to us; your progress is deleted with it. We may suspend or close an account used to harass others, to cheat, or to breach these Terms.
You may not access or use the Site or Platform for any purpose other than that for which we make them available. Specifically, you agree that: (1) you will not access the Site through automated or non-human means, including bots, scripts, or other automation tools; (2) you will not use the Site for any illegal or unauthorised purpose; (3) you will not remove or circumvent any technical or protection measure on the Site or Platform; (4) you will not, without prior written consent, use any robot, spider, scraper, deep link, or other automated data gathering or extraction tool, program, algorithm, or methodology to access, acquire, copy, or monitor any portion of the Site or Platform, including User accounts, User data, tile artwork, or course material, for any purpose, including commercial purposes such as training machine learning or artificial intelligence models; (5) you will not use the Site or Platform in connection with any commercial endeavour unless specifically endorsed or approved by us; and (6) you will not interfere with, disrupt, or place an undue burden on the Site, the Platform, or the networks connected to them.
Bots are always labelled as bots. Points, streaks, and milestones exist so that Users may place trust in one another; manipulating or falsifying them is a breach of these Terms and may result in closure of your account.
You should be aware of how private tables presently operate. The game state is held in each player's browser, which means a User willing to inspect their own browser may obtain information that fair play would not disclose. We are working to move authoritative game state to a server so that this is no longer possible. Until that work is complete, you should treat a private table as a game among people you trust, and treat the invitation link as the means by which a table remains private.
The courses, practice against computer opponents, and joining a table opened by another User are provided free of charge, and we intend that they remain so.
Certain features and goods are offered for a fee. Where they are, the price and what it includes are displayed before you pay. Payment is processed by a third-party payment provider; we do not receive, hold, or store your payment card details. All prices are in United States dollars unless stated otherwise, and you are responsible for any applicable taxes.
Memberships. You may cancel a membership at any time. Cancellation prevents further renewal; access continues until the end of the period already paid for, and we do not provide refunds for any unused portion of a period. A yearly membership that is cancelled will not renew.
Printed goods. Cards, tiles, mats, and other physical goods are sold as final sale. They are not returnable and are not refundable.
THE FOREGOING DOES NOT APPLY WHERE GOODS ARRIVE DAMAGED, DO NOT ARRIVE, OR DO NOT CONFORM TO THEIR DESCRIPTION, OR WHERE A PAID FEATURE DOES NOT PERFORM AS DESCRIBED. IN THOSE CIRCUMSTANCES WE WILL REPLACE OR REFUND THE ITEM. NOTHING IN THESE TERMS LIMITS ANY NON-WAIVABLE STATUTORY RIGHT OF CANCELLATION, RETURN, OR REFUND AVAILABLE TO YOU UNDER THE LAW OF YOUR JURISDICTION.
You acknowledge and agree that any questions, comments, suggestions, ideas, or other feedback regarding the Site or Platform ("Submissions") provided by you to us are non-confidential and become our sole property. We own all rights, including intellectual property rights, and are entitled to unrestricted use and dissemination of Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You warrant that any Submission is original to you or that you have the right to submit it.
If you are a copyright owner or an authorised agent and believe material on the Site infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act by providing us in writing with: (1) a physical or electronic signature of a person authorised to act on behalf of the owner of the right allegedly infringed; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing, with information sufficient to permit us to locate it; (4) contact information at which we may reach you; (5) a statement of your good faith belief that the use is not authorised by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in your notification is accurate and that you are authorised to act on behalf of the owner. Send notifications to letsplay@egretandreed.com. On receiving a valid notification we will take appropriate action, which may include removing the material. We recommend consulting a legal adviser before filing a notice or counter-notice.
We reserve the right, but not the obligation, to: (1) monitor the Site and Platform for breaches of these Terms; (2) take appropriate legal action against any User who, in our sole discretion, breaches the law or these Terms, including reporting them to law enforcement; (3) refuse, restrict access to, or limit the availability of any User content or account; and (4) otherwise manage the Site and Platform in a manner designed to protect our rights and property and to facilitate proper functioning.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE OR PLATFORM TO ANY PERSON FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT AND DELETE CONTENT OR INFORMATION ASSOCIATED WITH IT.
Where we suspend or close your account, we will tell you why unless prevented by law. If your account is closed for breach, you may not register a further account under your own name, a false name, or the name of a third party. Where you have paid for a membership and we close your account other than for breach of these Terms, we will refund the unused portion of the period you have paid for.
We reserve the right to change, modify, or remove the contents of the Site and Platform at any time and for any reason, and to modify or discontinue any part of them. We cannot guarantee that the Site or Platform will be available at all times: we may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. Game play depends additionally on third-party servers and on the connections between players' homes. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site or Platform during any downtime or discontinuance.
These Terms and your use of the Site and Platform are governed by and construed under the laws of the State of California, applicable to agreements made and to be entirely performed within California, without regard to its conflict of law principles.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If the Parties are unable to resolve a dispute through informal, good-faith negotiation, the dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. Arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes, both available at adr.org. Your arbitration fees and share of arbitrator compensation shall be governed by, and where applicable limited by, the AAA Consumer Rules. Arbitration may be conducted in person, by submission of documents, by telephone, or online. Except where otherwise required, the arbitration will take place in California. If for any reason a dispute proceeds in court rather than arbitration, it shall be brought in the state or federal courts located in California, and the Parties consent to jurisdiction and venue there.
THE PARTIES AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN THEM INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO USE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
The following disputes are not subject to binding arbitration: (a) disputes seeking to enforce or protect, or concerning the validity of, either Party's intellectual property rights; (b) disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) claims for injunctive relief.
Residents of the European Union. If you reside in the EU you may be entitled to submit a complaint to the European Commission's Online Dispute Resolution platform, and nothing in this section deprives you of the right to bring proceedings in the courts of your country of residence where the law so provides.
Residents elsewhere. If you reside outside the European Union and the United States, alternative dispute resolution services may be available through the relevant authorities in your country. Please consult your local consumer protection agency.
There may be information on the Site or Platform containing typographical errors, inaccuracies, or omissions, including in descriptions, pricing, and availability. We reserve the right to correct any such errors and to update information at any time without prior notice.
THE SITE AND PLATFORM ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND PLATFORM AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR OF ANY SITE LINKED TO IT, AND WE ASSUME NO LIABILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR PLATFORM; (5) ANY BUGS, VIRUSES, OR SIMILAR WHICH MAY BE TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY; OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE OR PLATFORM.
GATHERINGS ARRANGED BETWEEN USERS, WHETHER ONLINE OR IN PERSON, ARE NOT ORGANISED, SUPERVISED, OR VETTED BY US. WE MAKE NO REPRESENTATION AS TO THE CONDUCT OR IDENTITY OF ANY USER AND ACCEPT NO RESPONSIBILITY FOR WHAT OCCURS AT ANY GATHERING WE DID NOT ARRANGE. VIDEO AND AUDIO AT A TABLE TRAVEL DIRECTLY BETWEEN USERS AND DO NOT PASS THROUGH US; WE CANNOT VIEW, RECORD, OR MODERATE THEM. YOU MUST NOT RECORD ANY USER WITHOUT THEIR CONSENT.
IN NO EVENT WILL WE OR OUR CONTRACTORS, SUPPLIERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, IN THE TWELVE MONTHS PRECEDING THE CLAIM.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. THE ABOVE DOES NOT AFFECT YOUR STATUTORY RIGHTS AND DOES NOT APPLY TO LIABILITY ARISING FROM (I) FRAUD OR DECEIT, (II) GROSS NEGLIGENCE, (III) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR (IV) WILFUL MISCONDUCT.
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party arising out of: (1) your use of the Site and Platform; (2) your breach of these Terms; (3) any breach of your representations and warranties set out in these Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any harmful act toward another User with whom you connected via the Site or Platform. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with that defence. We will use reasonable efforts to notify you of any such claim on becoming aware of it.
We maintain certain data that you transmit to the Site and Platform in order to manage its performance, as well as data relating to your use of it. Although we perform routine backups, you are responsible for all data you transmit or that relates to activity you undertake using the Site. You agree that we have no liability to you for any loss or corruption of such data.
Visiting the Site, sending us email, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that they be in writing. You consent to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of notices, policies, and records of transactions.
Under California Civil Code Section 1789.3, California users are entitled to the following notice: if a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms, together with any policies or operating rules posted by us, constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision does not operate as a waiver of it. These Terms operate to the fullest extent permissible by law. We may assign our rights and obligations to others at any time. We are not responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision is determined to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms. You agree that these Terms will not be construed against us by virtue of our having drafted them.
To resolve a complaint or request further information, contact us at letsplay@egretandreed.com.
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