Exclusive Puzzle Service Agreement

This Service Agreement (“Agreement”) is hereby entered into between any legal entity or individual who pays for the Exclusive Puzzle Service (“Customer”) and the I’m a Puzzle website (“Provider”) legally represented by its sole owner Bruno Marotta.

The Provider provides online puzzle video games available through its website under the URL address “https://im-a-puzzle.com/” (“Website”).

The Provider agrees to provide the Customer a separate section (“Exclusive Puzzle Section or Section”) inside the Website as described in this Agreement.

During the Term of this Agreement, links to puzzle games (“Puzzle Link”) created by the Customer will be redirected to the Customer’s Section. The puzzle games can be played by any person with access to the Internet via a Compatible Web Browser who receives the Puzzle Link.

Service Description

The service is composed of two phases: the Setup Phase and the Gaming Phase.

Setup Phase

In the Setup Phase, the Provider sets up a separate Section in the Website for hosting the Exclusive Puzzle games.

First the Provider requests from the Customer several information needed to setup the Section (e.g.: page title, logo images, and e-mail addresses). One or more e-mail addresses are needed to grant access to the Customer’s Account. The e-mail addresses must all be linked to either a Google Account or Facebook Account.

Once all information is provided by the Customer, the provider sets up the Section. The Section setup can take up 5 business days after all information is received. The Provider informs to the Customer the completion of the Setup Phase via e-mail.

Gaming Phase

During the Gaming Phase, the Customer can create and share puzzle games to be played in its Section.

The creation of an Exclusive Puzzle game is done using one of the e-mail addresses registered during the Setup Phase. At the end of the creation process, the Customer receives an unique Puzzle Link to distribute to its audience.

Exclusive Puzzle differs from the other Website’s puzzle games by following features:

• The game play and game over pages are rebranded with the Customer’s name and logo.
• No advertisement, partner banners, or links are displayed neither before the game start (loading page) nor when the game ends (game over page).
• All the game helpers are disabled (e.g.: display the picture preview, display a translucent picture on the game board, automatically solve the entire puzzle of parts of it, display numbers indicating the placement of the pieces, etc.).
• Embedding the games in a third-party website via the iframe HTML tag is allowed.
• The Home button in the game play and game over pages redirects the player to an URL specified by the Customer. If no URL is specified, the Home button is hidden.
• At the end of the game, no game suggestions is shown to the player.

The Provider might still display advertisements on all the other pages and sections of the Website. Therefore, if an Exclusive Puzzle player decides to enter the main page of the Website and play other games, he/she will see third-party advertisements and this doesn’t constitute an infringement of this Agreement.

Online Sharing through Third Party Services

The Customer might share the Exclusive Puzzle through third party websites, blogs, or social media (“Third Party Services”). When sharing the Exclusive Puzzle through Third Party Services the Customer shall continue to comply with all provisions of this Agreement.

It is the Customer’s sole responsibility to check and comply with the terms of services from the Third Party Services and to the laws and regulations applicable to the usage and sharing of the Exclusive Puzzle.

Availability of the Exclusive Puzzle (SLA)

During the Term of this Agreement, the Provider commits to maintain at least 99.5% monthly uptime.

The Provider is entitled to upgrade or update the Website, carry out maintenance work, and troubleshooting measures at any time, as long as the essential functionalities of the Exclusive Puzzle and its availability are not affected.

The Exclusive Puzzle shall only be deemed as unavailable if (i) essential functions cannot be used and (ii) this cannot be attributed to (a) troubleshooting measures, (b) faults or failures caused by third-party providers such as Internet Hosting providers or (c) circumstances beyond the direct sphere of influence of the Provider such as local or global Internet unavailability or force majeure.

The Customer must inform the Provider immediately about faults or failures.

Web Browser Compatibility

The Provider guarantees that the Exclusive Puzzle will work without major flaws on the following Web Browsers:

The Provider doesn’t guarantee that the iframe embedded Exclusive Puzzle game will run without faults on browsers running on iOS operational system.

Game statistics and Reporting

The Provider provides statistics about the number of puzzle played games (“Played Games”) in the Customer’s Exclusive Puzzle area. One Played Game is defined as one page-hit to a Customer Puzzle Link.

The Provider employs methods to prevent counting hits generated by web crawlers or other Internet bots. The Customer acknowledges that such methods are not infallible and serve only as a preventive measure.

The Provider provides Customer with Monthly Report via email detailing activities performed, including the number of Played Games in the past month.

The Provider provides Customer with near-time Game statistics via the “My Puzzles” section of the Website.

The Customer must inform the Provider immediately about unexpected or abnormal Played Games statistics.

Maximum Played Games per Month

The Fixed Fee grants the Customer a maximum number of Played Games per month (“Games Limit”).

For every and all Played Games above this limit in a month a Variable Fee will be charged.

The Games Limit is five thousand (5000) games per Month unless agreed in a separate contract.

Other Customer Obligations

The Customer must provide all the data necessary for the creation of the Exclusive Puzzle Section and puzzle games.

The Customer complies with and acknowledges that the “I’m a Puzzle Terms and Conditions of Use”, available at the URL https://im-a-puzzle.com/info/terms-and-conditions/, applies to this Agreement.

The Customer is responsible for all the use and safeguard of tokens or credentials issued by the Provider or third-party providers authorized by the Provider to access the Customer’s account and to create and manage the Exclusive Puzzle.

The Customer will promptly notify the Provider of any unauthorized access to the Customer’s Account. The Customer authorizes the Provider to take any action (including deactivating or blocking compromised accounts) as the Provider may deem appropriate in its sole discretion.

Term and Termination

This Agreement comes into force one (1) business day after the first deposit receipt (“Effective Start Date”) and lasts for one Contract Period.

The Contract Period spans for one (1) month unless agreed in a separate contract.

This Agreement is renewed for the same Contract Period unless either party provides written notice of its intent not to renew it. The written notice must be provided before the end of the aforementioned Contract Period.

Warranties and Disclaimers

The Provider must correct defects as soon as possible on economically reasonable terms. Defects are corrected at the discretion of the Provider.
The Customer shall support the Provider as reasonably required to remedy a defect. Otherwise, Provider is insofar released from its warranty obligations. Insignificant deviations or reductions in value and defects that cannot be reproduced do not constitute defects.

The Provider will take reasonable endeavors to protect the Exclusive Puzzle, but it cannot guarantee that it is completely safe against hacking or cheating. The Provider takes no responsibility for malicious usage of the services by other users, including fraudulent scores.

The Provider takes no responsibility for stolen, redistributed or misused Puzzle Links.

The above provisions along with the SLA constitute the Provider’s entire warranty obligations concerning this Agreement.

Payments

The Customer agrees to pay following fees.

Setup Fee – Charged in the first Contract Period only

Fixed Fee – Charged for every Contract Period.

Variable Fee – Charged monthly per Puzzle Game above the Games Limit.

The Customer must pay the Fixed Fee before the start of its respective Contract Period.

The Customer must pay the Variable Fee within thirty (30) days after receiving the Monthly Report.

Payments shall be executed exclusively via PayPal (https://paypal.com) unless agreed in a separate contract.

If the Customer decides to terminate the current Contract Period without prior notification or violates any terms of this agreement, no reimbursement will be made and full payment of the Variable Fee will be required.

Limitations and Exclusions of Liability

The Provider shall only be liable for damage or losses resulting from gross negligence or wrongful intent.

The Provider (together with all indemnified parties) maximum aggregate liability arising from or related to the Exclusive Puzzle or otherwise arising under this Agreement shall not exceed the fees paid by Customer to Provider for the Exclusive Puzzle in the 12 months preceding the incident giving rise to liability.

The Provider (together with all indemnified parties) has no liability arising out of or related to the Agreement for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages.

To the extent a disclaimer, limitation, or exclusion of liabilities is not enforceable by mandatory applicable law, Provider liability is limited and excluded to the greatest extent allowed by such applicable law.

Versions

The Provider might change the version of this Agreement. The revised Agreement applies to all Contract Periods started after the publication date. By subscribing to an Exclusive Puzzle the Customer agrees with the latest Agreement version.

The current publication date is September 21, 2020.