Terms & Conditions
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING AND INSTALLING THIS WEBSITE AND GAME CLIENT BY CLICKING THE “I ACCEPT” or “CONTINUE” BUTTON, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL.
These Terms and Conditions (the “Agreement”) is an agreement between you (“you”) and Rising Tide Mobile Entertainment, Inc. (the “Company”). Each of the terms “we”, “us” and “our” means the Company. The terms “Click2Play,Click To Play, website and product” means any information or game play medium that you use to access Click2Play for information or game play related activity on Click2Play. The effective date of this Agreement is when you accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.
This Agreement will affect your legal rights and we strongly recommend that you read the agreement in its entirety and seek independent legal advice to address any questions you may have regarding the Agreement prior to clicking on the “Accept” or “Continue” button.
Applicability of Terms and Conditions
By clicking on the “Accept” or “Continue” button, you represent and warrant to the Company that you fully understand and agree to comply with all of the terms and conditions of this Agreement and that failure to abide by these terms and conditions may result in disqualification, account closure, forfeiture of funds and/or legal action against you by the Company. This Agreement incorporates by reference all guidelines or rules applicable to our service, which are posted on our website from time to time, as may be amended from time to time by the Company.
Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, service-marks, logos and trade names including the name www.Click2Play contained on this website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be. Without limiting the generality of the foregoing, the term “Content” shall also include images, pictures, graphics, photographs, animations, videos, music, audio, text, and the Games (as defined below) located on the Company website. You agree that the Content is protected by copyright law and the Company reserves all right in relation to the Content.
The Company hereby grants to you a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content solely for your use of this website and the Games. You further agree that your use of the software accessed on or through this website (the “Software”) is governed by the terms and conditions of this Agreement and the Company’s End User License Agreement, which is incorporated herein by reference. For more information on the terms and conditions and the rights and restrictions attached to your use of the Software please see our End User License Agreement. You agree that in the event of a conflict between our Legal Terms and Conditions and the End User License Agreement, as they relate specifically to the use of the Software, the terms of the End User License Agreement shall prevail.
Restrictions on Use
You agree that you will not:
- distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or
- create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
License to Use your Information
No Warranties, Limitations on Liability and Disclaimers
YOUR ACCESS TO OUR WEBSITE, THE CONTENT, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS OR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. OUR WEBSITE, THE CONTENT, THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN OUR WEBSITE, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF OUR WEBSITE, THE GAMES AND THE SOFTWARE LIES WITH YOU. IN NO CASE WILL THE COMPANY’S, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AND EMPLOYEES. CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION YOUR USE OF OUR WEBSITE, THE GAMES OR THE SOFTWARE, BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, YOU PAID TO ACCESS OUR WEBSITE.
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE, THE GAMES, OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL THE COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, THE COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SE-CURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COM-PANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
This website may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. The Company does not recommend or endorse any of the content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.
The Company will not be responsible for any damages you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.
THE TERMS OF THIS AGREEMENT MAY BE CHANGED, FROM TIME TO TIME BY THE COMPANY ACTING IN ITS SOLE DISCRETION, WITHOUT NOTICE TO YOU. YOU ARE STRONGLY RECOMMENDED TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT ON A REGULAR BASIS TO STAY INFORMED OF SUCH CHANGES, IF ANY.
This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company under this Agreement, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, your license to the Company, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
You agree at all times to indemnify, defend and hold harmless the Company, its directors, officers, shareholders and employees, including the Company’s agents, suppliers, affiliates and their respective directors, officers and employees, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of your use or misuse of the Content or this website in any manner whatsoever, including without limitation infringement claims, participation in the Games and your entitlement to any winnings through the use of such Games.
Registration and the Games
To play at Click2Play, you will need to register for an account (“Account”) by choosing a unique username and password and entering your telephone number. You agree to provide only true and current information and you further agree to update this information as necessary to keep it true and current. By registering on or through our website you will be able to access various games which may be changed at any given point in time.
Limited Use and Acknowledgment of Risk
The Games are for entertainment only, and your participation in the Games is solely for your own personal enjoyment and non-professional use. You agree to keep your Account information secret and confidential and to not allow anyone else to use it. Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge that you do not find the Games or our website to be offensive, objectionable, unfair, or indecent. Any other entrance, access, or use of our website is strictly prohibited. You hereby acknowledge that that there is a real risk that you will be charged real money by playing the featured games in this website and agree that the Company will not be responsible to you in any way for such loss.
Legality of Participation in Games
You may only participate in the Games if you are 13 years of age and over and it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting to this website or you are of legal age in the jurisdiction from where you are connecting from. You agree and acknowledge that the Company has no duty to provide you any legal advice or assurances with respect to the applicable laws governing your right to participate in the Games and that it is your sole responsibility to ensure, at all times, that you comply with the laws that govern you and your rights to play the Games. By playing the Games you represent and warrant to the Company that you are in compliance with applicable laws when playing the Games and have the legal right to play the Games. Participation in the Games is void for whomever and wherever prohibited by law. Residents of The Republic of The Philippines are the only ones permitted to play the Games. An account opened by any resident outside of this country is a breach of this Agreement and the Company will close such account subject to the terms and conditions contained in this Agreement.
Artificial Intelligence & Unfair Advantage Programs
We are committed to detecting and preventing software programs which are designed to enable artificial intelligence (non-human) to play on the Company’s website. You will not use any software programs which are designed to provide you with assistance in accessing, compiling or calculating information on other users of the website or players of the Games. Additionally, you are not permitted to, and you agree not to cause any such program to access the website or any data on it and you are not permitted to access any such data and send it to any other parties. In this regard, the Company prohibits those External Player Assistance Programs (“EPA Programs”) which are designed to provide an “Unfair Advantage” to players. “EPA Programs” means computer software, other than the Software, and non-software-based databases or profiles such as websites and subscription services. “Unfair Advantage” means any instance in which a User accesses or compiles information on other player or players beyond that which you have personally observed through you’re your own use and play of the Games. You further agree not to use any robot software programs (or any other artificial intelligence software programs) designed to play the Games on the Site.
Programs that use statistics not collected by the player himself/herself through ordinary, fair game play, are not allowed. Programs that share data are not allowed. We also prohibit the use of any software program that facilitates the sharing of information or player profiles.
You hereby grant to the Company the right to take any steps necessary to detect and prevent the use of EPA Programs prohibited under this Agreement, including but not limited to screen capture or reading the list of currently running programs on your computer or any player’s computer. In the event that you are found to have breached the provisions of this Section, we shall have the right to immediately terminate your use of the Software and terminate your account without refunding to you any money that may be held by us in your account at the time of such termination.
Click2Play reserves the right to make changes to the game platform at any time.
Security Checks and Review and Releases
To maintain a high level of security, the Company reserves the right to conduct a security review at any time to validate your identity, verify your financial transactions and further document your consent to this Agreement. To facilitate these security checks, you agree to provide such identification or other information or documentation as the Company, in its sole and unfettered discretion, deems necessary. If you fail to comply with any security request, the Company reserves the right to void your Account. You will be notified of such verification request by electronic mail or telephone and scores will be forfeited if you fail to provide the Company with such requested documentation and information within the time period reasonably specified by the Company. Such request for documentation and information may include a sworn affidavit of identity and eligibility, release of liability in favour of the Company and publicity authorization.
Abandonment of Account
The Company reserves the right to cancel your Account for any reason whatsoever at any time without notice to you pursuant to the terms of this Agreement. If you have no load for more than 180 days, your account will be closed and account details will be automatically removed from the database.
Disclosure to Third Parties
You agree to keep your Account secret and confidential and to not allow anyone else to use it. If you intentionally or unintentionally, directly or indirectly, disclose your Account Name and password to another person, and such disclosure results in a third party participating in the Games using your Account Name and password, such participation shall be valid (subject to compliance with the terms of this Agreement), and you will not be refunded any resulting losses, regardless of whether such third party did or did not obtain your consent. The Company shall not be required to maintain Account Names or passwords if you misplace, forget, lose, or are otherwise unable to enter your Account for any reason other than the Company’s fault.
Suspension, Modification, Removal and Addition of Games
The Company reserves the right to suspend, modify, remove and/or add any Game in its sole discretion and without notice. In the event of such suspension, modification, removal or addition of any Game for any reason, the Company will not be liable to you in any way.
Abusive or Offensive Language, Player protection, Fair Play, and Goodwill of Player Behavior
Abusive or offensive language is not permitted where applicable in any of the games available in Click2Play, chat areas or with Company staff. Any violation of this policy may result in a suspension of playing privileges or such other action as may be required by the Company to ensure compliance. You hereby agree that you shall not post any unlawful, obscene, libelous, defamatory, threatening, or other materials that would violate any law or generally be considered offensive via the website using the chat option, player image option, or in any correspondence with the Company’s staff. Abusive or offensive language includes, but is not limited to, any player statements that are in the Company’s sole opinion, obscene, profane, racist, in bad taste, slanderous, unnecessarily hostile, or contrary to the purpose of our website’s chat function.
Further you agree that you shall not make any statements on or through the website which promote any website, service or product of any party except the Company. You shall not make any statements about the Company, the website or the Games that are untrue or would reasonably be considered to be derogatory or critical.
At no time will you or any individual or organization you are affiliated with advertise third party products or websites to fellow users via our Software, chat or website without the express written permission or agreement of the Company. The Company reserves the right to suspend or indefinitely terminate accounts of players who misuse our website to make statements that advertise any product, website or service that is not endorsed by the Company.
Disclosure of Fraudulent Activities & Recovery of Disputed transactions
If, in the Company’s sole determination, you are found to have cheated or attempted to defraud the Games, our website, other players, or the Company in any way including but not limited to game manipulation or payment fraud, or if you make untrue and/or malicious comments with regard to the Company’s operation in any media or forum, the Company reserves the right (and you authorize the Company) to publicize your actions together with your identity and e-mail address, as well as to circulate this information to other online gaming sites, banks, credit card companies, law enforcement departments and other appropriate agencies. The Company may close any accounts that you have with us or at any other Company website, and/or business.
GENERAL CONTRACT PROVISIONS
Settlement of Disputes
In the event of a discrepancy between the result showing on the Software and the Company’s gaming server, the result showing on the Company’s gaming server shall be the official and governing result of the Game. Moreover, you understand and agree that our Website and Company records shall be the final authority in determining the terms of your participation in the Games, the activity resulting there from and the circumstances in which they occurred.
If you have any dispute with regard to any outcome in the Games or other activity on our website, you must submit your complaint to the Company in writing within fourteen (14) days of the incident in dispute by email to email@example.com
This Agreement shall be governed by and construed in accordance with the courts of The Philippines.
Entire Agreement, Modification and Amendments
You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or amended from time to time. The Company reserves the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted on our website. It is your sole responsibility to review this Agreement and amendments hereto each time you play. The terms and conditions contained herein represent the complete and final agreement between you and the Company and supersede any and all prior agreements, representations or statements made by the Company.
We have required that this Agreement and all documents relating thereto be drawn-up in English.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in Philippine Peso.
This Agreement shall endure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
PLEASE PRINT A COPY OF THE TERMS OF THE AGREEMENT FOR YOUR REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
ANNEX I.SMS Subscription
Subscribers can choose to subscribe to one or more game service by texting:
- (For SMART) ARCADE / PUZZLE / SPORTS / POPULAR to 2346
- (For Globe) GAARCADE ON / GAPUZZ ON / GASPORTS ON / GAPOP ON to 3456
- Upon subscription, the subscriber will receive a grant to play unlimited games free for 1 day with the attached URL to the game portal. Succeeding days will be charged P2.50 (For SMART) and P5 (For Globe) per game service per day. Standard data charges apply.
- New subscribers will be asked to create their username, password and input their mobile number on the registration page for verification. A verification code will be sent to the mobile number of the subscriber which will be inputted on the registration page.
- After successful registration, the subscriber will be redirected to the subscription page which shows the game buckets he/she is subscribed or can subscribe to.
- They can proceed to play games by clicking the game links on the subscription page.
- Subscribers can choose to subscribe to one or more game service by texting: