USER AGREEMENT

PLEASE ASK YOUR PARENT’S PERMISSION
BEFORE USING THIS SKILL

Last revised: January 31, 2019

Introduction

Welcome! Your access to and use of the TWISTER Spinner Alexa Skill featuring Hasbro’s TWISTER brand (collectively, the "Skill") is subject to the following terms and conditions. We hope you enjoy our Skill. So that you may fully enjoy our Skill, please read these terms and conditions, which will govern your use of the Skill. As used in this User Agreement, "you" and "your" refers to any user of the Skill and, if you are a minor, "you" and "your" includes your parent(s) and/or legal guardian(s). "We", "our” and "us" refers to Hasbro, Inc. and its affiliates and subsidiaries.

Please note that your use of our Skill is further subject to the terms and conditions of Amazon’s Alexa platform, which are between you and Amazon.

Acceptance of User Agreement

By accessing and/or using the Skill, you specifically agree to be bound by these terms and conditions (this “User Agreement”), including the Privacy Policy available at [URL to Alexa Skills Privacy Policy], which is incorporated in and made a part of this User Agreement. We reserve the right to update or otherwise modify this User Agreement at any time, in our sole and absolute discretion. Please visit this page periodically so that you are aware of any updates or modifications to this User Agreement because you will not receive advance notice or individual notice of such updates or modifications. By accessing and/or using the Skill, you agree to be bound by the current User Agreement. If you do not agree to this User Agreement, please exit and stop using the Skill.

Please read this User Agreement carefully before using the Skill. You will be granted access to the Skill until your access is terminated for reasons described in this User Agreement.

IMPORTANT NOTICE

THE SKILL IS FOR PROMOTIONAL AND ENTERTAINMENT PURPOSES ONLY. THE SKILL IS NOT A SERVICE. THE SKILL WILL BE AVAILABLE FOR A LIMITED TIME ONLY, AS DETERMINED BY US IN OUR SOLE AND ABSOLUTE DISCRETION. WE MAY, IN OUR SOLE AND ABSOLUTE DISCRETION, STOP SUPPORTING AND/OR PROVIDING UPDATES TO THE SKILL, OR PARTICULAR DEVICES AND/OR PLATFORMS ON WHICH THE SKILL OPERATES WITHOUT NOTICE AND WITHOUT REMOVING THE SKILL FROM SKILL STORES. WE ALSO RESERVE THE RIGHT TO SHUT DOWN, REMOVE, OR OTHERWISE RESTRICT ACCESS TO THE SKILL AND/OR TO MODIFY, LIMIT OR ELIMINATE ANY CONTENT OR FEATURE(S) OF THE SKILL AT ANY TIME, IN OUR SOLE AND ABSOLUTE DISCRETION. IF WE DECIDE TO SHUT DOWN OR REMOVE THE SKILL, WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU IN THIS USER AGREEMENT AND/OR THROUGH THE SKILL. WE ARE NOT REQUIRED TO MAINTAIN OR SAVE ANY VIRTUAL DATA, OBJECTS, COMPILATIONS, WORK, AUDIO/VISUAL MATERIALS, STATISTICS, REWARDS, ASSETS, IN-GAME CREDITS, VIRTUAL OR IN-GAME SETTINGS, OR SIMILAR INFORMATION THAT YOU MAY VIEW, CREATE OR “EARN” OR THAT ARE OTHERWISE ASSOCIATED WITH YOUR USE OF THE SKILL (COLLECTIVELY, “VIRTUAL ITEMS”) AND RESERVE THE RIGHT TO DEACTIVATE OR DELETE SUCH VIRTUAL ITEMS OR OTHER INFORMATION FOR ANY AND ALL REASONS, INCLUDING BUT NOT LIMITED TO USER INACTIVITY, THE SKILL'S MEMORY LIMITATIONS, POTENTIAL FRAUD/ABUSE, OR ANY OTHER REASON THAT WE DEEM NECESSARY IN OUR SOLE AND ABSOLUTE DISCRETION, WITHOUT NOTICE. WE ARE NOT RESPONSIBLE FOR ANY SUCH INFORMATION THAT IS MODIFIED OR LOST DUE TO TECHNICAL DIFFICULTIES OR FOR ANY OTHER REASON.

 

Limited Skill Operation and Future Changes

The Skill will only be operational for a limited period of time as determined by us in our sole and absolute discretion. If, in our sole and absolute discretion, we decide to: (a) prohibit access to the Skill on a wholesale basis; and/or (b) shut down, delete or remove the entire Skill; and/or (c) make material changes to the Skill as a whole, we will use reasonable efforts to notify the user community in this User Agreement and/or through the Skill by posting a notice on the Skill, subject to the following sentences. No advance notice will be given for any changes, including material changes, that we determine in our sole and absolute discretion should be made without notice. You will not receive any individual notices, so please check the Skill and this User Agreement from time to time so that you are aware of any updates or modifications made to it.

We reserve the right to charge a fee for use of the Skill in the future. If we do so, we will use reasonable efforts to notify the user community by posting information on the Skill at least thirty (30) days before any fees become effective. You will not receive any individual notice of this change, so please check the Skill and this User Agreement from time to time.

We reserve the right to terminate the access rights of any user that has been inactive for thirty (30) days or more, in our sole and absolute discretion. You will not receive any notice of deactivation.

Virtual Items are not transferable and have no retail or cash value. Any attempts to violate this rule may cause us to restrict your access to the Skill, which will be decided in our sole and absolute discretion.

 

Access to the Skill

An internet connection is required to download the Skill, to access certain information such as this User Agreement, and to download any updates to the Skill. Your downloaded Skill will only be operational for a limited period of time as determined by us in our sole and absolute discretion. We reserve the right to suspend, deactivate, eliminate or modify any user’s access to and/or use of the Skill at any time, for any reason, without notice, including if we believe that any such user has obtained access to and/or used the Skill in an unauthorized manner.

IF YOU DELETE THE SKILL FROM YOUR DEVICE, THIS DATA MAY BE DELETED PERMANENTLY, AND WE MAY NOT BE ABLE TO RECOVER ANY OF THE VIRTUAL ITEMS, PROGRESS, DATA OR OTHER INFORMATION RELATING TO YOUR USE OF THE SKILL. YOU TAKE FULL RESPONSIBILITY FOR, AND WE WILL HAVE NO OBLIGATION OR LIABILITY TO YOU FOR, ANY INFORMATION YOU DELETE, WHETHER INTENTIONALLY OR BY ACCIDENT.

 

Links

The Skill may (or may not) contain links to third party websites, and your use of such sites will be governed by the terms of use and privacy polices of their owners and operators ("Linked Sites"). Linked Sites are not under our control and we are not responsible for the contents thereof. These links are provided only as a convenience, and inclusion of a link does not imply endorsement of or affiliation with the Linked Site by us. We are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.

 

Ownership of Intellectual Property and Restrictions on Use of Materials

All materials contained in the Skill, including, without limitation, code, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements of all of these items, and all trademarks, service marks, trade names, trade dress and patents, are the property of Hasbro, Inc. (including its affiliates and subsidiaries), its licensors and/or other respective owners (collectively, the “Hasbro Materials”), and are protected, without limitation, by U.S. and other foreign copyright, trademark and patent laws. The unauthorized use of any Hasbro Materials, including the use of any Hasbro Materials on any other website, Skilllication, or networked computer environment is prohibited. Any attempts to access the Hasbro Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not modify the Hasbro Materials or use the Hasbro Materials in a manner that suggests an association with any of our products.

Games and Activities

You may obtain, gain access to, or win Virtual Items by playing games and engaging in other activities on the Skill. With respect to the games and activities, your chances of gaining access to, or earning Virtual Items depend on your skill and effort in playing the game or activity selected, as interpreted solely by the Skill's program software. These games and activities are for promotional and entertainment purposes only. By using the Skill, you agree to accept, without dispute, the parameters established by us for the Skill, including without limitation the manner in which the Skill’s program software interprets your game play or other activities on the Skill. We reserve the right to modify those parameters in our sole and absolute discretion and are not responsible for any interpretations or errors made by the program software. We reserve the right to disregard any complaints about the results of game play or other activities on the Skill.

 

Using the Skill

The Skill is provided by us and is intended to be used in a safe and enjoyable fashion. Users of the Skill must not use the Skill except for its intended purpose. Specifically, but without limitation, users must not:

- Attempt to circumvent the security systems of the Skill;

- Attempt to gain access to the Skill in a fraudulent manner;

- Attempt to use the Skill in a fraudulent manner, including but not limited to, using cheats, exploits or similar measures to gain, or attempt to gain, unearned Virtual Items, or access to the Skill;

- Attempt to gain access to any other user's Skill without permission;

- Attempt to ascertain any other user's personal information by any means whatsoever, including, without limitation, by use of the Skill or any other website, or by e-mail communication;

- Attempt to use the Skill for any purposes other than those intended by us, as determined by us in our sole and absolute discretion;

- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or other equipment;

- Upload or submit any data or information that is protected by intellectual property laws (including without limitation, copyright, trademark, patent, and/or rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents;

- Violate any Skilllicable laws or regulations or promote or encourage illegal activity; or

- Copy, modify, create a derivative work of, or reverse engineer any portion of the Skill or its contents.

We expressly reserve the right, which shall be exercised in our sole and absolute discretion, to remove any user from the Skill and/or block the access of any user who contravenes any of the provisions of this User Agreement, including but not limited to the provisions of this section entitled “Using the Skill”.

Security

You are completely responsible for all activities relating to your use of the Skill. You agree to immediately notify us of any unauthorized use of the Skill or any other breach of security related to your use of the Skill. We will not be liable for any loss or damage arising from your failure to comply with this section.

INDEMNITY

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HASBRO, ITS AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “HASBRO PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OF THE HASBRO PARTIES IN CONNECTION WITH ANY CLAIMS ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THE SKILL. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

 

NO WARRANTIES; LIMITATION OF LIABILITY; DISCLAIMER OF DAMAGES

IN NO EVENT SHALL HASBRO, ITS AFFILIATED AND SUBSIDIARY COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES, BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE SKILL OR THE CONTENT ACCESSIBLE THROUGH THE SKILL, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SKILL OR THE PERFORMANCE OR NON-PERFORMANCE OF US OR THE SKILL OR THE CONTENT ACCESSIBLE THROUGH THE SKILL, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. YOU AGREE THAT THE LIABILITY OF HASBRO, ITS AFFILIATED AND SUBSIDIARY COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, FIFTY UNITED STATES DOLLARS (U.S. $50.00).

General Provisions

This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Skill. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect. This User Agreement will be construed in accordance with the laws of the State of Rhode Island, United States of America.

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