Terms Of Use

Welcome to Colto,
We are delighted that you want to play our game and use our services. Before we go further: If you have any questions about this document, please email us at support@colto.com.

Summary

This document is an agreement between Colto and you that governs your use of our games and to other “services” (which are explained below). Here’s a quick summary:

This is a legal agreement. Once you start playing our games (or doing certain other things), it means you have agreed to these terms.
Colto gives you some rights to play the games but you cannot use them, or other services for other purposes. You also have other restrictions on use. You give Colto certain rights, too.
Like other agreements, this one has limits on liability and indemnification obligations. There are other “legal” terms.

This is not a complete summary! Make sure that you read everything here.

1.0 Binding Agreement

This part starts the legal agreement. These terms of service (“TOS”) are a binding agreement between Colto srl, its subsidiaries and affiliated companies (“Colto”) and you, the user. This TOS governs your use of our games, as part of what are called the “Service.” The “Service” means: (i) our games; (ii) the website located at www.colto.com (the “Site”), which also includes any services, features and content accessible or downloadable from the Site; and (iii) any other Colto application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources. This TOS includes Colto’s Privacy Policy, which is currently located at www.colto.com/privacypolicy

1.1 Your Agreement to this TOS

What You Are Telling Us. Please carefully read this TOS. If you install, use or otherwise access the Services, then this is a binding agreement on you. By using the Service, you represent that:

  1. you are age 13 or older;
  2. if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to this TOS;
  3. you understand and agree to this TOS.

What You Do That Makes This a Binding Agreement:
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THIS TOS. IF YOU DO NOT AGREE TO THIS TOS, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

2.0 Intellectual Property Rights and Licenses

This part of the TOS grants you certain rights in using our games and other Services and it also grants Colto certain rights from you.

2.1 Certain Definitions

Throughout this TOS there are certain terms that are called “defined terms.” For purposes of this Part XX on Intellectual Property Rights and Licenses, here are a few important ones:

    • “Feedback” means any comments, suggestions or feedback about, or in connection with, the Service that you provide to Colto.
    • “Service Materials” means all information and materials that are part of the Service, including without limitation the following: any and all copyrightable material, including software; the “look and feel” of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; and User Content (other than Your Content). For purposes of clarification, that also includes our games specifically.
    • “User Content” is content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information, etc.) that you and/or other users create, submit, record, post, display, transmit, perform, publish or distribute communications (including but not limited to voice communications), including by making the foregoing available to Colto and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof.
    • “Virtual Currency” means such items in the Service as coins, points or similar items that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law.
    • “Virtual Goods” means virtual digital items such as commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law.
    • “Your Content” is a subset of User Content. It is User Content that you make available in connection with the Service.

2.2 Limited License Grant and Restrictions

Colto grants to you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use and display the following:

      • (a) for our games and then only to play the games;
      • (b) the portions of the Service that are freely accessible from the Colto Site or that are, with Colto’s written authorization, made freely accessible from third party websites or sources; and
      • (c) such other portions of the Service accessible on a “for-payment” basis, provided that you have paid the applicable fees and satisfied all applicable conditions.

Please note: This license is (i) solely for your personal, non-commercial use; (ii) solely for a single computer or other device; and (iii) subject to your compliance at all times with this TOS.
You agree not to (and not to attempt to): (i) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in this TOS; or (ii) use the Service for any use or purpose other than as expressly permitted by this TOS. Neither Colto nor any of the Colto Parties (as defined below) grant to you any licenses or rights except for the licenses and rights expressly granted in this TOS.

2.3 Rights in Service Materials

As between you and Colto, Colto and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials, except for Your Content and except as otherwise expressly set forth in this TOS. You shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods.
You agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions.All rights not expressly granted by this TOS are reserved by Colto and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Colto and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).

2.4 Rights in User Content, Your Content and Feedback

User Content You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Colto has no obligation to accept, display, review, maintain or otherwise exploit any User Content. Colto has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, validity, legality, decency, integrity or any other quality. Colto makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You bear all risks associated with, the use of any User Content available in connection with the Service. Colto shall not be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, Colto reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of this TOS, or for no reason, at any time. You may bring User Content that you believe violates this TOS, or other inappropriate user behavior, to Colto’ attention by mailing support@colto.com.
Your Content is not Confidential. You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you. You represent and warrant that Your Content is original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in this TOS without Colto incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Colto does not claim any ownership rights in Your Content and nothing in this TOS will be deemed to restrict any rights that you may have to use and exploit Your Content. Colto has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
Grant of Licenses and Other Rights. You hereby grant to Colto a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose Your Content via the Service or by any other means. You also hereby grant to Colto the right to sublicense and authorize others to exercise any of the rights granted to Colto under this TOS. You further hereby irrevocably grant to Colto the unconditional right to use and exploit your name, voice, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.
Feedback. You agree that any Feedback shall be the exclusive property of Colto, and you hereby assign all rights, title and interest in and to such Feedback to Colto. You agree that unless otherwise prohibited by applicable law, Colto may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without compensation to you.

2.5 Rights in Virtual Currency and Virtual Goods

Colto reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods. Colto shall have no liability to you or any third party in the event that Colto exercises any such rights. You have no right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service except the following: You will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Service, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Colto.

You agree that the transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized in the Service. Also, outside of the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goodsto Colto, any other user of the Service or any other party.

You agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, unless Colto or the applicable third party platform decides in its sole and absolute discretion to provide a refund. You agree that in the event that this TOS, your Account or the Service is terminated for any reason, which may include without limitation Colto’ discontinuation for any reason of the applicable portion of the Service, you will forfeit all Virtual Currency and Virtual Goods and Colto will have no liability to you in connection with that forfeiture.

2.6 Trademarks

The terms “Colto” and Colto srl and the Colto logo and other Colto srl logos and product and service names are trademarks and service marks of, and are owned by, Colto. You may not use or display such trademarks in any manner, including without limitation using such trademarks as “metatags,” except as expressly set forth in this TOS. All third party trademarks and service marks appearing on the Service are the property of their respective owners and all rights therein are reserved.

3.0 Restrictions and Rules of Use

The following restrictions and rules apply to your use of the Service. As a condition of your use of the Service, and without limiting your other obligations under this TOS, you agree to comply with the restrictions and rules set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service itself.

You agree not to:

  1. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  2. interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
  3. use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
  4. use the Service to harm minors in any way;
  5. use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
  6. defraud or mislead Colto or other users;
  7. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  8. create any Account by automated means or false pretenses or use any other user’s Account for any purpose, including to circumvent a suspension or ban;or
  9. cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Colto experience to the detriment of fair play.

You also agree to comply with all applicable laws or other rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws or other rules regarding the transmission of technical data exported from the United States or the country in which you reside.

In addition, you agree not to use the Service or any portion of the Service to commit actions that Colto considers, in its sole discretion, to be detrimental in any way to the Service or to any user’s enjoyment of the Service.
Colto reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of this TOS or the Service itself and to take action as a result, which may include termination of your Account and exclusion from further participation in the Service.

You are responsible for any fees, including data, access, and usage fees charged by an internet provider or mobile carrier, that you incur when accessing the Service.

4.0 Termination

How and When Colto Can Terminate this TOS. Colto may terminate this TOS and your access to the Service (or, at Colto’s sole discretion, applicable portions of the Service) at any time and for any reason. In addition, Colto may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Colto suspects or determines that you may have (i) failed to comply with any provision of this TOS or any policies or rules established by Colto; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Colto, any third parties or the Service itself.

As the result of termination, you will not be entitled to and Colto will not be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination permitted under this TOS for any reason, whether by you or Colto. Colto reserves the right to refuse to provide the Service to any individual.

This TOS will remain effective until terminated. You agree that the following sections of this TOS will survive any termination of this TOS, your Account or the Service: Section 2.1 (Certain Definitions), Section 2.3 (Rights in Service Materials), Section 2.4 (Rights in User Content, Your Content and Feedback), Section 2.5 (Rights in Virtual Currency and Virtual Goods), 2.6 (Trademarks), Section 4.0 (Termination), Section 5.0 (Relationships with Third Parties; Links), Section 6.0 (Disclaimers of Warranties and Damages; Limitations of Liability; indemnification), Section 8 (Other Provisions), Section 16 (Links to Third Party Websites) and Section 17 (Miscellaneous Provisions).

5.0 Relationships with Third Parties; Links

5.1 Disputes with Others

Colto reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service. You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. You will cooperate fully with Colto to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Colto access to any password-protected portions of your Account. Colto hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Service.

5.2 Links to Third Party Websites

The Service may contain links to third party websites or resources in the parents section of the Service. You acknowledge and agree that Colto is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Colto of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Colto may remove any links at any time for any reason or for no reason.

6.0 Disclaimers of Warranties and Damages; Limitations of Liability; Indemnification

6.1 Disclaimers of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER COLTO NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “COLTO PARTIES”) WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU OR (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.

6.2 Limitations of Liability

UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COLTO PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COLTO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE COLTO PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO COLTO IN ACCORDANCE WITH THIS TOS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID COLTO ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COLTO IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Colto or any other Colto Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Colto’ and such Colto Party’s liability shall be the minimum permitted under such applicable law.

6.3 Indemnification

You agree to indemnify, defend and hold Colto Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your Account) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your Account) use of the Service, (3) your (or anyone accessing the Service using your Account) violation of this TOS, and (4) your (or anyone accessing the Service using your Account) violation of any rights of any other person or entity. Colto reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with Colto to defend these claims.

7.0 Changes to the Terms of Service and the Service

Colto reserves the right, at its discretion, to change, modify, add or remove portions of this TOS and its Privacy Policy at any time by posting the amended terms on the Site. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise expressly stated, all amended terms shall automatically be effective immediately when posted.

If at any point you do not agree to any portion of the then-current version of the Terms of Service, the Privacy Policy, or any other Colto policy or rules relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service. To the extent the Terms of Service or Privacy Policy conflict with any other terms, policy or rules of Colto, the terms contained in this TOS and in the Privacy Policy shall govern.
Except as may be expressly specified otherwise by Colto with respect to paid portions of the Service, Colto reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.

8.0 Other Provisions

Governing Law and Remedies. This TOS and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this TOS will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Colto under this TOS are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Colto for which remedies at law are inadequate. Colto shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.

  • Access and Availability. You agree to be responsible for obtaining and maintaining all telephone, computer hardware, mobile devices and any other equipment needed for access to and use of the Service, and all charges related thereto. Colto operates and controls the Service from its offices in the United States. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Colto to any registration requirement within such jurisdiction or country.
  • Entire Agreement. This TOS, Privacy Policy, and additional Colto’ published policies and rules, constitute the entire agreement between you and Colto with respect to your use of the Service and any other subject matter hereof, supersede all prior understandings of the parties, whether electronic, oral or written, or whether established by custom, practice, policy or precedent and cannot be changed or modified by you except as expressly posted on the Service by Colto.
  • Amendment. This TOS may not be otherwise amended except in a writing signed by you and Colto. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
    No Waiver. The failure of Colto to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
  • Assignment. This TOS may not be assigned by you without Colto’ prior written consent, but are freely assignable by Colto.
  • Compliance. Upon Colto’ request, you will furnish Colto any documentation, substantiation or releases necessary to verify your compliance with this TOS.
  • Construction and Waiver of Defenses. You agree that this TOS will not be construed against Colto by virtue of Colto having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this TOS and the lack of signing by the parties hereto to execute this TOS.
  • Force Majeure. Colto shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.

Contact Us:

For all correspondence, please email us at support@colto.com