Terms of Use and Conditions

Agreement between User and JumpButton Studio

Welcome to ACE Play. The ACE Play app (the "Game") is comprised of assets and contents by JumpButton Studio ("JBS") and The ACE Family ("Ace Hat Collection, Inc"). ACE Play is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of ACE Play constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

ACE Play is a Game.

ACE Play allows you to play as a member of the ACE family such as Austin, Catherine, Elle, and Alaia. Utilizing one of the four characters as a player, you are able to explore their home, dress them up, and travel to different courts around the globe symbolizing locations with their most fans. These contents will be updated as we see fit with new game content.

Through playing basketball and various activities you earn ACE points (AP) that can thereby be used to purchase clothing and different items within the game. Players may also purchase coins as an in-app purchase. This acts as a one-time payment in return for AP. Players under the age of 18 should consult with parents when making a purchase they do not have permission to make.

Additionally, we offer a monthly subscription titled a 'Fan Pass' in which users are charged $2.99 in that moment and every month after the date in which they subscribe through their native phone's purchasing option. Apple ID for iPhones and Google account for Android. This subscription allows players to receive a daily AP of 100 totaling 700 AP each week along with exclusive clothing, prizes, and discounts within the game and the ACE family's official webstore at shopacefamily.com offered only to those with a fan pass for as long as they are a subscriber. The shopacefamily discount is 25% for a one time use during the first month and 10% for a one time use each month after during the duration of your subscription. Finally, we engage with those subscribed with a fan-pass at a different level allowing them to partake in development directions and decisions for what should be added to the game next. Information about your subscription is shared within the game under the subscription details.

We request subscribers email after a successful payment in order to be able to email your 10% discount codes while subscribed and one-time 25% discount code on your initial purchase. Your email will not be shared with anyone and will solely be used for the purpose of providing you with additional benefits by the family outside of the game such as one-on-one video calls, giftcards, and more.

While non-subscribers can still be involved with the game through opting in to join the global leaderboards, social media, game reviews, and emails; we will provide an easier and user-friendly method for subscribers to voice their thoughts, suggestions and as a community vote on development directions.

Privacy

Your use of ACE Play is subject to JBS's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting ACE Play, opting in to our monthly leaderboards, or sending emails to JBS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, the game, and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

JBS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use ACE Play but purchases made should be made with the permission of a parent or guardian if you are not making the purchase with your own credit, debit, or pre-paid card.

Cancellation/Refund Policy

You may cancel your subscription at any time at which point you will not be billed further and your subscription benefits will be disabled after the end of the paid subscription month. There are no refunds as purchases are final. Should any subscriber or individual purchasing via an in-app purchase come across a bug or glitch resulting in not receiving what they should, please contact us at support@jumpbuttonstudio.com and info@shopacefamily.com for assistance; attachments and proof will be required for validating any reports.

Links to Third Party Sites/Third Party Services

ACE Play may contain links to other websites, apps, social media, and content ("Linked Contents"). The Linked Contents are not under the control of JBS and JBS is not responsible for the contents, including without limitation any link contained, or any changes or updates to said linked content. JBS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JBS of the site or any association with its operators.

Certain services made available via ACE Play are delivered by third party sites and organizations. By using any product, service or functionality originating from the ACE Play game, you hereby acknowledge and consent that JBS may share such information and data with any third party with whom JBS has a contractual relationship to provide the requested product, service or functionality on behalf of ACE Play users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use ACE Play strictly in accordance with these terms of use. As a condition of your use of the Game and any associated apps, you warrant to JBS that you will not use the contents visible for any purpose that is unlawful or prohibited by these Terms. You may not use the Game in any manner which could damage, disable, overburden, or impair the Game or interfere with any other party's use and enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Game.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Game, is the property of JBS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Game. JBS content is not for resale. Your use of the Game does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of JBS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of JBS or our licensors except as expressly authorized by these Terms.

Third-Party Accounts

You may be able to connect to third party accounts now or in the future if such a feature does not currently exist. By connecting your JBS account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). We currently only utilize third parties for the social sharing feature allowing you to display a screenshot of what is visible on the Game. If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by JBS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the JBS Content accessed through ACE Play in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless JBS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Game or services, any postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. JBS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with JBS in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GAME MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION AND ASSETS HEREIN. JUMPBUTTON STUDIO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GAME AT ANY TIME.

JUMPBUTTON STUDIO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE GAME FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JUMPBUTTON STUDIO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JUMPBUTTON STUDIO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GAME, WITH THE DELAY OR INABILITY TO USE THE GAME OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GAME, OR OTHERWISE ARISING OUT OF THE USE OF THE GAME, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JUMPBUTTON STUDIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GAME, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PLAYING THE GAME.

Termination/Access Restriction

JBS reserves the right, in its sole discretion, to terminate your access to the game and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Game is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and JBS as a result of this agreement or use of the Game. JBS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of JBS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Game or information provided to or gathered by JBS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and JBS with respect to the Game and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JBS with respect to the Game. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

JBS reserves the right, in its sole discretion, to change the Terms under which ACE Play is offered. The most current version of the Terms will supersede all previous versions. JBS encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

JBS welcomes your questions or comments regarding the Terms:

JumpButton Studio

3675 Market St

Phialdelphia, Pennsylvania 19104

Email Address: support@jumpbuttonstudio.com

Effective as of December 25, 2019