Terms and Conditions

Date: 4 April, 2025

CAPTAIN GUM GAMES LLC (“CAPTAIN GUM GAMES” or “we”) is a game developer that provides games, features, content and services to users via websites, mobile applications and other channels or portals (the “Services”).

By accessing and using our Services, you consent to the terms and conditions in these Terms of Use (the “Terms”).

The Services are designed and provided to users of various age groups; please see the instructions for eligibility when users download and use a specific Service. If you are between the ages of 13 and 18 (or the relevant age defined as a minor in your jurisdiction), you should seek the consent of your parents or legal guardians before using our Services.
If parents or legal guardians consider that the Services are not suitable for their children, please contact us at [hqbasecommander@gmail.com] and we will respond to your requests and take actions we consider appropriate.

CAPTAIN GUM GAMES provides users with the following Services:

• Games (such as Pipesmith, Color Rush [Game], Ship It, etc.), features, content and contests;
  
  
• customer services; and
  
  
• other services offered by CAPTAIN GUM GAMES from time to time.
  
  

Some of the Services are provided free of charge and users may choose to pay fees for certain functions and features of the Services.

For certain Services, users may be required to register an account in order to use those Services.
If users register an account with us, users shall:

• provide accurate, complete, and up-to-date information when creating an account and communicating with CAPTAIN GUM GAMES.
  
  
• take appropriate measures to ensure the security of the account and password.
  
  
• assume full responsibility for all actions made or not made in relation to the use of their accounts.
  
  
• not use the account of any other user.
  
  
• contact CAPTAIN GUM GAMES immediately if users discover any security concerns regarding their accounts, for example, password leakage.
  
  

Users’ accounts may be suspended, cancelled or closed if:

• requested by the users;
  
  
• the accounts have been inactive for more than six months; or
  
  
• users violate the Terms.
  
  

Users may pay fees for certain functions and features of the Services, including virtual items and ads-free services, and users understand and agree that due to the nature of our Services, purchase of those functions and features are non-refundable. If users consider that fees should be refunded under exceptional circumstances, please contact us and we will consider the request on a case-by-case basis.
Users understand that they may only use the virtual items in the games and that virtual items have no real-world value and cannot be redeemed for actual currency, goods or other items of monetary value.
Virtual items include virtual coins, points, props, and other in-game things related to the functions and features of the Services.

Users shall use the Services in a lawful, fair and reasonable manner.
In using the Services, users may not:

• interfere with, damage or disrupt any part of our Services;
  
  
• transmit or upload viruses and harmful programs;
  
  
• copy, reproduce or sell any part of our Services; and
  
  
• infringe the intellectual property rights and legitimate interests of any person.
  
  

The Services may include links to third-party websites, plug-ins and applications. Clicking on those links may allow users to visit the websites and applications of third parties. Use of third-party websites, services and products will be governed by the terms of service between users and third parties, and CAPTAIN GUM GAMES assumes no responsibility for the use of third-party websites, services and products.
Users should read the privacy policies on third-party websites and applications to know how they collect and use personal data of users.

All intellectual property rights, including trademarks, patents, copyrights and other kinds of intellectual property rights, whether registrable or not, in relation to all the trade or business names, domain names, logos, content, layout, text and graphics, source codes, algorithms, software, database, applications, content and information of our Services are legally owned or acquired by CAPTAIN GUM GAMES.

Users acknowledge and understand that CAPTAIN GUM GAMES cannot guarantee a 100% safe operating environment, and CAPTAIN GUM GAMES assumes no liability of whatsoever nature arising out of any failure, interruption and discontinuance of the Services due to the limitation of internet communication technologies and events of force majeure, attacks, viruses, worms and malicious codes, system vulnerability, failure of third-party services and other factors which are beyond the control of CAPTAIN GUM GAMES.
To the extent permitted by applicable law, CAPTAIN GUM GAMES will not be responsible for any loss of profits, revenues, or indirect, special, consequential, or punitive damages.

Please refer to our Privacy Policy [please insert link] for information on how we collect, use and share your data.

Users shall defend and indemnify CAPTAIN GUM GAMES and its affiliates, directors, officers, employees, and users against all liabilities, damages, losses, costs, fees (including legal fees) and expenses relating to claims arising from or in connection with the violation of the Terms by users.

Users may stop using the Services at any time with or without notice.
We may terminate the Terms if:

• users violate the Terms, or
  
  
• the Services are no longer available to users.
  
  

The Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.

We will endeavor to resolve any disputes arising out of or relating to these Terms through good faith negotiations. If a dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect.

The arbitration shall be conducted in English, and the seat and venue of arbitration shall be MICHIGAN, unless otherwise agreed by the parties. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Interpretation
Headings are for reference purposes only and in no way limit the scope or extent of each section and shall not affect the meaning of the language in each section.

Notice
Users shall send all the communications and correspondence to CAPTAIN GUM GAMES to [hqbasecommander@gmail.com].

Severability
If for any reason any provision of the Terms becomes unenforceable, that provision will be enforced to the maximum extent permitted so as to give effect to the intent of the Terms, and the remainder of the Terms will remain in full force and effect.

Amendment
The Terms may be amended from time to time, and we will notify users by publishing an updated Terms on the websites, mobile applications and channels or portals to which users have access.

Assignment
Users may not assign or transfer any rights and obligations under the Terms without CAPTAIN GUM GAMES’s prior written consent.
CAPTAIN GUM GAMES may assign or transfer its rights and obligations under the Terms by publishing a notice on the websites, mobile applications and channels or portals to which users have access.

Waiver
The failure by users or CAPTAIN GUM GAMES to enforce any provision of the Terms will not constitute a waiver of future enforcement of that or any other provision.