1. About these Terms
1.3. You represent and warrant to us that you have read and understood these Terms and you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms.
2. Personal Information and Privacy
3. In-Game Accounts
In order to participate in or use the Game, you may be required to maintain an account with a third-party social networking site (such as Facebook) through which you will access the Game (“Account”).
Your Account is for your individual, personal and non-commercial use only, and you may not authorize others to use your Account for any purpose. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password you use to enter such Account, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to notify us immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware.
4. E-mail Notices
By providing us your email address you consent to our use of your email address to send you Game-related notices. We may also use your email address to send you other messages, such as information on changes to features of the Game and special offers. We will request your explicit consent to send you such additional offers and/or features. If you change your mind and no longer wish to receive these email messages, you may unsubscribe by using the unsubscribe option in the applicable email. You may also email us at firstname.lastname@example.org in order to change any of your subscription settings.
6. User Guidelines and Restrictions. Prohibited Content
You agree that you will not in connection with your use of the Game:
- (a) Abuse or harass any other user, member or person;
- (b) Collect or store personally identifying information about other users, including for commercial or unlawful purposes;
- (c) Impersonate any person or entity;
- (d) Employ misleading email addresses or falsify information in any part of any communication related to the Game;
- (e) Engage in any activity which may compromise the stability or availability of the Game or use the Game to compromise the availability or stability of any third-party site or service;
- (f) Use the Game for any unsolicited advertising or promotions;
- (g) Use automated means, including spiders, robots, crawlers or the like to download data from the Game or any related server or database
- (h) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Game, or any portion thereof;
- (i) Circumvent any security measures or any payment collection methods employed in or through the Game, or access or use the Game in the event your Account, or your access, is terminated or suspended by Us;
- (j) Upload, post, email, otherwise transmit or post links to any content or material, or select any member or user name or email address, in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
- (k) Upload, post, email, otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any person, or that contributes to, induces or facilitates this type of infringement;
- (l) Upload, post, email, otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Game or any third party software, site, equipment or service;
- (m) Upload, post, email, or otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance or regulation, or which we deem improper in accordance with our guidelines and policies;
- (n) By-pass the measures we may use to prevent or restrict access to the Game, including but not limited to, features that prevent or restrict use or copying of any content or enforce limitations on use of the Game or the content therein; or
- (o) Rent, lease or sublicense the Game.
7. Virtual Items
7.2 NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH VIRTUAL ITEMS OR DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY VIRTUAL ITEMS, DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON OUR SERVERS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND EXCEPT IS STATED BY APPLICABLE LAWS.
7.3. Virtual Items purchased on App Store and Google Play Store will be subject to those platforms’ payment terms and conditions. We do not control how you can pay on those platforms. Please review those platforms’ terms of service for additional information.
8. Paid Services and Billing Policies
8.1. Fees and Billing: Certain aspects of the Game may be provided for a fee or other charge. If you wish to use paid aspects of the Game, you agree to the terms of sale, pricing, payment and billing policies applicable to these fees and charges, which will be provided at the time you make the applicable purchase. We may add new services for additional fees and charges, however, we will not charge you additional fees unless you purchase these new services. In addition, certain messaging, service and other standard fees and charges may be charged by your service provider.
8.3. Taxes. You agree to pay all fees and applicable taxes incurred by you. We may revise the pricing for subscriptions to its games or Virtual Items we license to you through the Game at any time.
We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from our Game. Also, just because we allow a link to be included in our Game does not mean we endorse that linked site. We are not liable for any claim relating to any content, goods and/or services of third parties.
Please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you. Your relationship with that other company will control how it can use, store, and share your information.
11. Customer Service
If you have questions about your Account or the Game please contact us at email@example.com. We will use commercially reasonable efforts to keep your Account and the Game operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. It is also possible that a failure of the Game may occur. We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Game with or without notice. We shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to the Game.
12. Copyright Infringement
We may, in our sole discretion, remove any data and materials which you or any other users download when using the Game that appears to infringe on the intellectual property rights of others.
13. Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF USERS OF THE GAME. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE GAME BY USERS OF THE GAME; OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY USERS THAT APPEARS THROUGH THE GAME.
14. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE GAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS’ CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU ASSERT THE APPLICABLE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Force Majeure
We shall not be held responsible or liable for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or any other cause beyond our reasonable control.
Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to us:
- Name: GAMINGSENSE LIMITED
- Address: Themistokli Dervi 3, Julia House, 1066, Nicosia, Cyprus
- Email: firstname.lastname@example.org
Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to you through a posting in the Game.
18. Entire Terms
19. Changes to Terms
20. Applicable Law and Venue
These Term of Use shall be governed and construed subject to the laws of the Republic of Cyprus. You agree to submit to the jurisdiction of the Courts of the Republic of Cyprus in respect to any matters or disputes relating to our Game.