SNAPVERSE GAMES
Terms of Service
Last Updated: [ Feb 23,2023 ]
1.
Introduction
1.1
SNAPVERSE GAMES applications and the
related websites (“SNAPVERSE GAMES”) are owned and operated by SNAPVERSE Pte. Ltd. and its affiliates
(collectively, “we”, “us”, “our” or the “Company”).
if you download, install and use SNAPVERSE GAMES and related
services provided by us (COLLECTIVELY, the “Service”), WHETHER IN WHOLE
OR IN PART, you are deemed to (A) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY
ABLE TO BE BOUND BY; and (B) AGREE TO BE BOUND BY and accept, thESE Terms OF
SERVICE, THE Privacy Policy and other POLICIES, TERMS OR DOCUMENTS PUBLISHED
AND AVAILABLE ON SNAPVERSE GAMES, AS MODIFIED AND UPDATED FROM TIME TO TIME, which
ARE EXPRESSLY INCORPORATED BY REFERENCE (theSE “Terms”).
1.2
If you are using our Service on
behalf of a company, association, partnership, organization or other entity,
whether in part or in whole, then you agree, represent, warrant and undertake that
(a) “you” and “your” includes you and the company,
association, partnership, organization or other entity that you represent; (b)
you are duly authorized by, and will remain authorized by, such company,
association, partnership, organization or other entity to agree on its behalf
and bind such company, association, partnership, organization or other entity
to these Terms; and (c) the company, association, partnership, organization or
other entity is legally responsible for your use of the Service as well as for the
use of your SNAPVERSE GAMES account (“Account”) by any other individual authorized
by such company, association, partnership, organization or other entity,
including without limitation any officers, directors, employees, agents and
advisors of such company, association, partnership, organization or other
entity.
1.3
you must carefully read AND FULLY
UNDERSTAND these Terms, including ANY terms that MAY exempt or restrict THE COMPANY’s LIABILITIES AND/OR responsibilities
and ANY terms that may restrict AND/OR WAIVE your rights, as they apply to your use of THE SERVICE. your use of THE service is conditional on
your acceptance of these terms. If you do not
agree with or accept thESE Terms, you SHALL not DOWNLOAD, INSTALL OR use SNAPVERSE
GAMES OR ANY OF the OTHER ServiceS.
1.4
In order
to provide better services, we reserve the right
to amend, replace and/or otherwise update these Terms from time to
time. We will use commercially reasonable endeavors, but do not
guarantee, to notify you of any material
changes to these Terms. For example, amendments to the Terms will be
notified to you the next time you login to your Account after the updated Terms
have become effective and you will have the option to review and agree to the
updated Terms. If you do
not agree with or accept the updated Terms, you will not be able to continue to
use SNAPVERSE GAMES or any of the other services. The
updated Terms shall
become effective and
replace the original Terms at the
time of posting on SNAPVERSE
GAMES. You shall review these
Terms regularly to
check for such
changes or agree to our updated Terms via clicking in-app notices, push messages or emails. You will be
deemed to have read, understood
and accepted the
updated Terms if you
continue to use
SNAPVERSE GAMES or any of
the other services.
1.5
If you reside or use the Service in
the country or region specifically mentioned under the section “Country /
Region Specific Provisions” below, these terms and conditions shall
specifically apply to you. In the event of a conflict between the relevant
terms in the section “Country / Region Specific Provisions” and the rest of
these Terms, the relevant country / region’s terms will supersede and control.
2.
Registration and Use
2.1
Your Eligibility
(a)
Anyone under the age of 16 or the
relevant legal minimum age in your country / region (“Minimum Age”)
shall not use the Service.
(b)
If you are under the Minimum Age (i.e. a minor), you may only use the Service if you have
obtained the verifiable written consent of your parent or legal guardian who
also agrees to be bound by these Terms. To the extent required under applicable
laws and regulations, it is your obligation to provide us with evidence of such
parental or legal guardian consent.
(c)
If you are a minor in your country
or region, your use of the Service may be subject to age restrictions, whether
imposed by us or any third-party vendor. You may be unable to use our services and/or
third-party vendor services, including collecting certain cash rewards earned
through the use of the Service, without the assistance of your parent or legal
guardian.
(d)
If you learn that a minor has
registered for an Account without first having obtained their parent or legal
guardian’s written consent, please alert us at game_service@snapversegames.com . We will promptly conduct verification processes, take steps to
remove such minor’s account information from SNAPVERSE GAMES and terminate the
minor’s Account.
2.2
License
(a)
We hereby grant you a non-exclusive,
non-sublicensable, non-transferable, personal, limited license to install and
use SNAPVERSE GAMES only on your smartphone, tablet, computer or other mobile
or wireless device (which must be designated by us as being compatible for use
with SNAPVERSE GAMES).
2.3
Account Registration
(a)
In order
to access SNAPVERSE GAMES, you are required to obtain an Account and become a user
of the Service (“User”). You can log
in SNAPVERSE GAMES using the user name and the password
you created and/or provide from time to time.
(b)
You shall
provide us with information and complete all the registration procedures
according to the instructions on the registration page. By creating an Account:
(i)
you undertake
to and shall provide true, accurate, up-to-date, and complete information as we
may from time to time request, and shall not provide
us with any false or misleading information;
(ii)
you
authorize us to assume that any person using SNAPVERSE GAMES with your user name and password is either you or is a person
authorized to act for you;
(iii)
you must
not impersonate or attempt to impersonate another person; and
(iv)
you must
safeguard any user name and password of your Account and keep them secret and
confidential.
2.4
Account Safety and Management
(a)
You undertake to, and shall, comply with
all applicable laws and regulations when you are using SNAPVERSE GAMES and any of
the Service.
(b)
If you authorize any person to act
for you in relation to the use of SNAPVERSE GAMES, you will ensure that they
comply with these Terms at all times.
(c)
You are responsible for ensuring
that your Account is secure. You are advised to take care of your Account and to log out
appropriately. You must secure the user
name and password associated with your Account and regularly change it.
(d)
Your Account can only be used by yourself
and you may not lend, give away or rent the Account or transfer, sell or share the
Account in breach of these Terms. You shall notify us immediately when your Account
is used without authorization. You can request us to suspend the login and use
of your Account. You shall provide valid personal identity information that is
consistent with the registered identity information of the Account upon our
request. Otherwise, we reserve the right to refuse your request. We will take
measures promptly to suspend the login and use of your Account if the valid
personal identity information you provide is verified to be consistent with the
registered identity information of the Account. Otherwise, the
unauthorized use will be treated as an act of you and you shall be solely
liable for all loss, damages and consequences arising therefrom, including but not
limited to online signatures of various agreements, release of information, purchase
of commodities and services as well as disclosure of information under these Terms.
If the use of your Account is deemed to threaten the safety of your Account,
the Accounts and/or information of other Users and/or the security or system
integrity of SNAPVERSE GAMES, we have the right to suspend and/or terminate your
Account and/or stop providing the Service immediately without notice to you at
our sole discretion.
(e)
We may immediately,
without notice terminate this Terms with you and suspend or terminate your Account
if (a) you have materially breached your obligations under these Terms or other
related documents; (b) you have violated applicable laws, regulations or third-party
rights; or (c) we believe in good faith that such action is reasonably necessary
to protect the personal safety or property of the Company, Users, or third parties.
(f)
You shall
not use SNAPVERSE GAMES and the Service to conduct money laundering and/or
terrorist financing activities in any way, shape or form. We will closely monitor
such acts and investigate any abnormal activity relating to any large amount of Virtual Items (defined in Section 5.1 below). We
reserve and you acknowledge that we have the right to suspend or terminate the Account.
We also reserve the right to cooperate with competent authorities, including but
not limited to conducting investigations,
collecting evidence of such money laundering and/or terrorist financing activities
and providing identity information and the transaction records of associated Accounts.
3.
Instructions of Conduct
3.1
You are solely
responsible for compliance with any and all laws, rules, regulations, and tax obligations
that may apply to your use of SNAPVERSE GAMES and shall not use SNAPVERSE GAMES
to upload, download, send or transmit sensitive information and information in violation
of applicable laws and regulations, including but not limited to information:
(a)
opposing the
basic principles defined by any national constitution or similar laws of your jurisdiction;
(b)
endangering
national security, divulging state secret, subverting state power, and undermining
national unity;
(c)
harming national
honor and interests;
(d)
inciting ethnic
hatred or ethnic discrimination and undermining ethnic solidarity;
(e)
undermining
national religious policies and customs;
(f)
spreading
rumors, disturbing social order and undermining social stability;
(g)
spreading
or otherwise justifying obscenity, eroticism, gambling, violence, homicide,
body injury, terror, instigating the crime or encouraging to commit any of the
above, or other actions that pose a threat to people’s lives or health, or
violent or cruel actions towards people or animals;
(h)
insulting
or slandering other people and infringing other people's legal rights and interests;
(i)
distributing
works not created by Users themselves which may involve copyright, patent, trademark,
trade secret or other intellectual or proprietary right disputes;
(j)
exploiting
minors;
(k)
spreading
information on the methods of manufacturing and use of drugs, psychotropic
substances and their precursors or encouraging to use any of them;
(l)
spreading
information on methods of committing suicide, as well as calls for suicide;
(m)
demonstrating
sexual acts;
(n)
containing
obscene language;
(o)
containing
pornographic content; and
(p)
containing
other content prohibited by laws and administrative regulations.
3.2
You shall
understand and undertake not to or not to allow anyone else to engage in the following
prohibited activities:
(a)
impersonating
others or organizations, falsely claiming to be connected with any one or entity,
including setting false Account name or accessing the Account of another User, or
maliciously using the registered Account to mislead other Users when registering
an Account or using SNAPVERSE GAMES and the Service, including but not limited to
uploading, publishing and transmitting information;
(b)
using SNAPVERSE
GAMES to transmit any information that is harassing, libelous, abusive, intimidating,
vulgar or obscene, or any other illegitimate information;
(c)
using the
Service for any unauthorized commercial or other purposes not expressly
permitted by these Terms, including without limitation spamming, unsolicited or
unauthorized advertisements, publicity materials, promotional materials or any other
commercial communications;
(d)
engaging in
any illegal activities or transactions, including teaching people how to commit
crimes, selling any illegal drugs, money laundering or defrauding;
(e)
providing
any advices, responses, comments, opinions, analysis or recommendations that
you are not properly licensed or otherwise qualified to provide;
(f)
engaging
in behavior to punish other users such as deducting virtual items if a user has
obtained them by violating the rules and banning the user's account if a user
has engaged in prohibited activities;
(g)
using or exploiting
any of the Company’s Intellectual Property Rights;
(h)
imitating
SNAPVERSE GAMES’ appearance design and functions;
(i)
accessing
SNAPVERSE GAMES and the Service and collecting or processing content made available
through SNAPVERSE GAMES and the Service by using any automatic program, software,
engine, web crawler, web page analytics tool, data mining tool or similar tools;
(j)
decompiling,
reverse compiling or reverse engineering any of the software used by SNAPVERSE
GAMES and the Service or seeking to do any of the foregoing, including determining
or attempting to determine any source code, algorithms, methods or techniques
embodied by the Service or any derivative works thereof;
(k)
distributing
materials containing viruses, network worms, Trojan horse viruses, corrupted files
or other malicious codes or items that disturb, destroy or restrict the functions
of computer software, hardware or communication devices, SNAPVERSE GAMES and the
Service, or servers and networks connected with SNAPVERSE GAMES and the Service;
(l)
collecting
or storing personal data about other Users;
(m)
without
our written consent, distributing, licensing, transferring, or selling, in
whole or in part, any of the Service or any derivative works thereof;
(n)
creating multiple
Accounts for disruptive or abusive purposes, or maliciously uploading large amounts
of repetitive and invalid data and information;
(o)
engaging in
any actions undermining the fairness of the SNAPVERSE GAMES platform and/or the
Service, or other actions disturbing the proper normal order of the application,
such as disrupting our website or any networks connected to the Service,
bypassing any measures we may use to prevent or restrict access to the Service,
trading reviews with other Users or writing or soliciting fake reviews, proactive
or passive score cheating, collaborative cheating, using plug-ins, other cheating
software or bugs to obtain improper illegal interests, or leveraging the Internet
or otherwise to bring plug-ins, cheating software and bugs to the public;
(p)
without
our authorization, removing any watermark of the “SNAPVERSE GAMES” brand
displayed in or along with the Service or any content made available through SNAPVERSE
GAMES;
(q)
without
our authorization, making reference to the “SNAPVERSE GAMES” brand for any
promotional, advertising or commercial purposes, including using phrases such
as “in partnership with SNAPVERSE GAMES” and “co-produced with SNAPVERSE GAMES”
via any channel or media including but not limited to independently-operated
social media accounts. For the avoidance of doubt, you may mention any programs
themselves in a promotion campaign but not mention their connections with SNAPVERSE
GAMES or make promotions with “SNAPVERSE GAMES” brand in campaigns and
promotion of collaboratively-produced programs. You must secure our written
approval for any publicity articles containing the brand “SNAPVERSE GAMES”.
Otherwise, you shall indemnify us, our parent
companies, subsidiaries, and affiliates, and each of our respective officers,
directors, employees, agents and advisors from any and all claims, demands
and/or damages arising therefrom; and
(r)
violating
any applicable laws, regulations, rules, articles and other norms with legal effect.
All rights granted to you under these Terms will terminate
immediately in the event that you are in breach of any of the above.
3.3
We make or give no condition,
representation, warranty or guarantee as to the accuracy, completeness,
currency, correctness, reliability, integrity, quality, fitness for purpose or
originality of any content or information made available to you through SNAPVERSE
GAMES and any of the other Service (the “Content”)
and, to the fullest extent permitted by applicable laws, all implied warranties,
conditions or other terms of any kind are hereby excluded. SNAPVERSE GAMES and
our Service may display Content that is not
produced or owned by the Company and is for general information purposes only. This
Content is the sole responsibility of the person that makes it available. You
should check any Content and exercise your own judgement before acting upon any
of the Content. You must evaluate, and bear all risks associated with, the use
of any Content, including reliance on the accuracy, completeness or usefulness
of any Content. You agree that your accessing and
viewing of such Content is at your own risk. In case of doubt, you should seek
your own independent advice with respect to any Content.
3.4
We
cannot and do not guarantee that any Content will be free from viruses and/or
other code that may have contaminating or destructive
elements. It is your responsibility to implement appropriate information
technology security safeguards (including anti-virus and other security checks)
to satisfy your particular requirements as to the safety and reliability of SNAPVERSE
GAMES and the Content made available through it. Please ensure that your
device, its operating system, and SNAPVERSE GAMES are completely up to date
with all available security software, patches and updates.
3.5
If
your use of SNAPVERSE GAMES results in the need for servicing or replacing
property, material, equipment or data, we will not be responsible for such
costs.
3.6
We have
the right but not the obligation to review, monitor, examine and verify the Content
uploaded or published by you or other Users for compliance with applicable laws
and regulations, requirements of competent governmental authorities and our internal
policies. In addition to complying with the
content removal orders from relevant judicial or administrative authorities or
requests of the Users or any third persons, in response to complaints from
other Users or any third parties, or if we, in our sole discretion, believe that
any Content does not comply with these Terms, we may take any measures, including
without limitation of removing or refusing to display such Content.
4.
Commercial Behaviors
4.1
You
understand and hereby agree that revenue and value may be generated by your use
of SNAPVERSE GAMES, via ways including without limitation our sales of advertisement,
broadcasting service in SNAPVERSE GAMES, cooperation with other third party,
etc. Subject to these Terms, our express written consent and/or agreement with
you, you agree that you:
(a)
are not entitled
to share such revenue and/or value;
(b)
are not entitled to receive any
payment and/or other consideration from any Content you uploaded to SNAPVERSE
GAMES; and
(c)
are not entitled to engage in
activities to monetize any Content you uploaded to SNAPVERSE GAMES, including
without limitation publishing advertisements in violation of these Terms.
4.2
The Company
provides formal and special channels for advertisements publication through SNAPVERSE
GAMES and the Service, and will examine and verify such advertisements. You are
prohibited from publishing commercial information (including but not limited to
any advertising materials, sales materials, etc.) on SNAPVERSE GAMES other than
the advertisements published through the aforesaid SNAPVERSE GAMES’ formal and special
channels. If you are in breach of the above provision, we reserve the right to take
any actions, including without limitation restricting or prohibiting you from using
the Service wholly or partially, suspending or terminating your Account, or keeping
the related information and delivering or reporting to related authorities.
4.3
You agree
and authorize us to publish any commercial advertisements or any other types of
commercial information (including but not limited to publish advertisements on any
pages of SNAPVERSE GAMES) to you while providing the Service and you agree and authorize
us to send you sales and other commercial information using contact information
provided by you to us for the purposes of registration and maintenance of the Account
(including your email, phone number and other contact information).
4.4
Your
correspondence or dealings with, or participation in promotions of, any third-party
advertiser on SNAPVERSE GAMES are solely between you
and such advertisers. We will not be liable or responsible for any loss or
damage of any sort incurred as a result of any such dealings or as a result of
the presence of advertisements on SNAPVERSE GAMES.
5.1
For the
purposes of promoting and developing SNAPVERSE GAMES,
we may initiate SNAPVERSE GAMES’ incentive programs within our Service (the “Incentive Program”), which includes virtual
items such as [skins, items , emojis etc.] (“Virtual
Items”) and game coins ( “Game Coins”)SNAPVERSE GAMES. You irrevocably acknowledge and agree we have
the absolute right to, in our sole discretion, manage, modify, update and/or
cancel, the whole or part of the Incentive Program from time to time, whether
in specific or general cases, including without limitation certain features for
our Service.
5.2
For the avoidance of doubt, Virtual
Items and Game Coins within SNAPVERSE GAMES shall be used solely within SNAPVERSE
GAMES as part of our Service and shall not be used or be transferred, assigned,
sold beyond SNAPVERSE GAMES in any way, including without limitation be
exchanged for any legal currency of any country or region.
5.3
[All Users can purchase
Virtual
Items and Game Coins via the payment channels of
Apple, Google or any other payment channel available to you within SNAPVERSE
GAMES. Price and currencies for purchasing Virtual
Items and Game Coins would be
specified in-app when you make the purchase. Transaction fees, foreign currency
exchange fees or other fees may be charged by the payment service provider
based on your agreement with the payment service provider and shall be borne by
you.
5.4
Your Account would be credited with the
Game Coins upon completion of your purchase and payment. Your Game Coins may
not be transferred to any other User of the Service or any third party except
as otherwise provided in these Terms or with our express written consent.
5.5
Virtual Items may be exchanged with Game
Coins, the exchange rate of which would be provided within SNAPVERSE GAMES at
the time of exchange. Virtual Items would be credited to your Account once the
exchange is completed and the corresponding amount of Game Coins would be
deducted from your Account.SNAPVERSE GAMESSNAPVERSE GAMESSNAPVERSE GAMESSNAPVERSE
GAMES
5.6
All sales or exchange of Virtual
Items are final and cannot be refunded.
5.7
SNAPVERSE GAMES has the sole right
to adjust/modify the Virtual Items. The validity of any Virtual Items purchased
is based on the period shown to you at the time of purchase or as at the
termination of this Agreement (in case the Services are to be terminated).
5.8
You agree that all taxes and fees (including
any related penalties or interest) arising out of and/or related to using of
our Service, including our payment services or purchasing and exchanging
Virtual Items, would be borne and paid by you. To the extent we are required by
applicable laws to withhold certain tax and/or fees, we shall do so with or
without notice to you and you agree to provide necessary assistance in order
for us to fulfill such obligations, including by providing necessary
information and documents.
5.9
All Virtual Items of an Account
would be suspended or terminated once the Account is suspended or terminated under
these Terms. All Virtual Items do not constitute real or personal property and
are not transferable: (a) upon death; (b) as part of a domestic relations
matter; or (c) otherwise by operation of law or equity.
5.10
You irrevocably acknowledge and
agree that violation of this Section 5,
including without limitation spamming and making fraudulent transactions,
constitutes a severe violation of these Terms and we are entitled to regulate,
control, manage, suspend and/or terminate the applicable Account, including all
Virtual Items, in our sole discretion as we deem appropriate and we will not be
liable to you for any loss or damage of any sort incurred as a result of us
exercising such right.
6.
Intellectual
Property Rights and Content
6.1
Service
(a)
Except for your User Content, as between you and the Company, the Company
or its applicable licensors own all right, title and interest in and to the
Service, including any
and all trademarks, service marks, trade names, trade dress, works of
authorship and art, copyrights and copyrightable materials (including without limitation
titles, computer code, designs, catch phrases, locations, and any related
documentation), music, lyrics, domain names, ideas, logos, submissions,
writings, concepts, themes, places, moral rights, rights of publicity,
packaging, personality and privacy rights, utility models, other industrial or
intangible property rights of a similar nature, and all other forms of
intellectual property rights recognized by applicable laws, treaties, and
conventions, and all inventions, software, technology that are patentable in
such matter, including patents, utility models, know-how and trade secrets, all
grants and registration worldwide in connection with the foregoing and all
other rights with respect thereto existing other than pursuant to grant or
registration, all applications for any such grant or registration, all rights
of priority under international conventions to make such application and the
right to control their prosecution, and all amendments, constitutions,
divisions and continuations of such applications, and
all corrections, reissues, patents of addition, extensions and renewals of any
such grant, registration or right (collectively “Intellectual Property
Rights’).
(b)
Using our Service does not give you
ownership of any Intellectual Property Rights in our Service or the Content you
access, including the following which may be provided by Company, Company’s
licensors or other Users of the Service: content, software, images, text,
graphics, illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music, etc. You may not use content from our
Service unless you obtain permission from its owner or are otherwise permitted
by law. You may not remove, obscure, or alter any legal notices displayed in or
along with our Service.
(c)
The
Company name, and the “SNAPVERSE GAMES” name are trademarks of the Company and
its affiliates. You may not use the “SNAPVERSE
GAMES” brand such as by indicating “in partnership with SNAPVERSE GAMES” and/or
“co-produced with SNAPVERSE GAMES” via any channel or media including but not
limited to self-media. You can only mention the applications themselves in a
promotion campaign rather than suggesting or implying your connections with SNAPVERSE
GAMES or making promotions with the “SNAPVERSE GAMES” brand without our
authorization. You may not use the “SNAPVERSE GAMES” name or logo without our
prior written consent.
6.2
Feedback
We welcome feedback, comments and
suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any
contribution of Feedback does not and will not give or grant you any right,
title or interest in the Service or in any such Feedback. All Feedback becomes
the sole and exclusive property of the Company, and the Company may use and disclose
Feedback in any manner and for any purpose whatsoever without further notice or
compensation to you and without retention by you of any proprietary or other
right or claim. You hereby assign to the Company any and all right, title and
interest (including, but not limited to, any patent, copyright, trade secret,
trademark, show-how, know-how, moral rights and any and all other intellectual
property rights) that you may have in and to any and all Feedback.
6.3
License
(a)
Subject
to the terms and conditions of the Terms, you are hereby granted a
non-exclusive, limited, non-transferable, non-sublicensable, revocable license
to access and use SNAPVERSE GAMES and the Service and to download and install a
single copy of SNAPVERSE GAMES’ mobile application made available as part of
the Service onto your own personal mobile device. Company reserves all rights
not expressly granted herein in the Service. You acknowledge and agree that we
may terminate this license at any time with or without cause.
(b)
The
content on SNAPVERSE GAMES is provided for general information only and not for
commercial use. It is not intended to amount to advice on which you should
rely. You must obtain
professional or specialist advice before taking, or refraining from, any action
on the basis of the content on our Service.
We make no representations, warranties or guarantees, whether express or
implied, that any Service Content is accurate, complete or up to date.
6.4 User Content and Rights Therein
(a)
The
Company respects and encourages you to upload original content, and we will
take measures to protect your intellectual property rights.
(b)
You
hereby represent and warrant that you are the copyright owner or you have
received all necessary authorization, approval, licensing, rights and/or
clearances from copyright owner of the Content (including but not limited to
text, words, pictures, videos, audios, live shows etc.) that is uploaded,
published or transmitted on the Service by you through your Account (the “User
Content”) in accordance with this Terms. Whenever you submit User Content
to or through the Service, you must ensure that your User Content and your
conduct comply with these Terms.
(c)
We
have the right but not the obligation to review, monitor, examine and verify
your User Content for compliance with applicable laws and regulations,
requirements of competent governmental authorities and our policies. If
we, in our sole discretion, believe that your User Content does not comply with
these Terms or in response to complaints from other Users or a third party, we
reserve the right to take any measures to address this, including without
limitation to delete, alter, move, remove, or transfer such User Content, with
no liability of any kind to you, to the maximum extent permitted by applicable
laws. We do not provide or guarantee, and expressly disclaim, any value, cash
or otherwise, attributed to any data residing on servers operated or controlled
by or on behalf of us, including any data attributed to your account.
(d)
By
using the Service and whenever you submit User Content to or through SNAPVERSE
GAMES, you grant, or will procure the grant to, us and our affiliates a
worldwide, royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable,
transferable and perpetual license (but not an obligation) to (i) display the User Content within the Service; (ii) allow
other Users of the Service to view, access, play and download the User Content
subject to your privacy choices, (iii) use, host, store, reproduce, modify,
create derivative works (such as those resulting from translations, adaptations
or other changes we make so that your User Content works better with our
Service), communicate, publish, publicly perform, publicly display and
distribute the User Content uploaded or published by you on SNAPVERSE GAMES or
in any media formats without compensation to you or others, (iv) and pass these
rights along to service providers and others with whom we have contractual
relationships related to the operation of the Service (e.g., cloud hosting
providers) and to otherwise permit access to or disclose your User Content to
the extent specifically set forth in the Terms.
(e)
We
respect intellectual property rights and ask you to do the same. As a condition
of your access to and use of the Service, you agree not to use the Service to
infringe on any Intellectual Property Rights. We reserve the right, with or
without notice, at any time and in our sole discretion to block access to
and/or terminate the accounts of any User who infringes or is alleged to
infringe any Intellectual Property Rights.
(f)
The
license will not affect your rights in the related User Content; but you should
ensure that you are the owner of or you have acquired the license of all the
User Content uploaded by you on SNAPVERSE GAMES, which shall not infringe any
rights of others. If any intellectual property rights owner informs the Company
about any copyright infringement behaviors, the Company has the right to delete
the related Content and will inform you later if possible, and you shall be
liable for any damages or other consequences caused by such infringement.
(g)
The
whole or part of User Content provided by one User of the Service may be
extracted by another User to produce additional User Content, subject to in-app
prior approval from the original User, where applicable. When you choose to
transmit or upload User Content, which might include content generated by other
Users of the Service and/or SNAPVERSE GAMES, to other platform or website
operated by other third party, you shall do so in compliance with this Terms
and user agreement of such other platform or website.
(h)
You
acknowledge and agree that User Content will be considered non-proprietary and
non-confidential. You must not upload or transmit any User Content that you
consider to be proprietary or confidential. In SNAPVERSE GAMES’ in-app setting,
you can decide and control to what extent your User Content is available,
whether to all other Users of the Service, certain Users you select or only to
yourself, subject to in-app features and functions available in SNAPVERSE GAMES.
(i)
You
acknowledge and agree that we are not the source of, do not verify or endorse,
and are not responsible in any manner for User Content, that you are solely
responsible to retain adequate back-ups of User Content, that you assume all
risks associated with User Content and whenever you make available User Content
through the Service, and that you have the sole responsibility for the accuracy,
quality, integrity, legality, reliability, and appropriateness of User Content.
(j)
You
acknowledge and agree that we and our affiliate companies may preserve Content,
including User Content, and may also disclose Content, including User Content,
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to,
among other things:
(i)
comply with legal process,
applicable laws, and lawful requests from government and/or law enforcement
agency;
(ii)
enforce these Terms;
(iii)
respond to claims that any content
violates the rights of third parties; or
(iv)
protect our rights, property and/or
the personal safety of our Users and/or the public.
(k)
You understand that even if you
delete your User Content from the Service, it may remain available to other Users of the Service
– for example, we may not be able to prevent any other Users from storing or
archiving any of your User Content that you have shared via the Service.
(l)
We reserve the right to moderate, block or remove, with or without
notice to you, your User Content for any reason, including, in our opinion your
User Content violates these Terms, or as may be required by applicable laws and
regulations.
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU
CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO
AS A CONSUMER.
7.1
Your use of the Service is entirely
at your own risk after having carefully considered these Terms and having fully
understood its implications on your legal rights.
7.2
We make no representations,
warranties or guarantees, whether express or implied, that any Service Content is
accurate, complete or up to date.
7.3
Where our Service contains links to
other sites and resources provided by third parties, these links are provided
for your information only. We have no control over the contents of those sites
or resources. Such links should not be interpreted as approval by us of those
linked websites or information you may obtain from them. You acknowledge that
we have no obligation to pre-screen, monitor, review, or edit any content
posted by you and other Users on the Service, such as comments relating to the
Service.
7.4
The Service is provided “as is” and
we make no warranty or representation to you with respect to it. In particular
we do not represent or warrant to you that:
· your use of the Service will meet your requirements;
· your use of the Service will be uninterrupted, timely,
secure or free from error;
· any information obtained by you as a result of your use
of the Service will be accurate or reliable; and
· defects in the operation or functionality of any
software provided to you as part of the Service or website will be corrected.
7.5
No conditions, warranties or other
terms (including any implied terms as to satisfactory quality, fitness for
purpose or conformance with description) apply to the Service except to the
extent that they are expressly set out in the Terms. We may change, suspend,
withdraw or restrict the availability of all or any part of our Service for
business and operational reasons at any time without notice.
8.
Liabilities &
INDEMNITIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES
WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAWS.
8.1
You agree to defend, indemnify, and
hold harmless us, our parent companies, subsidiaries, and affiliates, and each
of our respective officers, directors, employees, agents and advisors from any
and all claims, liabilities, costs, and expenses, including but not limited to
attorneys' fees and expenses, arising out of (a) any breach by you or any User
of your Account of these Terms, including your use of the Service, your
obligations, and representation and warranties herein; (b) your violation of
any applicable laws and regulations; (c) your User Content; or (d) your
negligence or willful misconduct.
8.2
If you
violate or are suspected of violating any laws, regulations, these Terms, and
other policies applicable to your use of the Service, the Company has the right
to take all necessary measures (including but not limited to detaining the
balance of your Account, blocking your Account, revoking your broadcast rights
or reporting to the security authorities, etc.) immediately without notice, in
order to reduce or eliminate the influence.
8.3
To the
fullest extent permitted by law, you acknowledge and agree that any claim or
dispute you have with any other third party in connection with the Service
(including any other User of the Service or any third-party provider of
materials or links appearing on the Service) is between you and such third
party and you irrevocably agree to release and hold harmless us from any and
all claims, demands and/or damages arising out of such claim or dispute.
8.4
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(a)
ANY LOSS OF PROFIT (WHETHER INCURRED
DIRECTLY OR INDIRECTLY);
(b)
ANY LOSS OF GOODWILL;
(c)
ANY LOSS OF OPPORTUNITY;
(d)
ANY LOSS OF DATA SUFFERED BY YOU;
(e)
ANY INDIRECT OR CONSEQUENTIAL LOSSES
WHICH MAY BE INCURRED BY YOU; OR
(f)
ANY LOSS OR DAMAGE WHICH MAY BE
INCURRED BY YOU AS A RESULT OF:
(i)
ANY RELIANCE PLACED BY YOU ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;
(ii)
ANY CHANGES WHICH WE MAY MAKE TO THE
SERVICE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE
SERVICE OR WEBSITE (OR ANY FEATURES WITHIN);
(iii)
THE DELETION OF, CORRUPTION OF, OR
FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE OR WEBSITE;
(iv)
YOUR FAILURE TO PROVIDE US WITH
ACCURATE ACCOUNT INFORMATION; OR
(v)
YOUR FAILURE TO KEEP YOUR PASSWORD
OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
OUR TOTAL LIABILITY TO YOU, WHETHER BASED ON AN
ACTION OR CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY
DUTY OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS OR SERVICE,
WILL BE LIMITED TO, THE GREATER OF: (I) US$100, OR (II) THE AMOUNT OF PAYMENT
MADE BY YOU TO US IN THE PAST 12 MONTHS, UNLESS OTHERWISE MANDATORILY REQUIRED BY APPLICABLE
LAWS. PLEASE NOTE THAT WE ONLY PROVIDE THE SERVICE FOR
PERSONAL, NON-COMMERCIAL USE. UNLESS YOU HAVE OUR EXPRESS WRITTEN CONSENT, YOU
AGREE NOT TO USE THE SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE
HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF
GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
OPPORTUNITY.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE
HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH
LOSSES ARISING.
You are responsible for any charges that may apply to your use of our
Service, including text-messaging and data charges if you access or use our
Service on your mobile device. If you’re unsure what those charges may be, you
should ask your service provider before using the Service.
9.
Your Personal Information
We collect and process personal data
of Users of SNAPVERSE GAMES. All personal data is handled in accordance with
our
Privacy Policy.
10.
Sensor Technology
You acknowledge and agree that we
are not responsible for the Touch ID, fingerprint authentication or similar
sensor or biometric technology (where available) on the device you access
and/or use SNAPVERSE GAMES with and we expressly exclude any statutory or other
warranty, condition, term or undertaking as to the quality, accuracy or
performance of such Touch ID, fingerprint authentication or similar sensor or
biometric technology as a means for securing access to and using SNAPVERSE
GAMES and/or the Service.
11.
Third-Party
Providers
11.1
You acknowledge that certain parts
of SNAPVERSE GAMES or certain Content made available through SNAPVERSE GAMES
(other than the User Content) are provided or maintained by third parties and not
by us, including payment services. By using the Service, you acknowledge and
agree that we are not responsible for examining or evaluating the content,
accuracy, completeness, availability, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect of any such third-party
content or services.
11.2
Prior to access or use of any
payment services, you may be required to update SNAPVERSE GAMES to the latest
version or enable or activate any password or authentication measures or provide
password or authentication credentials for such measures. You shall keep your
password or authentication credentials secure and confidential at all times.
11.3
We do not guarantee the quality,
reliability or suitability of the services provided by any third parties, made
available, advertised or linked through SNAPVERSE GAMES, and we will bear no
responsibility for your use of or relationship with the services provided by
any third parties. If you access third-party services through SNAPVERSE GAMES,
you must comply with any terms and conditions applicable to those services.
11.4
You agree that, we will not be
liable or responsible for any loss or damage of any sort incurred as the result
of any correspondence or dealing solely between you any third party.
11.5
We may review content or third-party
services made available through SNAPVERSE GAMES to determine whether or not
they comply with any of our policies, applicable laws and regulations or are
otherwise objectionable. We may remove or refuse to make available or link to
certain content or third-party services if they infringe intellectual property
rights, are obscene, defamatory or abusive, violate any rights or pose any risk
to the security or performance of the Service.
12.
External
Links
12.1
To the extent where SNAPVERSE GAMES
contains any link to other websites or resources, the following provisions
would apply:
(a)
Although these websites or resources
are selected with care, we are not responsible for the content or accuracy of
any off-site pages or any other sites or resources linked to this SNAPVERSE
GAMES (including those sites or resources linked through advertisements or
through any search engines).
(b)
We are also not responsible for the
processing of your personal data through these websites or resources.
(c)
The fact that we include links to
such external websites and resources does not imply any endorsement of, or
association with such operators, content or opinions. Your use of websites or
resources linked from SNAPVERSE GAMES is subject to any terms and conditions
applicable to those websites or resources.
13.1
To the fullest extent permitted by applicable
laws and regulations, the validity, interpretation, modification, supplement,
termination, execution of these Terms and any dispute or claim resulting from or
in connection with these Terms will be governed by and construed in accordance
with the laws of Singapore, provided that nothing shall prevent us from
bringing proceedings to protect our Intellectual Property Rights before any
competent court in any other jurisdiction.
13.2
Any dispute, controversy or claim (whether
in contract, tort or otherwise) arising out of, relating to, or in connection with
these Terms, including their existence, validity, interpretation, performance, breach
or termination, will be referred to and finally resolved by arbitration administered
by the Singapore International Arbitration Centre (“SIAC”) under the SIAC rules then in force when the Notice of Arbitration
is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator
only. The arbitration proceedings will be conducted in English.
13.3
Any disputes arising from or
relating to the interpretations or performance of these Terms shall be firstly
settled through friendly and amicable negotiation between you and the Company.
13.4
The signature, validity,
interpretation, modification, supplement, termination, execution and dispute
resolution of this Agreement shall be governed by the laws of Singapore; where
the laws are silent, common business practices and/or industry practices will
be referred to.
14.
Miscellaneous
14.1
Entire
Agreement. These Terms constitute the whole
legal agreement between you and the Company and govern your use of the Service
and completely replace any prior agreements between you and the Company in
relation to the Service.
14.2
Severability. If any court of law, having jurisdiction to decide on this matter,
rules that any provision of these Terms is invalid, then that provision will be
removed from the Terms without affecting the rest of the Terms, and the
remaining provisions of the Terms will continue to be valid and enforceable.
14.3
No Waiver. The failure of either you or us to exercise or enforce any right or
remedy of these Terms will not constitute a waiver of such right or remedy, nor
shall it prevent or restrict the further exercise of that or any other right or
remedy. No single or partial exercise of such right or remedy shall prevent or
restrict the further exercise of that or any other right or remedy. Any waiver of
any provision of these Terms will be effective only if in writing and signed by
the relevant party.
14.4
Survival. Upon termination of these Terms, any provision which, by its nature
or express terms should survive, including but not limited to any obligations
in relation to the liability of, or indemnities (if any) given by, the
respective parties, will survive such termination or expiration.
14.5
Links. You must not establish a link to SNAPVERSE GAMES in any website or
application that is not owned by you. We reserve the right to withdraw linking
permission without notice.
14.6
Security. We do not guarantee that our Service be secure or free from bugs
or viruses. You are responsible for configuring your information technology,
computer programmes and platform to access SNAPVERSE
GAMES. You should use your own virus protection software.
14.7
Amendment. No amendment, variation or waiver of these Terms shall be effective
unless it is in writing and duly executed by or on behalf of all of the parties
to these Terms. No variation shall constitute a general waiver of any provision
of these Terms, and the rights and obligations of the parties under these Terms
shall remain in full force and effect save and only to the extent that they are
so varied. Any variation made shall not affect any rights or obligations under
these Terms which has been accrued up to the date of said variation.
14.8
Assignment and
Transfer. You may not assign or transfer these
Terms, by operation of law or otherwise, without our express prior written
approval. Subject to that restriction, these Terms will be binding on, inure to
the benefit of, and be enforceable against the parties and their respective
successors and assigns. Any attempt to assign in violation of this section is
void in each instance. We may freely assign or transfer these Terms or our
rights and obligations under these Terms, in whole or in part, without your
prior consent or prior notice to you, (a) to any of our affiliates; or (b) in
connection with any merger, consolidation, reorganization, sale of all or
substantially all of our assets or any similar transaction.
14.9
Third Party
Rights. A person who is not a party to these
Terms has no right to enforce any provision of these Terms.
14.10
Prevailing
Language. These Terms are drafted in the
English language. If these Terms are translated into any language other than
English, the English version shall prevail to the extent of any inconsistency,
unless otherwise required under applicable laws and regulations and unless
otherwise specified in the section “Country / Region Specific Provisions”
below.
14.11
Force Majeure. The Company has no liability for any damages due to maintenance
or connection failure of the information network equipment, failure of computer,
communication or other systems, hacker activities, computer viruses, power
failure, strike, revolt, fire, flood, storm, explosion, war, act of government,
force majeure, pandemic, epidemics, order of judicial and administrative
authorities or any other third-party reasons.
14.12
Apple. The following terms and conditions apply to you only if you are
using the Service from the Apple App Store. To the extent the other terms and
conditions of these Terms are less restrictive than, or otherwise conflict
with, the terms and conditions of this paragraph, the more restrictive or
conflicting terms and conditions in this paragraph apply, but solely with
respect to the Service from the Apple App Store. You acknowledge and agree that
these Terms are solely between you and the Company, not Apple, and that Apple
has no responsibility for the Service or Content thereof. Your use of the
Service must comply with the App Store’s applicable terms of use. You
acknowledge that Apple has no obligation whatsoever to furnish any maintenance
and support services with respect to the Service. In the event of any failure
of the Service to conform to any applicable warranty, you may notify Apple, and
Apple will refund the purchase price, if any, for the Service to you. To the
maximum extent permitted by applicable laws, Apple will have no other warranty
obligation whatsoever with respect to the Service, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be solely governed by these Terms. You and the
Company acknowledge that Apple is not responsible for addressing any claims of
yours or any third party relating to the Service or your possession and/or use
of the Service, including, but not limited to: (a) product liability claims;
(b) any claim that the Service fails to conform to any applicable legal or
regulatory requirements; and (c) claims arising under consumer protection or
similar legislation. You and the Company acknowledge that, in the event of any
third-party claim that the Service or your possession and use of the Service
infringes that third party’s intellectual property rights, the Company, not
Apple, will be solely responsible for the investigation, defense, settlement
and discharge of any such intellectual property infringement claim to the
extent required by these Terms. You must comply with applicable third-party
terms of agreement when using the Service. You and the Company acknowledge and
agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of
these Terms as they relate to your use of the Service, and that, upon your
acceptance of these Terms, Apple will have the right (and will be deemed to
have accepted the right) to enforce these Terms against you as a third-party
beneficiary thereof.
15.
Contact Information
15.1
If you have any complaints,
suggestions or other questions on these Terms, please contact us via in-app
access for feedback or complaints or through email at game_service@snapversegames.com. We will review the issues involved as soon as possible and reply
to you in a timely manner after verifying your identity.
16.
Country / Region Specific Provisions
If
you reside or use the Service in the countries / regions below, the following
terms shall apply to you.
BRAZIL
Clauses
1 and 2 of Article 13
shall apply to the extent that they are consistent with the national
sovereignty or public policy of the Federative Republic of Brazil or good
morals as understood from time to time in Brazil.
EGYPT
As an Egyptian consumer, you
have certain rights under the Egyptian Consumer Protection Law:
- The right to health and safety upon the normal use of the Service.
- The right to obtain correct information and data of the Service
used by or offered to you.
- The right to personal dignity and respect of religious values
and practices and norms.
- The right to obtain information related to the protection of
your consumer’s rights and legitimate interests.
- The right to join organizations, councils and committees
engaged in consumer protection.
- The right to bring legal actions for any matter related to
the violation of your consumer’s rights, or prejudice or restriction to
such rights, with expeditious and easy procedures at no cost.
- The right to obtain a fair compensation for the prejudice
caused to you as a result of receiving our Service.
KINGDOM OF SAUDI ARABIA
If
you are under the age of 18, you may only use and register for an Account
through the representation of your parent or legal guardian, and your parent or
legal guardian hereby represents you and accepts these Terms.
Notwithstanding anything to the contrary in these
Terms, nothing in these Terms shall exclude or limit our or your liability for
any liability which cannot be excluded or limited by applicable laws.
UNITED ARAB EMIRATES
If
you are under the age of 21, you may only use and register for an Account
through the representation of your parent or legal guardian, and your parent or
legal guardian hereby represents you and accepts these Terms.
[As a condition of participating in the Incentive Program
and being eligible to receive monetary compensation as described herein, you
must comply with applicable laws including, without limitation, having and
maintaining all requisite regulatory approvals, licences, consents,
rights and permits from the National Media Council or relevant regulatory
authority.]
Notwithstanding anything to the contrary in these
Terms, nothing in these Terms shall exclude or limit our or your liability for
any liability which cannot be excluded or limited by applicable law.
UNITED STATES
THIS SECTION INCLUDES AN
ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT WILL IMPACT ANY DISPUTE
RESOLUTION. PLEASE CLICK HERE TO READ THE ARBITRATION CLAUSE AND HERE FOR THE CLASS ACTION WAIVER.
- Applicable
Laws and Jurisdiction. These Terms, their subject matter and their
formation, including any arbitration proceeding outlined below, are
governed by California law.
- ARBITRATION AND CLASS ACTION
WAIVER
- This
Section includes an arbitration agreement and an agreement that all
claims will be brought only in an individual capacity (and not as a class
action or other representative proceeding). Please read it carefully. You
may opt out of the arbitration agreement by following the opt out
procedure described below.
- Arbitration Agreement. Any dispute,
controversy, or claim (collectively, “Claim”) relating in any way
to your use of the Service, or relating in any way to the communications
between you and the Company or any other User of the Service, will
be finally resolved by binding arbitration. This mandatory arbitration
agreement applies equally to you and the Company. However, this
arbitration agreement does not (a) govern any Claim by the Company for
infringement of its Intellectual Property Rights or access to the Service
that is unauthorized or exceeds authorization granted in these Terms; or
(b) bar you from making use of applicable small claims court procedures
in appropriate cases. If you are an individual, you may opt out of this
arbitration agreement within thirty (30) days of the first of the date
you access or use the Service by following the procedure described below.
- You
agree that the U.S. Federal Arbitration Act governs the interpretation
and enforcement of this provision, and that you and the Company are each
waiving the right to a trial by jury or to participate in a class action.
This arbitration provision will survive any termination of these Terms.
- The arbitration
will be administered by JAMS under
its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect
(those rules are deemed to be incorporated by reference into this
section, and as of the date of these Terms).
- Payment for any and all
reasonable JAMS filing, administrative and arbitrator fees will be in
accordance with the JAMS Rules. If the value of your claim does not
exceed $10,000, the Company will pay for the reasonable filing,
administrative and arbitrator fees associated with the arbitration,
unless the arbitrator finds that either the substance of your claim or
the relief sought was frivolous or brought for an improper purpose.
- The arbitrator,
and not any federal, state, or local court, will have exclusive authority
to resolve any dispute relating to the interpretation, applicability,
unconscionability, arbitrability, enforceability, or formation of this
arbitration agreement, including any claim that all or any part of this
arbitration agreement is void or voidable. However, the preceding
sentence will not apply to the “Class Action Waiver” section below.
- If you do not
want to arbitrate disputes with the Company and you are an individual,
you may opt out of this arbitration agreement by sending an email to game_service@snapversegames.com
within thirty (30) days of the first of the date you access or use the
Service.
- CLASS ACTION
WAIVER:
ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS,
COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING
(“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY
CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE
ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS
OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT
A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS
ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE
DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN
ARBITRATOR. THE PARTIES UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT,
TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, OR TO BE A PARTY TO A CLASS OR
REPRESENTATIVE ACTION, IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED
INDIVIDUALLY, THROUGH ARBITRATION.
- If this class
action waiver is found to be unenforceable, then the entirety of the
Arbitration Agreement, if otherwise effective, will be null and void. The
arbitrator may award declaratory or injunctive relief only in favor of
the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party's individual claim. If for any
reason a claim proceeds in court rather than in arbitration, you and the
Company each waive any right to a jury trial.
- If you are a
copyright owner or an agent thereof and believe any content provided
through the Service infringes upon your copyrights, you may submit a
notification of claimed infringement under the Digital Millennium
Copyright Act (“DMCA”) by providing notice to game_service@snapversegames.com
containing the following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of a
copyright that is allegedly infringed; (b) a description of the
copyrighted work that you claim has been infringed; (c) a description of
where the material that you claim is infringing is provided through the
Service; (d) your address, telephone number, and email address; (e) a
written statement that you have a good faith belief that use of the
material is not authorized by the copyright owner, its agent, or the law;
and (f) a statement, under penalty of perjury, that the information in
the notification is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf. You acknowledge that if you fail to
comply with all of the above requirements of this Section, your DMCA
notice may not be valid.
- In the event
your User Content is removed pursuant to this process, you will receive
information on how to file a counter-notice. Notices described in this
section are legal notices separate from our regular activities or
communications and are not subject to our Privacy Policy. This means that
we may publish or share them with third parties at our discretion, and may
produce them pursuant to a legal discovery request.
- California
Consumer Rights Notice. Under California
Civil Code Section 1789.3, California users of the Service receive the
following specific consumer rights notice:
The Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
- Exports. You
agree that you will not export or re-export, directly or indirectly the
Service and/or other information or materials provided by the Company
hereunder, to any country for which the United States or any other
relevant jurisdiction requires any export license or other governmental
approval at the time of export without first obtaining such license or
approval. In particular, but without
limitation, the Service may not be exported or re-exported (a) into any
U.S. embargoed countries or any country that has been designated by the
U.S. Government as a “terrorist supporting” country; or (b) to anyone
listed on any U.S. Government list of prohibited or restricted parties,
including the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Department of Commerce Denied Person’s List or
Entity List.
- U.S.
Government Restricted Rights. The Service and related documentation are "Commercial
Items", as that term is defined at 48 C.F.R. §2.101, consisting of
"Commercial Computer Software" and "Commercial Computer
Software Documentation", as such terms are used in 48 C.F.R. §12.212
or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212
or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are being
licensed to U.S. Government end users (a) only as Commercial Items; and
(b) with only those rights as are granted to all other end users pursuant
to the terms and conditions herein.
- Limitations of Liability. The laws of the State of New Jersey may limit
the limitations of liability set forth in Section 19.3. In such case you
explicitly agree that our (or any such other released parties’) liability
to you shall apply to the maximum extent permitted by the laws of the
State of New Jersey.