TERMS AND CONDITIONS
Updated: 25 May 2023
By "We", "Us", "Our" we mean
Spark Star Limited
registered at Unit А6, 12/F., Hung Fuk Bldg., 60 Hung To Road, Kwun Tong, Kowloon, Hong Kong
with business address at: Office EO 04, Ground Floor, Dubai Internet City, Building#1 (VODAFON), Dubai, UAE or its affiliates.
By "Your/s" or "You" we mean an individual user accessing the Service;
By Service we mean:
- The main MyFriends website (www.myfriends.com) (the "Website");
- MyFriends App (iOS and Android) (the"App") (whether cumulatively or on their own); and
- Any games (the "Games") used on, or directly accessed through, the Website and/or the App.
We provide the Service to you for personal, non-commercial enjoyment. The Games available for your use are strictly for amusement purposes only. The Games do not offer real money gambling or an opportunity to win real money or prizes. No actual money or anything or value can be won using or playing these applications, and no actual money is required to play. Practice or success at social casino gaming does not imply future success at real money gambling. In continuing to use Service you are agreeing to abide by the terms and conditions listed below:
MODIFICATION TO THE TERMS AND TO SERVICE
We may modify the terms of this User Agreement or any features of Service at any time without notice to you and by continuing to use our Service, you agree to be bound by such changes. You undertake to regularly check the User Agreement for any changes and should you not agree with the same, you are at will to cease using Service. Any changes made shall become part of this User Agreement and shall apply as soon as they are posted.
We may update Service from time to time, and may change the content at any time. However, please note that any of the content on Website and/or App may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that Website and/or App, or any content on it, will be available free from errors or omissions.
In using Service you agree to provide accurate, true, complete and up to date information about yourself as prompted by any registration form. If any information provided by you is not in compliance with the preceding sentence, we reserve the right in our sole discretion to terminate your subscription and refuse any current and or future use of Service.
As part of your use of Service, you agree NOT to use Service to:
- impersonate any person or entity, including, but not limited to, Our officer or other employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, publish, email, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials that are unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
- "stalk" another;
- harm minors in any way;
- You also agree that you will not harvest, collect or store information about the users of our Service or the content posted by others on our Service or use such information for any purpose inconsistent with the purpose of our Service or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through our Service;
To the extend not covered above, you further warrant and represent that:
- You will not create an account for anyone other than yourself without Our permission.
- You will not create more than one personal account.
- If We disable your account, you will not create another one without our permission.
- You will not use your personal timeline primarily for your own commercial gain.
- You will not use the Website or the App if you are under 13, and you will not use the Games if you are under 18..
- You will not use Service if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting Our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- act in a manner that negatively affects other users' ability to use our Service;
- interfere with or disrupt our Service or servers or networks connected to our Service, or disobey any requirements, procedures, policies or regulations of networks connected to our Service; or
- intentionally or unintentionally violate any applicable local, state, national or international law.
We retain the right at any time to modify or discontinue, whether temporarily or permanently, our Service (or any part thereof) with or without notice to You. You agree that we shall not be liable to You or any third party for any such modification, suspension and/or discontinuance of Service. Further, we may, in our sole discretion and without notice terminate and/or suspend Your access to the use of Service (or part of) at any time and for any reason whatsoever.
USER CONTENT (INCLUDING COMMENTS)
- You acknowledge that we are not responsible for material submitted using Service by users. For purposes of this User Agreement, references herein to content or materials submitted by a user include without limitation any reader comments such user may make on or otherwise add to our Service. We may not pre-screen, monitor, review or edit the content posted by users. However, we have the right (but not the obligation) in our sole discretion to refuse or remove any content, in whole or part, that, in our judgment, does not comply with this User Agreement or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such content (unless required to by law and in accordance with a validly obtained judgment of a court or a competent tribunal). Users will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of any content they submit. Under no circumstances will we be liable in any way for any content a user submits, including, but not limited to, any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of your use of any such content. You agree to immediately notify us of any unauthorized use of our Service or any other breach of security known or suspected by you.
- You acknowledge and agree that We may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this User Agreement; (c) respond to claims that any content violates the rights of third-parties; or (d) protect Our rights, property, or personal safety, Our users or the public.
- We assume no responsibility for the deletion, alteration or failure to store postings, content or other information submitted by you or other users to our Service.
- You represent and warrant that (i) any content you submit is either original to you, or all third party rights have been fully cleared for use; and (ii) such content does not and will not, in any way, violate or breach any of the terms of this User Agreement. In furtherance of the foregoing, you agree that you will not: (A) submit content that is copyrighted, protected by trade secret, has been imparted in confidence or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (B) publish falsehoods or misrepresentations that could damage Us or any third party; (C) submit content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (D) post advertisements or solicitations of business. You understand that when you submit content in any form to Us, we may authorize such content to be distributed or syndicated to or published on our other affiliated sites.
- In operating our Service, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through our Service or in any other way. Any information or material submitted or sent to us will become public, you are waiving your right to its ownership and such information will be deemed not to be confidential or secret. Without limiting the generality of any other terms of this User Agreement, by submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.
- Please be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. Personal attacks and all other forms of harassment are prohibited.
- By submitting content to our Service, You are giving Us a world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use for any purpose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display User content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You warrant that any "moral rights" in any such materials have been waived. We shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of our use or exploitation of content submitted by you. Without limiting the foregoing clause, we may publicly display advertisements and other information adjacent to or included with your content. You are not entitled to any compensation relating to such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- You own all of the content and information you post, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Service (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the Application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information visible to everyone, it means that you are allowing everyone who has even hypothetical opportunity to view the content (without actually viewing it), including people off of Service, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- Any content you upload to our site will be considered non-confidential and non-proprietary.
LIMITATION OF LIABILITY AND DISCLAIMERS
- By accepting these Terms you acknowledge that We, our affiliates, respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to our Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the extent permitted by law. Any claim against us shall be limited to the amount you paid, if any, for use of our Service. We have no special relationship with or fiduciary duty to you.
- You agree that in the event you incur any damages, losses or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of our Service, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of our Service or other materials owned or controlled by us.
- By accessing our Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such wavier, you acknowledge that you have read and understand, and hereby expressly waive, law of any state or territory, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- Where our site 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, and in no way are we responsible for any content provided by such sites/resources.
- WE ARE AN INTERNET SERVICE PROVIDER, E.G., WE ARE NOT RESPONSIBLE FOR AND DO NOT NECESSARILY HOLD THE OPINIONS EXPRESSED BY OUR CONTENT CONTRIBUTORS: OPINIONS AND OTHER STATEMENTS EXPRESSED BY USERS AND THIRD PARTIES ARE THEIRS ALONE, NOT OURS. CONTENT CREATED BY THIRD PARTIES IS THE SOLE RESPONSIBILITY OF THE THIRD PARTIES AND ITS ACCURACY AND COMPLETENESS ARE NOT ENDORSED OR GUARANTEED. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO VIEW AND POTENTIALLY DISTRIBUTE CONTENT THROUGH OUR SERVICE, WE ARE NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO THE CONTENT. WE DO NOT UNDERTAKE OR ASSUME ANY DUTY TO MONITOR OUR SERVICE FOR INAPPROPRIATE OR UNLAWFUL CONTENT. WE ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE CONTENT THEREOF, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, LIBEL, SLANDER, INFRINGEMENT, INVASION OF PRIVACY AND PUBLICITY RIGHTS, OBSCENITY, PORNOGRAPHY, PROFANITY, FRAUD, OR MISREPRESENTATION. NOTWITHSTANDING THE FOREGOING, WE RESERVE THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS, POSTINGS OR MATERIALS AT ANY TIME IN OUR SOLE DISCRETION.
- OUR SERVICE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN OUR SERVICE OR AVAILABLE THOUGH LINKS IN OUR SERVICE. WE RESERVE THE RIGHT (BUT ARE NOT OBLIGATED) TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SERVICE.
- ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO OUR SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SERVICE AND ANY MATERIALS AVAILABLE THROUGH OUR SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
- OUR SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY THRILLIST OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN OUR SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SERVICE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY THRILLIST AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
- FROM TIME TO TIME WE MAY POST RECIPES ON OUR WEBSITE. IN NO WAY WE PROVIDE ANY WARRANTY, IMPLIED OR OTHERWISE, AS TO THE CONTENT OF RECIPES, INCLUDING THE ACCURACY OF THE INSTRUCTIONS THEY CONTAIN. IT IS YOUR RESPONSIBILITY TO DETERMINE THE VALUE AND QUALITY OF ANY RECIPE OR INSTRUCTIONS, THE NUTRITIONAL VALUE (IF ANY), THE SAFETY OF THE PREPARATION INSTRUCTIONS, AND ANY POSSIBLE MEDICAL CONDITION THAT MAY ARISE FROM THE CONSUMPTION OF THE INGREDIENTS LISTED IN THE RECIPE. RECIPES TAKEN FROM OUR WEBSITE AND PREPARED ARE DONE SO "AT YOUR OWN RISK". WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR NEGATIVE RESULT (WHETHER TO HEALTH OR PROPERTY) RESULTING FROM THE PREPARATION OF FOOD USING OUR RECIPES OR THE INSTRUCTIONS THEY CONTAIN.
- WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO OUR SERVICE. BECAUSE WE HAVE NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH SERVICES. ANY SUCH LINKS DO NOT IMPLY OUR ENDORSEMENT OF OR ASSOCIATION WITH THE LINKED SITES. WE RESERVE THE EXCLUSIVE RIGHT, AT OUR SOLE DISCRETION, TO ADD, CHANGE, DECLINE OR REMOVE, WITHOUT NOTICE, LINKED SITES.
- WHILE ANY COMMERCIAL USE BY YOU OF SERVICE IS PROHIBITED AND DEALT WITH BY US APPROPRIATELY, YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH OUR SERVICE, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
- SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
OUR INTELLECTUAL PROPERTY RIGHTS
- We Own all intellectual property rights as described below in and to Our Service; Accordingly, Your Use of Our Service is Subject to certain restrictions and limitations: Our Service (including, without limitation, all text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws worldwide. All individual articles, content and other elements comprising our Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in our Service. As between Us and you, We are the sole owner of all content comprising our Service, including without limitation, all applicable (worldwide) copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging our ownership of such content, or take any action whatsoever in derogation of our rights therein. You acknowledge and agree that you will not acquire or claim any rights in our Service, or aid or abet anyone else in doing so.
- Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of our Service, except that you may download
material from our Service for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of
this Service over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
- You acknowledge and agree that content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by or submitted to us, including any content. You further acknowledge and agree that the views expressed in our Service do not necessarily reflect Our views and we do not support or endorse content (whether or not edited by Us) posted or submitted by you or any other user.
- Regardless of what anything else says in this User Agreement, or any other terms/rules that apply to features you may choose to use, you do not own the account that you create on Our Service, including in the Games, and your account is not your property. This also applies to other stuff, like in-game currency or items, regardless of whether you "earned" those items in a game or "purchased" them. Your account and any related items are owned by Us. We give you a limited license to use your account and the related items while We offer the Services.
- You are not allowed to transfer Virtual Items outside of the Service (i.e., in the "real world"), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and We may terminate your account because of it.
- Any sports clubs or professional sports associations names, logos, brands, and other trademarks or images featured or referred to within this application are the property of their respective trademark holders. These trademark holders are not affiliated with us, our products, or our services and are used for information purposes relating to events they partake in. They do not sponsor or endorse our products or services.
You have rights if You think Your copyright (or other intellectual property right) is being infringed: If you believe that your work has been copied in a way that constitutes an IP infringement, please forward the following information to Us at email@example.com:
-- Your username, address, telephone number, and e-mail address;
-- A description of the copyrighted (or other IP) work that you claim has been infringed;
-- A description of where the alleged infringing material is located;
-- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
-- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
-- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You Agree to Indemnify Us Based on Your Use of the Service: You agree to indemnify and hold harmless Us and Our affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or relating to any use or misuse by you of our Service, including without limitation our email publications and/or website, or any violation by you of this User Agreement or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- Our Service may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to our Service, receive messages from our Service, download applications to your mobile phone or access features of our Service.
- When you use the App, it may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- We would like the way you pay for some features convenient, so we allow you to fund your transactions using a number of different sources (like credit cards, debit cards, mobile phone operators and other payment methods).
- When you instruct your payment provider to pay us, you confirm that you are permitted to use that payment provider. When you fund a transaction, you authorize us the designated payment processor to charge the full amount to the payment provider you designate for the transaction. You also authorize us to collect and store information on the payment provider, along with other related transaction information.
- If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your transaction, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
- Prior to any purchase, you will be provided with the information on the item you are purchasing (whether it is the premium account upgrade, with additional features or purchase of a virtual gift). By accepting these Terms you hereby agree that should you breach any of the terms of this User Agreement which leads to the suspension or termination of your right to use Service, you will forfeit any and all payments made for using Service. Any of the purchases you make do not possess material value, cannot be exchanged for any other service, feature or gift, cannot be redeemed, neither benefit of it can be assigned to any other user (or non-user).
- You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. In furtherance of s.11(d) above, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- You may have the opportunity to get a limited and revocable license to use Virtual Items (as defined below). You may be required to pay a fee to obtain a possibility to use Virtual Items. You understand that Virtual Items exist solely in the virtual world; have no monetary value; and cannot be used to purchase or use products or services other than within the applicable Software. You realise that Virtual Items represent a part of Service, title and any rights to which belong to Us and/or Our Affiliates. Price and availability of Virtual Items are subject to change without notice. ANY DEALING WITH VIRTUAL ITEMS BY A USER, INSIDE OR OUTSIDE OF THE SERVICE, IS STRICTLY PROHIBITED!
- Virtual Items: meaning virtual "currency" and "objects", which may include, but are not limited to, virtual "coins", "cash", "tokens", "points" and "property".
- You may not assign this user agreement: You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this User Agreement. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this User Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
- Our Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Anyone using or accessing our Service from other locations does so on their own initiative and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of our Service to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
The term "Dispute" means any dispute, claim or controversy between you and Us or Us and you arising out of, or relating to, the Website, the App, or the Games, these terms or your account, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section. "Dispute" is to be given the broadest possible meaning.
You agree that any Dispute between you and Us will be governed by the laws of England and Wales and under the arbitration procedures outlined below.
If a Dispute arises between you and Us, our goal is to provide you with a neutral and cost effective means of resolving the Dispute quickly. Accordingly, you and Us agree that we will resolve any Dispute in accordance with one of the subsections below or as We and you otherwise agree in writing.
Informal Negotiations/Notice of Dispute. You and Us agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (Notice of Dispute).
Notices of Dispute must:
- Include the full name and contact information of the complaining party;
- Describe the nature and basis of the claim or dispute; and
- Set forth specific relief sought (Demand).
We will send its Notice of Dispute to your billing address (if you provided it to us) or to the email you provided to us.
You will send your Notice of Dispute to our postal address specified above.
If the Dispute is not resolved in Informal Negotiations within 30 days after receipt of the Notice of Dispute, each party may initiate arbitration in accordance with arbitration procedure below. The parties agree that the exclusive jurisdiction of Riga Permanent Court of Arbitrage, registration number 40003759884, address Burtnieku Street 39, Riga, Latvia, LV-1084, according to the rules of the procedure of the court, with one arbitrator, with arbitration held and the award rendered in English.
To contact us, please email firstname.lastname@example.org
Thank you for using our Service.