Terms of Service
Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING SMARTFUNAPPS SERVICES.
If you violate the Terms, we reserve the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that we don't need to provide you notice before terminating or suspending your account(s), but we may provide such notice in our sole discretion.
You agree to immediately provide SmartFunApps with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for SmartFunApps the accuracy of their data upon request.
You are required to maintain strict confidentiality regarding all login data, identification, and passwords. The terms "login data", "identification", and "passwords" include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player name, and it should consist of a combination of numbers and letters. You are required to protect all login data, identification, and passwords from third-party access.
In the event that you have reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform SmartFunApps immediately and change their data or have it changed by SmartFunApps. In this case or in the event that SmartFunApps has concrete evidence of misuse of data, SmartFunApps has the right to temporarily block access to the user's account. If there is evidence of misuse of data, SmartFunApps shall inform the user.
You under no circumstances entitled to use the login data of another user, unless the rules of the respective online or mobile game or other service allow for exceptions.
Grant of a Limited License to Use the Service
Subject to your agreement to and continuing compliance with these Terms of Service and any other relevant SmartFunApps policies, SmartFunApps grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
· You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
· You shall not (or attempt to) purchase, sell, rent, transfer or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by SmartFunApps, or previously been banned from playing any SmartFunApps game.
· You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
· You shall not redeem virtual chips or virtual coins for 'real world' money, goods or other items of monetary value from any platforms or any other person.
You understand and agree that your use of this Service is predicated upon your waiver of any right to sue Dragonplus or its affiliates directly or to participate in a suit for any losses or damages resulting from using of this Service in a cause of action of losing money or anything of value at or on an illegal gambling game.
You are obliged to abstain from any measure which may compromise or interrupt the proper functioning of SmartFunApps' websites, any individual services and/or offers there, or its online and mobile games. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users' use of SmartFunApps' websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
Our Intellectual Property
SmartFunApps' websites and mobile games include various content that is protected by trademarks, copyrights, or other means for the benefit of SmartFunApps or third parties. Unless explicitly permitted within these general terms and conditions, you may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of SmartFunApps' websites, mobile games, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by SmartFunApps. The term "content" also includes, in particular, all services available for download.
Third Party Material
We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.
Responsibility For User Content
You are solely responsible for any text, communications, images, and other data, information and content that you submit in the Service, or transmit to other users of the Service (collectively, "User Content"). You are responsible for complying with all laws applicable to your User Content. You agree not to submit to the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity). You will not provide inaccurate, misleading or false information to us or to any other user of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
We may, in our sole discretion and without notice, review and delete any User Content, but are under no obligation to do so. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk.
You hereby grant us an exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.
You acknowledge and agree that all User Content (other than your personal data) whether publicly posted or privately transmitted to the Service is at your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.
Price and Payment
You may purchase unreal currency from Platform(including Facebook, Apple App Store, Google play and Amazon Appstore) that we decide to work with in exchange for real money. This is a transaction between you and Platform and us is not a party. If you purchase Platform Credits, you are agreeing to Platform's terms relating to payment and Platform Credits. We are not responsible or liable for any issues related to the services provided by Platform to you in connection with the purchase of Platform Credits. Once you have completed your purchase of Platform Credits you may redeem Platform Credits for in-game currencies and goods offered in our games hosted by Platform. If you are under the age of 21, you may use Payments only with the involvement of your parent or guardian. Make sure you review these Terms with your parent or guardian so that you both understand all of your rights and responsibilities.
In some cases, you can use Facebook Credits, a stored value (gift card), credit or debit card, PayPal, or other similar accounts (each referred to herein as “Payment Information“), to pay for optional Services and/or upgrades. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family members or friends. SmartFunApps may revise the pricing for the goods and services offered through the Service at any time.
YOU ACKNOWLEDGE THAT SMARTFUNAPPS IS 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.
Term and Termination
Company may terminate the Agreement by deleting your account with the Service, in the event that it is required to do so by law or court order, in the event that it becomes aware or has reason to believe that you have violated any of the terms of this Agreement, or if there is any other reason which justifies refusing the acceptance of you as a user.
You may also terminate this Agreement by requesting us to delete your account with the Service, and such request shall be handled promptly after it is accepted.
Any provisions relating to indemnification, limitation of liability and disclaimers of any kind shall remain in full force and effect after termination of the Agreement.
Disclaimer of Warranty
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:
· Errors, mistakes, or inaccuracies of content;
· Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
· Any interruption or cessation of transmission to or from the Service;
· Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party;
· Any errors or omissions in any content (other than your personal data) or for any loss or damage of any kind incurred as a result of the use of any content (other than your personal data) posted, emailed, transmitted, or otherwise made available via the Service.
Limitation of Liability
TO THE EXTENT ALLOWED UNDER APPLICABLE LAWS, SMARTFUNAPPS AND THE SMARTFUNAPPS AFFILIATES ARE NOT LIABLE
1. FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE;
2. FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE AND EXTERNAL SITES.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF SMARTFUNAPPS AND/OR THE SMARTFUNAPPS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID SMARTFUNAPPS AND/OR THE SMARTFUNAPPS AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID SMARTFUNAPPS OR ANY SMARTFUNAPPS AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SMARTFUNAPPS AND/OR ANY SMARTFUNAPPS AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
You agree to defend, indemnify, and hold us harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by us arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
SmartFunApps shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SmartFunApps, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond SmartFunApps's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law and Resolution of Disputes
The Site and Service are operated by Dragonplus Limited, a Hong Kong company. By accessing the Software and by using the Service you agree that all matters relating to your access to or use of the Software and the Service shall be governed by the laws of the State of California. You also agree to refer any dispute relating to your access to or use of the Software and the Service to arbitration in accordance with HKIAC rules as applicable from time to time, and no other courts or tribunals shall have jurisdiction over such matters.
If you have any questions or concerns about these Terms, you may contact us via the following address: firstname.lastname@example.org.