THESE TERMS OF SERVICE ("TERMS OF SERVICE") CONSTITUTES A LEGAL AGREEMENT THAT REGULATES THE BUSINESS RELATIONSHIP BETWEEN YOU, AN INDIVIDUAL (THE “USER” OR "YOU") AND SNAAPPY OOO, (THE “COMPANY” OR "WE"), THE LEGAL OWNER AND OPERATOR OF THE SNAAPPY GAME CLASH AR (THE “GAME”).
THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES IN THESE TERMS OF SERVICE, ON ITS SOLE DISCRETION BY PUBLISHING AMENDED TERMS OF SERVICE AND THEREFORE WE URGE YOU TO CHECK PERIODICALLY FOR UPDATES. YOUR CONTINUED USE OF THE GAME AFTER THE POSTING BY THE COMPANY OF AN UPDATED TERMS OF SERVICE, CONSTITUTES YOUR AGREEMENT TO ANY AMENDED VERSION OF THE TERMS OF SERVICE.
THE USE OF THE MASCULINE GENDER IN THESE TERMS OF SERVICE FOR CONVENIENCE PURPOSES ONLY, AND ANY PART THEREOF, IN WHICH THE MASCULINE GENDER IS USED, APPLIES TO THE FEMININE GENDER AS WELL.
IN CASE THAT YOU CONNECT TO THE GAME USING A SOCIAL NETWORKING SITE ("SNS"), SUCH AS FACEBOOK OR GOOGLE+, YOU SHALL COMPLY WITH ITS TERMS OF SERVICE IN ADDITION TO THESE TERMS OF SERVICE.
Company hereby grants You, pursuant to the terms and subject to the conditions of these Terms of Service, a limited, personal, non-exclusive, non-assignable, non-commercial, revocable, non-sublicensable license to use one copy of the GAME on one or more Devices that You own or control, for personal use of entertainment only, all in accordance with the terms and subject to the conditions contained in these Terms of Service (the "License"). The Company reserves all other rights to the GAME that were not explicitly granted under these Terms of Service.
The License shall be conditioned upon Your full compliance with the terms of these Terms of Service and shall be immediately terminated upon any breach by You of any of the terms hereof.
Upon installing the Game, You will be able to either (i) register and open an account, (ii) use your "Snaappy Connect" account details as your account (iii) use social network connect such as Instegram, facebook, google+ or Game Center (iii) or play in a Guest mode.
- 1. In case that You choose to play in Guest mode – You will not be required to provide any information concerning You however part of the options that exists in the Game may not be available to You such as saving your progress.
- 2. In case that You are registered at Snaappy social app that is installed on your Device and You are logged in, You can use your Snaappy Connect details for registering the Game.
- 3. In case that you have one of the following social applications – Facebook, Google+ Instagram or Game Center, logged in, You can use the applicable social application details for registering the Game.
- 4. In case You don’t have any of the above, or You choose not to use them, You will be able to open an account and provide few details concerning You.
In case You do register and open an account, You shall not share any of your account information or login, nor let anyone else access your account or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, you must immediately notify us and modify your Login Information. You are solely responsible for maintaining the confidentiality of your account details, and you will be responsible for all uses of the account, including purchases, whether or not authorized by you. You are responsible for anything that happens through your account.
We reserve the right to terminate your account and/or use of the Game, and/or the support for the Game from any reason.
Restrictions and prohibitions
You acknowledge that You are over the age of 13. If You are under the age of 18 and using the GAME, You acknowledge that Your parents and/or Your legal guardian have authorized You to download, install and use the GAME, in order to be able to use it, as well as that the legal guardian has approved and accepted all legal and financial responsibilities and liabilities for your actions and if You have not received such approval you are forbidden to use the Game. You shall restrict the use of the Game to minors and You will deny access to children under the age of 13. You shall be responsible for any unauthorized use of the Game by children under the age of 13 playing with your account.
We shall not process any payment without the approval of your legal guardian in case you are under the age of 18. In case you are the legal guardian, You are fully responsible for any use of your credit card by any user using the Game with your account that is under the age of 18.
In the event that You are under the age of 13 please do not download, install or use the GAME.
YOU UNDERTAKE THAT ALL DETAILS THAT WILL BE PROVIDED BY YOU CONCERNING YOU ARE TRUE ACCURATE AND FULL. YOU SHALL NOT PLAY THE GAME IF YOU WERE PREVIOUSLY BEEN REMOVED BY US FROM SNAAPPY APPLICATION OR SERVICES.
You hereby undertake not to, directly or indirectly make any use of the GAME for the purpose of: (i) Uploading content and/or information in which You have no ownership or right of use and/or which violates or may violate any rights of any third party, including without limitations proprietary or privacy rights. (ii) Interference, disruption, limiting or preventing the use of the GAME in means such as "viruses", "worms" and other harmful software, accessing of computerized material, editing and/or inserting software in a manner that may cause damage or disruption to a device and/or materials. (iii) Uploading content and/or information which is misleading, false and/or harmful to the Company and/or its executives, directors and/or to any third party. (iv) Uploading information which is abusive, insulting, defamatory, threatening forbidden or any other information of similar nature. (v) Any illegal purpose and/or in breach of these Terms of Service. (vi) Harassment or false complaint. (vii) Causing damage to any third party. (viii) Commercial or business use of the GAME or any information transmitted thereof including sending messages or promotional material or information of any kind. (ix) Performing an action which is against the law. (x) Performing any action that deviates from the intended use of the GAME (xi) making improper use of the support services of the Game (xii) taking part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Game (xiii) collect or post user's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Game. (xiv) publish any video audio or photo of any third party, that was received or taken as part of using the Game by any means or media including outside the Game.
Within the framework of using the GAME, You undertake not to cause and/or assist, either by acts or by omissions, either directly or indirectly, to damage and/or breach contractual rights, proprietary rights, copyrights, moral rights, proprietary rights, duties of care and trust, trade secrets, trademarks, patents, not to publish information that constitutes defamation, not to invalidate any privacy rights of a person, not to violate warrants, not to make advertising that is prohibited by law, and not to harm in any way state security or the rights of third parties.
You will not upload and/or publish within the framework of using of the GAME any contents which violates proprietary rights of others, any pornographic or sexually or sensitive materials and/or any materials relating to minors and/or identifies them, or materials that encourages and/or supports and/or assists in performing an act which constitutes a criminal offense under the applicable laws and/or providing passwords and/or personal information and/or intimate details about other users and/or harassment of users, impersonating others, advertising and/or promotion of commercial sales, political propaganda and/or promotion of candidates and parties in elections, the use of inappropriate language and/or offensive language, collecting information about others, change the location of information from the GAME to elsewhere for commercial purposes or in a manner which may damage the Company's business, make repeated messages, publishing false or misleading materials, posting links and/or any other illegal materials. For the avoidance of doubt it is hereby clarified that the aforementioned prohibitions shall also apply to uploading links to materials and/or improper content as well as to providing such information via phone conversations described above.
You undertake to refrain from any attempt to collect information via the GAME, including through technological means, operation or assistance to the operation of a computer GAME or by any other means designed to scan and/or copy and/or retrieve and/or mine information, to refrain from executing and/or causing any change to the GAME, including to other users’ content, and not to interfere with the GAME’s source code.
SINCE THE GAME IS AN AUGMENTED REALITY GAME, YOU ARE AWARE THAT PEOPLE MAY BE ABLE TO SEE YOU VIA THEIR MOBILE DEVICE AS WELL AS YOU WILL BE ABLE TO SEE OTHER PEOPLE YOU ARE PLAYING WITH. YOU HEREBY PROVIDE YOUR PERMISSION TO USE YOUR CAMERA, AS WELL AS UNDERTAKE NOT TO PHOTOCOPY OTHER PEOPLE THAT YOU MAY PLAY WITH, AND/OR NOT TO CURSE, HARASS, THREAT, SPY, DISTURB OR IN ANY WAY TRY TO HARM OR CONTACT ANY OTHER USERS OF THE GAME, AND YOU ARE FURTHER REQUESTED NOT TO MAKE ANY USE OF THE GAME THAT IS NOT SOLELY INTENDED TO PLAY, INCLUDING INVOLVING NUDITY OR IMPROPER CONTENTS EITHER PHYSICAL OR VERBALLY. YOU ARE REQUESTED TO IMMEDIATELY REPORT TO US IN CASE ANYONE WILL DO SUCH THING TO YOU.
You shall inform the Company, immediately, regarding any possibility of damage that may be caused to other users and/or third parties and/or the Company and/or of an existing or anticipated breach of the applicable law, due and/or as a result of Your use of the GAME.
You hereby acknowledge that the Company may take any action against a user who breaches these Terms of Service by any means available to the Company by the applicable law.
Company is not obligated to monitor or record any action or communication although it reserves the right to do so. Company may remove any content and terminate the account and user from any reason whatsoever.
You hereby grant Company an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, contents collected or provided by you during your use of the Game, including all derivative works thereof. You further hereby grant to Company the unconditional, irrevocable right to use and exploit your name, and any other information or material provided by You, without any obligation to you. We do not claim any ownership rights in your contact provided, and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit such content.
You are solely responsible for your interactions with other users of the Game and any other parties with whom you interact through the Game. company reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In the Game you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual in-game items ("Virtual Items"). You are only allowed to purchase Virtual Items from us through the Game, and not in any other way.
Company may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.
You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Company, another user or any third party, unless prior approved by Company.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE GAME ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in the Game is a service provided by us, that commences immediately upon acceptance by us of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Company may revise the pricing for the goods and services offered through the Game at any time.
YOU ACKNOWLEDGE THAT SUBJECT TO ANY APPLICABLE LAW, COMPANY IS NOT REQUIRED TO PROVIDE 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.
In case that your child is under the age of 18 and interested in downloading the Game, You must approved and accepted all legal and financial responsibilities and liabilities for your actions.
IN CASE THAT THE PLAYER OF THE GAME IS UNDER THE AGE OF 18, THE LEGAL GUARDIAN IS THE SOLE RESPONSIBLE FOR MONITORING YOUR ACCESS AND USE OF THE GAME, THE ENGAGEMENT WITH THIRD ARTIES VIA THE GAME AS WELL AS THE SAFETY OF THE USE OF THE GAME AND THE PAYMENTS MADE AS PART OF THE GAME.
BE ADVISED THAT SOMETIMES SAME CONTENTS MAY BE INAPPROPRIATE FOR SOME USERS. PLEASE CONSIDER WHAT IS APPROPRIATE FOR YOUR CHILD AND CHECK ANY CONTENT RATINGS IF AVAILABLE BEFORE YOUR CHILD IS USING THE GAME
Ownership and Intellectual Property Rights
You acknowledge and confirm that the GAME and/or any materials related thereto including, themes, objects, characters, characters names, stories, concepts, artwork, animations, material, text designs, software, sounds, audio effects, history of games, technology, moral rights, method of sale and virtual goods, music, video, graphics and materials contained in advertisements or messages sent to You or commercial information offered to You by the Company, or that were created or collected or developed by the Company as well as the rights in your account, are the exclusive property of the Company and/or properly licensed from other third parties and shall remain at Company's exclusive property at all times. All intellectual property rights (including, inter alia, copyrights, trade secrets, trademarks, patents, etc.) that exist and/or are embodied in the GAME, and/or attached, linked, and/or referring to the GAME, are the exclusive property of the Company and will remain the exclusive property of the Company as stated.
ALL MATERIALS SUBMITTED BY YOU OR ANY OTHER USER SHALL BE OWNED BY US. BY SUBMITTING ANY CONTENT THROUGH THE GAME YOU ARE GIVING US AN UNLIMITED RIGHT TO USE SUCH CONTENT.
These Terms of Service does not provide You with any rights in the GAME and/or regarding it, and/or in any materials to be transferred to You and/or in any content. Nothing stated in these Terms of Service constitutes a waiver of the intellectual property rights of the Company or any third party under any law.
Uses and Restrictions
Unless if it is expressly permitted in these Terms of Service, You hereby consent that You shall not, without prior written consent of the Company: (i) use, modify or integrate the GAME into other software, or create derivative works from any part of the GAME; (ii) sell, license (or sub-license), lease, assign, transfer, pledge or share Your rights according to these Terms of Service to and with any other person; (iii) distribute or copy the GAME for the benefit of third parties; (iv) disclose the results of the GAME's performance, or use of these results for a competing GAME development; and/or (v) modify, disassemble, reverse-compile, reverse engineer, update or improve the GAME or attempt to discover the source code of the GAME.
Health and Safety
In case that You experience eye soreness, altered vision, migraine, muscle twitching, convulsion, blackout, loss of awareness or disorientation as a result of playing the Game, please immediately cease to play the game and consult Your Doctor.
In addition, in case that you experience headache, dizziness, nausea. fatigue, similar symptoms to motion sickness or any discomfort or pain in the body including eyes, ears, hands, arms or feet, please immediately cease to play the game and seek medical attention.
Please use the Game in accordance with the following instructions: (i) use in well lit area and keep safe distance from objects or other people or from a place where you can be hurt (ii) take 15 minutes break after any 45 minutes of playing, (iii) don’t play when you are tired (iv) don’t play in the street, where cars are moving, especially do not use earphones in such case. (v) avoid making sudden or too wide moves while playing. (vi) avoid emotional acts such as throwing your phone or using bad language. (vii) do not in any way make any move or act that may be dangerous to other players either from your side or the other side.
Maintenance and Support
The Company will have no obligation to provide support, maintenance, upgrades, modifications or new versions of the GAME. However, the Company may from time to time issue upgraded versions of the GAME, and might upgrade electronically and automatically the GAME version that You are using on Your Device. You hereby give Your consent to such automatic upgrading, and agree that these Terms of Service apply to all upgrades as stated.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GAME INCLUDING ANY DATA THAT YOU DOWNLOAD OR OTHERWISE ACQUIRE THROUGH THE USE OF THE GAME IS AT YOUR SOLE RISK AND ACCORDING TO YOUR OWN DISCRETION AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION. COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY HARDWARE OR SOFTWARE, OR TO ANY DAMAGE CAUSED TO CELLULAR PHONE RELATED TO OR RESULTING FROM DOWNLOADING OR USING THE GAME.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM USE OR INABILITY TO USE OR ANY DELAY IN OR MELFUNCTION IN THE GAME.
COMPANY WILL NOT BE RESPONSIBLE IN CASE THAT YOUR PHONE WILL BREAK OR TO ANY OTHER DAMAGE TO YOUR PHONE FROM ANY REASON WHILE USING THE GAME.
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE COMPANY HEREBY EXPRESSLY EXCLUDES ALL WARRANTIES OF ANY KIND, INCLUDING, INTER ALIA, WARRANTY FOR INTELLECTUAL PROPERTY RIGHTS OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THE COMPANY SHALL HAVE NO LIABILITY FOR ANY USER INFORMATION INCLUDING FOR THE NATURE ACCURACY, COMPLETENESS, RELIABILITY, PROPRIETARY RIGHTS, QUALITY, AND ALL LIABILITY FOR SUCH INFORMATION WILL BE BORNE BY YOU EXCLUSIVELY.
THE COMPANY MAY INCLUDE COMMERCIAL CONTENTS OF THIRD PARTIES IN THE GAME, INCLUDING ADVERTISING, BANNERS, ADS, POP-UP ADS ETC. YOU HEREBY EXEMPT THE COMPANY, INCLUDING ITS REPRESENTATIVES, FROM AND AGAINST ANY RESPONSIBILITY AND/OR LIABILITY RELATED TO SUCH COMMERCIAL CONTENTS.
IT IS HEREBY CLARIFIED TO YOU, THAT THE INFORMATION THAT MAY BE ACCESSED VIA THE GAME MAY BE UPDATED AND/OR AMENDED, FROM TIME TO TIME, AND THAT THE CONTENTS THAT ARE INCLUDED IN THE GAME MAY BE DELETED AND/OR AMENDED WITHOUT PRIOR NOTICE, AND THE COMPANY, INCLUDING ITS REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE COST OR EXPENSE, INCURRED IN SUCH CASE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of liability
In case that it will be determined that the Company is liable for damage, cost or expense to any third party, company's obligation shall not in any way exceed the amount one hundred USD ($100).
The Company may terminate the License granted to You to use the GAME granted in accordance with these Terms of Service at any time and for any reason. Without derogating from the aforementioned, Your violation of these Terms of Service shall result in the immediate termination of the License provided to You, and You, upon the termination of the License, will cease all further use of the GAME and delete the GAME.
You may terminate your account at any time and from any reason by sending us an email to firstname.lastname@example.org, indicating your desire to terminate your account, and your account will be terminated within 14 days.
Governing Law; Jurisdiction
These Terms of Service shall be construed and governed under and by the laws of the State of New York. The parties agree that exclusive venue for any legal action relating hereto shall be in the courts of New York City. The parties agree not to contest the venue set forth herein and to submit to, and not contest, the exercise of personal jurisdiction over them by any of the foregoing courts.
You agree to indemnify and hold Company and its Representatives, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the GAME in violation of these Terms of Service or arising from a breach by You of these Terms of Service or any breach in Your representations or warranties.
Third Party Software
If the GAME includes any software that has been supplied by third parties, then such software is provided "as is" without warranty of any kind, and said software will be subject to the limitations and conditions which are required by said third party.
These Terms of Service represents the entire license agreement concerning the License that is granted to use the GAME. If it is determined that any provision included in these Terms of Service cannot be enforced, then such provision will be removed or redrafted but only to the extent necessary to make it enforceable and other terms will remain valid.
A printed version of these Terms of Service and any message delivered in electronic form shall constitute admissible evidence in legal or administrative proceedings based or associated with them, equally and under the same terms that apply to other records and business documents originally generated and saved in a printed format.
Any claim suit or demand by You against the Company with respect to these Terms of Service and/or the License granted herein will be raised no later than 6 months from the date of the cause for the claim.
No waiver of any term, provision or condition of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail or when sent by facsimile or e-mail to either parties' last known post office, facsimile or e-mail address, respectively. You hereby consent to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
If the performance of any part of these Terms of Service by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
These Terms of Service supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the GAME.
In the event of any conflict between the terms and conditions of these Terms of Service and the terms and conditions of any license agreements appearing with or in the software products comprising the GAME, these Terms of Service shall prevail.
These Terms of Service may not be assigned by You without the prior written consent of the Company. Company may assign this Agreement without Your consent.
For information or questions you are welcome to contact the Company via e-mail email@example.com.
Last modified on March 7th, 2019.