Terms of Service

Effective Date - 22 November, 2022

Please read these Terms of Service and our Privacy Policy carefully before using Sophun Games’ Services.

The Terms of Service (the "Terms") you are reading are a legal agreement between Sophun Games Ltd. ("Sophun Games") and yourself (“User” or "you"). In these Terms, “Sophun Games” refers to Sophun Games Ltd. and its “Affiliates”, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to Sophun Games Ltd. as “we” or “us”. By accessing and using our games, content, activities and services (the "Service") which are made available via our website or through social networking websites, or any mobile versions/applications thereof (the "Site", together – the “Services”), you signify that you have read, understand and agree to be bound by these Terms, whether or not you are a registered member of Sophun Games or any of our games.

Your access to and use of the Services are also governed by Sophun Games’ Privacy Policy ("Privacy Policy"), which is incorporated by reference herein (both the Terms of Service and the Privacy Policy shall collectively be referred to herein as the “Terms” unless specifically stated otherwise).

By accessing and/or using the Services, including without limitation by voluntarily pressing (tapping/clicking) the corresponding in-game button (e.g. "Play", "Collect", "Buy", "Accept", "Start", "Go", etc.), you affirmatively agree to abide by the Terms, including all rules, terms, conditions, restrictions, and notices therein. If you do not wish to be bound by the Terms, you may not access or use the Services.

Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.

If you access the Services from a third-party platform such as Facebook or another social networking site, you agree to comply with the platform’s terms of service as well as these Terms.

PLEASE NOTE THAT YOU ARE ONLY ALLOWED TO USE SOPHUN GAMES SERVICES IF YOU HAVE REACHED THE AGE OF MAJORITY WHERE YOU LIVE.

PLEASE NOTE THAT YOUR AGREEMENT TO THESE TERMS OF SERVICE INCLUDES YOUR AGREEMENT TO ARBITRATION CLAUSE AND CLASS ACTION WAIVER, REQUIRING

INDIVIDUAL, MANDATORY ARBITRATION OF ANY DISPUTE AND WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING.

PLEASE BE SURE THAT YOU CLEARLY UNDERSTAND THESE TERMS OF SERVICE.

YOUR USE OF OUR SERVICES CONSTITUTES AGREEMENT TO THESE TERMS OF SERVICE.

Right to Modify

Sophun Games reserves the right, at its sole discretion, to revise or modify these Terms at any time by posting the amended Terms on Sophun Games’ websites or within the Services, and you agree to be bound by such revisions or modifications. New versions of the Terms and any other policies or rules will be accessible at https://sophungames.com/ or from within the Services. Users are responsible for viewing these Terms periodically. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Services and to cancel any accounts you have created using the Services.

License to Use the Services

Subject to your compliance with these Terms, you may use the Services solely for your personal, non-commercial entertainment purposes by accessing them through your web browser or other application provided by Sophun Games or its service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations.

Any use of the Services in violation of these limitations will be considered a breach of these Terms, and may result in disciplinary or legal action against you or your account.

You agree that you will not:

  1. Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or any other "cheat utility" software program or applications which are designed to modify the Sophun Games experience to the detriment of fair play;
  2. Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience;
  3. Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
  4. Exploit the Services or any of its parts for any commercial purpose;
  5. Promote or encourage any illegal activity including, without limitation, hacking, cracking or the distribution of counterfeit software, or cheats or hacks for the Services;
  6. Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law;
  7. Sell, rent, lease, distribute, transfer, license, sublicense, lend or otherwise assign any rights to, or any part of, the Services to any third party.

Disclosure and Transfer of Personal Data

Personal data may be disclosed in accordance with applicable legislation and Sophun Games’ Privacy Policy. Additionally, Sophun Games may disclose personal data to its parent companies and its subsidiaries in accordance with Sophun Games’ Privacy Policy. Sophun Games may hire agents and contractors to collect and process personal data on Sophun Games’ behalf, and in such cases, such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by Sophun Games. These agents and contractors may not use your personal data for their own marketing purposes. Sophun Games may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Sophun Games to legal liability. Sophun Games may also disclose your personal data to third parties when Sophun Games’ has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Sophun Games’ rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Sophun Games believes that such a disclosure is necessary to protect Sophun Games’ rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Sophun Games.

Code of Conduct

Your use of the Services is governed by certain rules (the "Code of Conduct"), which are maintained and enforced by Sophun Games, and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand, and abide by this Code of Conduct.

By accessing and using the Services, you agree that you will not, under any circumstances:

  1. Publish, post, upload, transmit, distribute or disseminate Content (as defined below) that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
  2. Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
  3. Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the
  4. return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuously posting repetitive text), are all prohibited;
  5. Promote, encourage, or otherwise advocate the use of illegal drugs;
  6. Violate the terms of any other applicable agreement or terms governing the access or use of the Services (including any end user license, code of conduct or other terms of use/service or guidelines from any website on which the Services are available);
  7. Use, upload, transmit, distribute or otherwise make available any Content (as defined below), including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
  8. Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages;
  9. Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or a Sophun Games representative) for the purpose of misleading others (including attempting to obtain the password, the account, or other information from a user);
  10. Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages);
  11. Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties;
  12. Use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
  13. Deal with Virtual Items in a manner that violates these Terms, including transferring Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
  14. Rent, lease, sell, trade, gift, bequeath or otherwise transfer or share your account to anyone without Sophun Games’ written permission.

These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services, and to take such action as we see fit - up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.

Communication Channels

The Services may provide communication channels such as forums, communities, or chat areas (the "Communication Channels") designed to enable you to communicate with other Service users. Sophun Games is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels, and to remove any materials, at any time without written notice for any reason, at its sole discretion. Sophun Games may also terminate or suspend your access to any Communication Channels at any time, without written notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Sophun Games, and these communications should not be considered reviewed or approved by Sophun Games. You will be solely responsible for your activities within the Communication Channels, and under no circumstances will Sophun Games be liable for any activity within the Communication Channels. When you post your observations and comments on the Services such as in forums, communities, blogs or chat areas, Sophun Games cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it. SOPHUN GAMES IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, COMMUNITIES, BLOGS OR CHAT AREAS. Sophun Games may also, at its discretion, choose to monitor and/or record your interaction with the Services or your communications with Sophun Games or other players (including without limitation chat text and voice communications) when you are using the Services.

Account Information

If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form. You may access the Services via the website, your account in a social network, like Facebook, Google, etc., or, if you are using our mobile Services, an account with the company that provides your mobile applications, such as an Apple account. You are responsible for maintaining the confidentiality of your account and login information (including usernames and passwords) and are responsible for any and all activities that occur under your account, including purchases, whether or not authorized by you. You must notify us immediately of any unauthorized use or the theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account, and you will be liable for any losses or damages incurred by Sophun Games or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in the cancellation of your account without refund. You shall also not have an account or use the Services if you have previously been removed by Sophun Games or previously been banned from using the Services. You may not use our Services if you are under the age of majority where you are located (collectively, “Children”). Children may not register for an account or provide any personal information to Sophun Games. By using our Services, you represent and warrant that you are a person who is over the minimum legal age to consent to the collection and processing of personal data under applicable law where you are located or whose parent or legal guardian have accepted and agreed to our Terms of Service and Privacy Policy. You agree that you will not knowingly allow any Child to use or access the Services without a parent or legal guardian supervising him or her.

Purchases in the Services

Sophun Games may license to you certain virtual goods or other content (e.g. in-game items or currency) which may be used within the Services and which you may purchase with “real world” money or earn or redeem through gameplay (“Virtual Items“). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis solely for non-commercial use.

Unless expressly authorized in the Services, you may only purchase Virtual Items from Sophun Games or its authorized partner and the transfer or sale of Virtual Items is prohibited.

Virtual Items do not have an equivalent value in real-world money and are not a substitute for real-world money. Neither Sophun Games nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Sophun Games is not liable for hacking or loss of your Virtual Items.

Price and availability of Virtual Items are subject to change without notice.

All purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that Virtual Items are provided to you immediately upon purchase and that you forfeit any right to cancel or withdraw from the purchase once the process has commenced. Accordingly, you agree that Sophun Games is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary. The foregoing does not affect your rights under applicable law.

If you ask for your personal data to be deleted as described in Sophun Games’ Privacy Notice, you will permanently forfeit all of your Virtual Items without the right to refund, as Sophun Games will no longer be able associate such Virtual Items with you.

Promotions, Contests, Sweepstakes and Offers

From time to time, we may offer limited-time promotions, contests, sweepstakes (“Promotion”). Please review the official rules (if any) associated with any Promotion and any other terms and conditions that apply to such Promotion. They will apply in addition to these Terms.

Also, at our sole discretion, we may make promotional offers, including discounts, deals, events with different features and different pricing to any of our users. Such offers may be different for different platforms such as Facebook, Google Play, App Store, etc., and for different users. These offers, unless made to you, will not apply to your offer. Therefore, unless otherwise defined by us, offer shall apply only to the user to whom it is addressed and only within the platform (store, website) on which it is made. We are not required to give, and you are not required to accept, any offer. Availability, % of discount, duration period of such offers are subject to change without notice. Sophun Games retains the right to manage, control, modify and/or discontinue promotional offers without notice at its sole discretion, and Sophun Games shall have no liability to you or anyone for the exercise of such rights. Please read terms and conditions (if any) that apply to such offers as they will apply in addition to these Terms. If you accept any offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the offer. If you accept any offer, you assume all liability associated with the offer.

Content Rights

"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by Sophun Games or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys. You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and Virtual Items or in-game “currency” acquired and developed as a result of gameplay, are the sole and exclusive property of Sophun Games and may be used by Sophun Games (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload, or otherwise transmit on or through the Services, Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to Sophun Games all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Sophun Games the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content. Sophun Games' representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. Sophun Games and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by "flagging" it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services. You acknowledge and agree that Sophun Games may use built-in tracking features to obtain information regarding your use of the Services, and agree that such information is deemed to be Content for all purposes under these Terms.

Termination

Your right to access and use the Site, Service and Content will remain effective until terminated in accordance with the Terms. Sophun Games reserves the right to revoke the license granted to you herein, and if we do, Sophun Games may terminate your access to and use of the Site, Service and Content and may, at its sole discretion, maintain or delete your account and any items associated therewith. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating Virtual Items, accumulating or creating Site items, creating submissions, or accumulating or creating any other digital and/or virtual objects, and you understand and agree that you will not be compensated under any circumstances for any Virtual Items, Site items or submissions, regardless of whether you are barred from access to them. Sophun Games may suspend, terminate, modify, or delete your Service account or rights thereto with or without prior notice to you, at any time for any reason or for no reason, including without limitation, for any violation or suspected violation of the Terms or for any other reason that Sophun Games, at its sole discretion, determines is appropriate. For example, your account may be deleted and terminated without warning if Sophun Games believes, at its sole discretion, that you violate any provision of these Terms; if you have provided any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or Sophun Games has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

Upon termination of the Services or a part thereof, your license to use the Services or a part thereof will be automatically terminated. In such event, Sophun Games shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

Intellectual Property Rights

Sophun Games retains all rights in the Services materials (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, any correspondence with Sophun Games, character profile information, personalized avatars, recordings of games played and other files, and their selection and arrangement) (collectively, “Service Materials”) and any patents, trademarks, designs, trade dress, brands, service marks, copyrights and any other Intellectual property rights whether registered or not (“IPR”) used in relation to or with the Services and are owned or licensed by Sophun Games.

You may only use the Service Materials and IPR in connection with your use of the Services for personal, non-commercial, entertainment purposes only. The Service Materials or IPR may not be used, including any derivative use, by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Service Materials, or rights to any derivative works thereof.

All trademarks, names, logos, slogans (collectively, “Trademarks”) are the property of Sophun Games or their respective owners. Unless you have agreed otherwise in writing with us or the respective third-party owner, nothing in these Terms gives you a right to use any of our Trademarks and any other distinctive brand features.

You acknowledge that any breach of this Section by you shall constitute a material breach of the Terms, with all consequences arising therefrom.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Services, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to Sophun Games’ Designated Agent with the following information:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  4. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Sophun Games’ Designated Agent for claims of copyright infringement can be reached as follows: privacy@sophun.games. You acknowledge that if you fail to comply with substantially all of the above requirements of this section, your DMCA notice may not be valid and we may not be able to remove infringing content. Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Third Party Websites and Advertising

Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we disclose to advertisers. Please read it.

Sometimes we provide links in the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services or upgrade (such as in-game currency) in exchange. Any charge or obligation you take on in dealing with these other companies is your responsibility. Sophun Games makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Services, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Sophun Games and may collect data or solicit personal information from you, or they may automatically collect information from you. When you use other companies' services like these, the other company's service may (or may not) ask you for permission to access your information and content. Sophun Games is not responsible for their content, business practices or privacy policies, or for the collection, use, share or disclosure of any information those sites may collect from you. Your relationship with that other company will control how it can use, store, and share your information. Further, the inclusion of any link does not imply endorsement by Sophun Games of these linked sites.

We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Services, you acknowledge and agree that we have not reviewed all the websites linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.

Arbitration Provision and Court or Jury Trial and Class Action Waivers

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. IF YOU DO NOT AGREE WITH ALL OF THE CONTENTS OF THIS SECTION, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR SERVICE. YOU AGREE THAT BY ACCESSING OR USING THE SITE OR SERVICE, YOU ARE WAIVING ANY RIGHT YOU MAY HAVE TO FILE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION AND ARE WAIVING ANY RIGHT TO A COURT OR JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU AGREE THAT ANY AND ALL CLAIMS, CONTROVERSIES, AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE SITE OR SERVICE, OR YOUR DEALINGS WITH SOPHUN GAMES, INCLUDING, BUT NOT LIMITED TO, ENFORCEABILITY OF THIS SECTION, SHALL BE FINALLY REFERRED TO, SETTLED, DETERMINED, AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION.

YOU AGREE THAT, TO THE EXTENT ANY CLAIMS EXIST, YOU MAY BRING SAID CLAIMS AGAINST SOPHUN GAMES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. THE RIGHT TO PARTICIPATE IN A CLASS ARBITRATION AND/OR CLASS ACTIONS ARE NOT PERMITTED AND ARE EXPRESSLY WAIVED AND RELEASED.

Dispute Resolution and Applicable Law

These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United Kingdom. You agree that the courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.

Prohibition on Transfers

Sophun Games expressly prohibits and does not recognize any sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for money, goods or any other exchange for anything of value. This prohibition extends to any transfers of Virtual Items within the Services or outside of them. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from using Sophun Games’ products and services, and even legal action.

Availability of the Services and Warranty Disclaimer

We make no promises or guarantees that the Services or any Content will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICES OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

If your state or country does not allow these disclaimers, they do not apply to you. If your country requires a certain period for which a warranty applies, it will be either the shorter of fourteen (14) days from your first use of the Services or the shortest period required by law.

Limitation of Liability

SOPHUN GAMES AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOPHUN GAMES OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SOPHUN GAMES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNTS PAID BY YOU TO SOPHUN GAMES IN THE PAST 100 DAYS. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH SOPHUN GAMES.

Class Action Waiver

YOU AGREE THAT BY ACCESSING OR USING THE SERVICES, YOU ARE WAIVING ANY RIGHT YOU MAY HAVE TO FILE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AGREE THAT ARBITRATION OR COURT TRIAL (WHETHER BEFORE A JUDGE OR JURY OR PURSUANT TO JUDICIAL REFERENCE) OF ANY CLAIM YOU MAY HAVE AGAINST SOPHUN GAMES, INCLUDING SOPHUN GAMES’ PAST AND PRESENT AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, WILL TAKE PLACE ON AN INDIVIDUAL BASIS WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION (THE “CLASS ACTION WAIVER”). THE CLASS ACTION WAIVER PRECLUDES YOU FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION REGARDING A CLAIM.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, these Terms of Service or Privacy Policy, your dealings with Sophun Games, must be filed by you within SIX (6) MONTHS after such claim or cause of action arose, and is thereafter forever barred. You voluntarily and expressly waive any other longer statute of limitations. However, you agree that any shorter statute(s) of limitations remain in effect.

Legality Requirement

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services, and are solely responsible for obeying those laws. If your accessing and using of the Services would result in violation of laws of the state(s) or country in which you reside and from which you access the Services, you are obliged and agree: (a) to immediately cease your use of the Services, and (b) to cancel any accounts you have created using the Services, and (с) to uninstall any software, related to the Services. If the Services or any part thereof is determined to be illegal under the laws of the state(s) or country in which you are situated, you are not granted any license to use the Services and you must refrain from using the Services. Virtual Items may only be collected or purchased by legal residents of state(s) and countries where access to and use of the Services are permitted.

Indemnification

You agree to defend, indemnify, and hold Sophun Games harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Sophun Games 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.

Remedy

You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services is: (a) to discontinue your use of the Services; and (b) to cancel any accounts you have created using the Services; and (с) to uninstall any software related to the Services.

Waiver and Severability

The failure of Sophun Games to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Injunctive Relief

You acknowledge that the rights granted and obligations made hereunder to Sophun Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Sophun Games and which cannot be replaced by monetary damages alone so that Sophun Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.

Assignment

Sophun Games may assign or delegate the Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under the Terms without Sophun Games’ prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Notices

If we have to give you notice of something according to the Terms, we may notify you by posting a notice on Sophun Games’ websites or social networking websites, posting a message in the Sophun Games’ game(s) you play, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us. If you have to give us notice of something according to the Terms, please contact Sophun Games at contact@sophun.games

Force Majeure

Sophun Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Sophun Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Sophun Games’ control such as acts of God, war, terrorism, riots, pandemic, embargoes, acts of civil or military authorities, changes in law, fire, floods, accidents, network infrastructure failures, or labour stoppages or strikes.

Entire Agreement

These Terms are the entire and exclusive agreement between Sophun Games and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.

Contact

The Services are operated and provided by Sophun Games Limited and its Affiliates. If you have any questions about these Terms, please contact us at contact@sophun.games or by mailing us at Sophun Games Limited, 16 Great Queen Street, Covent Garden, London, United Kingdom WC2B 5AH.