Version: 1.0 Last updated: 7/11/2024
These Terms of Use (“Terms”) is a legal agreement between you and SSPS LLC (having registered office at 850 New Burton Road, Suite 201, Dover, DE 19904) (“Company” “we” or “us”). By using mobile games published by Company (through the Online Store) (“App”), or otherwise access any of our other products, services or content (“Services”), you agree to and accept the Terms, which we may update from time to time. Your use of our Services is also subject to our Privacy Policy (which is a part of the Terms) which covers how we collect, use, share and store your personal data.
By downloading, installing, using or otherwise accessing the Services, you agree to the Terms. If you do not agree to the Terms, please do not download, install, use or otherwise access the Services. Use of the Services is void where prohibited. Our App download page may contain certain additional terms, conditions and requirements, which constitute a part of the Terms. In case you download the App through an online store such as Google Play Store, Apple App Store, etc. (“Online Store”), please, review the terms and conditions of the owner of that particular Online Store, which may provide for certain additional requirements applicable to the download of the App through that Online Store, its installation and use.
We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time by posting the amended Terms. If there is a material change, we may also provide additional notice within the Services. Unless we state otherwise, the changes are effective immediately upon posting. Each time you access our Services, the current version of the Terms applies. If you continue to use the Services after the changes are posted, you agree that the changes apply to your continued use of the Services.
If you do not agree with any amendment to the Terms, your only remedy is to cease use of our Services. If any portion of the Terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable.
By installing, accessing or using our Services you confirm that you are at least 18 years of age and have a full legal capacity to enter into this agreement. We also reserve the right, in our sole discretion and at any time, to discontinue or modify our Services or any part thereof or remove or edit Content (as defined below), without prior notice either permanently or temporarily, at which point your right to use those Services or any part thereof will be automatically terminated or suspended.
The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help to protect your personal data against unauthorized access or disclosure, however, we may not guarantee that your personal data or private communications will always remain private when using our Services. You accept all responsibility for such security risks and any damage that may result therefrom. It is also your sole responsibility to use all reasonable and recommended measures (such as complex passwords, etc.) in order to secure your device from any unauthorized access.
Our Services are comprised of works and intellectual property owned by Company and/or its licensors, including, without limitation: games, titles, computer code, themes, objects, characters, stories, dialogue, artwork, graphics, images, animations, audio-visual effects, screen shots, text, sound, music, digitally downloadable files, trademarks, logos, product and character names, slogans, virtual currency and virtual items and the compilation of the foregoing (“Content”).
Under the Terms, we grant you a non-exclusive, personal, limited, revocable and non-transferable license to use our Services, provided you agree to comply with the Terms. The Content in our Services are for gaming services and for your non-commercial enjoyment and entertainment. Any other use, including modification, reproduction, uploading, posting, transmission, distribution, sale, rent, lease, display, performance, broadcast, sublicense, assignment or other making available of any rights to the Content or any portions thereof to third parties in any form or by any means without our prior written permission, is strictly prohibited.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THE TERMS, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE ONLINE STORES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, COMPANY MAKES NO WARRANTY THAT THE SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO THE TERMS OR YOUR USE OF THE SERVICES. IN NO EVENT WILL COMPANY’S TOTAL CUMULATIVE LIABILITY EXCEED THE GREATER OF (I) THE FEES YOU PAID TO COMPANY FOR THE USE OF THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY, OR (II) US$10. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT.
These Terms are effective until terminated. We may terminate your access and use of the Services at any time without prior notice. Upon such termination, you must stop using and destroy any copies of our Services. In the event of termination of the Terms for any reason, Sections 3-11 shall survive such termination.
The Terms and any dispute or claim arising out of or in connection with the Terms or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware. Any disputes arising out of or relating to the Terms, the Privacy Policy, and the use of the Services shall be resolved by binding arbitration. The arbitration shall be conducted in Delaware, in the English language, and shall be conducted by a single arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding, and may be enforced in any court of competent jurisdiction. You agree that you may only bring claims against us in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If you have any questions about these Terms, please contact us at [email protected].