TERMS OF SERVICE
Last updated: July
15, 2022
Solitaire Bit Studio is
a
mobile game developer(“We”, “Us” or “Our”). This terms
of
service (the “Terms”) constitutes a binding agreement between you and us.
Generally, these Terms will guide and govern your access to and use of our
online websites, mobile games, mobile applications and services
(collectively
“Services”).
We understand the importance of representing one’s work with respect, thus we
are committed to providing the highest quality product and promoting the
awareness of intellectual property rights. In order to achieve that, we all
have
to respect the following rules.
These terms of service (the “Terms”) constitute a legally binding agreement
between end user of the Services (“You”) and we governing your online and
offline use of the software and collection of services offered on our website
(the “Site”) and in our apps and their updates, as well as related services
(collectively “Services”), and affecting your legal rights (the “Agreement”).
Please read these Terms and our Privacy Policy as well as other terms
referenced
in this document carefully as you agree to (and comply with) them, accept them
and agree to be bound by them before you may use the app. USING OUR SERVICES
INDICATES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THE TERMS,
AS WELL AS ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO OUR SERVICES
THAT WE MAY PUBLISH FROM TIME TO TIME AND ALL AGREEMENTS DEFINED IN THE
SECTION
THIRD PARTY SERVICES.
Digital environment and law governing it change frequently, thus we reserve
the
right to make changes to these Terms at any time. When we do so, we’ll provide
you with prominent notice by displaying it on the Site.
When you use or access our Services in any capacity, you represent that you are at least the minimum age to consent for data processing under the laws of your jurisdiction (e.g., 13 years old in the United States, and 16 in some EU territories), and not barred from accessing the Services under applicable law. Notwithstanding the foregoing, we may provide some Services that are available specifically to younger players as permitted under applicable law. Regardless, if you are under the age of 18, you hereby agree that you have gotten permission from a parent or guardian to use our Services, and your parent or guardian must agree to these Terms and accept them on your behalf. Parents and legal guardians are responsible for the acts of their children when they use our Services. If you access our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.
You may not use our Services if you are not allowed to receive products, including services or software, from the United States, for example if you are in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
You are responsible for knowing and complying with applicable laws of your jurisdiction. If such laws conflict with your use of the Services, you are not permitted to use them.
These Terms does not entitle You to receive, and does not obligate Lake to
provide hard copy documentation, support, telephone assistance or enhancements
or updates to the Services.
Updates and
Availability
Modifications to Terms of Service
We may modify these Terms of Service from time to time. We will notify you of
material changes to these Terms of Service by posting the amended terms on the
Services before the effective date of the changes. Once any updated Terms are
in
effect, you will be bound by them if you continue to use our Services.
We hope that you will continue using our Services, but if you do not agree to
our updated Terms, you can delete your account at any time.
Availability of
the Services
Our Services may be suspended temporarily without notice to you for security
purposes, maintenance or repair, system failures, or other similar
circumstances
(collectively, “Service Interruptions”). You acknowledge and agree that you
are
not entitled to a refund or rebate related to such Service Interruptions.
Termination
If we determine that you have clearly, seriously or repeatedly breached our
Terms or Policies, we may suspend or permanently disable access to your
account.
We may also suspend or disable your account if you repeatedly infringe other
people's intellectual property rights or where we are required to do so for
legal reasons.
Where we take such action, we'll let you know and explain any options you have
to request a review, unless doing so may expose us or others to legal
liability;
harm our community of users; compromise or interfere with the integrity or
operation of any of our services, systems or Products; or where we are
restricted due to technical limitations; or where we are prohibited from doing
so for legal reasons.
Privacy and
Copyright Protection
Privacy Policy
In connection with your use of the Service, please review our Privacy Policy
to
understand how we use information we collect from you when you access, visit
or
use the Service. The Privacy Policy is a part of these Terms, and by agreeing
to
these Terms, you agree that we may use information collected from or about you
in accordance with the Privacy Policy.
Intellectual
Property Rights
Subject to your compliance with these Terms, we grant you a limited,
non-exclusive, non-transferable license to download and install a copy of the
app on a mobile device or computer that you own or control and to run such
copy
of the app solely for your own personal, non-commercial purposes. We reserve
all
rights in and to the app not expressly granted to you under these Terms. You
may
not copy the app, except for making one copy for backup or archival purposes.
If
you make a copy for your own backup or archival purposes, you must retain all
trademark, copyright and other proprietary notices contained in and on the
Services.
If you submit any ideas, suggestions, feedback, or other content to us,
you grant to us(or warrant that the owner of such information and
material has expressly granted to us) a royalty-free, worldwide, perpetual,
irrevocable, unrestricted, right and license to use, copy, display, perform,
modify, adapt, publish, and distribute, or otherwise make available such
content (including any associated intellectual property rights), in whole or
in part, for providing and improving our Services as described
above.
However, unless we expressly state otherwise, your rights do not include: (i)
publicly performing or publicly displaying the Service; (ii) modifying or
otherwise making any derivative uses of the Service or any portion thereof;
(iii) using any data mining, robots or similar data gathering or extraction
methods; (iv) downloading (other than page caching) of any portion of the
Service or any information contained therein; (v) reverse engineering or
accessing the Service in order to build a competitive product or service; or
(vi) using the Service other than for its intended purposes. If you do any of
this stuff, we may terminate your use of the Service.
User Content and
Activities
Your Content &
Conduct
Our Service may allow you and other users to post, link and otherwise make
available content. You are responsible for the content that you make available
to the Service, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Service, you
grant us the right and license to use, reproduce, modify, publicly perform,
publicly display and distribute your content on or through the Service. We may
format your content for display throughout the Service, but we will not edit
or
revise the substance of your content itself.
Aside from our limited right to your content, you retain all of your rights to
the content you post, link and otherwise make available on or through the
Service.
You can remove the content that you posted by deleting it. Once you delete
your
content, it will not appear on the Service, but copies of your deleted content
may remain in our system or backups for some period of time. We will retain
web
server access logs and then delete them.
You may not post, link and otherwise make available on or through the Service
any of the following:
● Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
● Content that is illegal or unlawful, that would otherwise create liability;
● Content that may infringe or violate any patent, trademark, trade secret,
copyright, right of privacy, right of publicity or other intellectual or other
right of any party;
● Content that may infringe or violate any patent, trademark, trade secret,
copyright, right of privacy, right of publicity or other intellectual or other
right of any party;
● Mass or repeated promotions, political campaigning or commercial messages
directed at users who do not follow you (SPAM);
● Private information of any third party (e.g., addresses, phone numbers,
email
addresses, Social
● Security numbers and credit card numbers); and
● Viruses, corrupted data or other harmful, disruptive or destructive files or
code.
● Also, you agree that you will not do any of the following in connection with
the Service or other users:
● Use the Service in any manner that could interfere with, disrupt, negatively
affect or inhibit other users from fully enjoying the Service or that could
damage, disable, overburden or impair the functioning of the Service;
● Impersonate or post on behalf of any person or entity or otherwise
misrepresent your affiliation with a person or entity;
● Collect any personal information about other users, or intimidate, threaten,
stalk or otherwise harass other users of the Service;
● Circumvent or attempt to circumvent any filtering, security measures, rate
limits or other features designed to protect the Service, users of the
Service,
or third parties.
Rules Governing User Contributions; Prohibited
Activities
A. User Contributions.
If you are a member of the Service and you are logged in to your member
account,
you may be able to submit comments, stories and content to the Service
(collectively, “Contributions”). You are entirely responsible for the content
of, and any harm resulting from, any Contributions that you post on or through
the Service. When you create or make available a Contribution on or through
the
Service, you represent and warrant that you:
(1) own or have sufficient rights to post your Contributions on or through the
Service;
(2) will not post Contributions that violate our or any other person’s privacy
rights, publicity rights, intellectual property rights (including without
limitation copyrights) or contract rights;
(3) have fully complied with any third-party licenses relating to
Contributions
and shall pay all royalties, fees and any other monies required to be paid in
connection with Contributions that you post on or through the Service;
(4) will not post Contributions that: (i) are defamatory, damaging,
disruptive,
unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar,
indecent,
profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious,
filthy, threatening, excessively violent, harassing, or otherwise
objectionable;
(ii) incite, encourage or threaten immediate physical harm against another,
including but not limited to, Contributions that promote racism, bigotry,
sexism, religious intolerance or harm against any group or individual; or
(iii)
contain material that solicits personal information from anyone under the age
of
13 or exploits anyone in a sexual or violent manner;
(5) will not post Contributions that contain advertisements or solicit any
person to buy or sell products or services;
(6) will not post
Contributions
that constitute, contain, install or attempt to install or promote spyware,
malware or other computer code, whether on our or others’ computers or
equipment,
designated to enable you or others to gather information about or monitor the
on-line or other activities of another party.
B. Prohibited Activities.
In addition to the obligations you agree that you in connection with your use
of
the Service, you will not:
(1) use the Service for any unauthorized purpose including collecting
usernames
and/or email addresses of other users by electronic or other means for the
purpose of sending unsolicited email or other electronic communications, or
engaging in unauthorized framing of, or linking to, the Service without our
express written consent;
(2) transmit chain letters, bulk or junk email or interfere with, disrupt, or
create an undue burden on the Service or the networks or services connected to
the Service, including without limitation, hacking into the Service, or using
the system to send unsolicited or commercial emails, bulletins, comments or
other communications;
(3) impersonate any other person or entity, sell or let others use your
profile
or password, provide false or misleading identification or address
information,
or invade the privacy, or violate the personal or proprietary right, of any
person or entity;
(4) post advertisements or solicitations for jobs or employment on the
Service,
or otherwise use the Service to hire any person to perform work, including,
without limitation, posting advertisements or solicitations for modeling jobs
or
talent or talent scouting positions on the Service;
(5) post on the Service any franchise, pyramid scheme, “club membership,”
distributorship or sales representative agency arrangement or other business
opportunity which requires an up-front or periodic payment, pays commissions,
or
requires recruitment of other members, sub-distributors or sub-agents;
(6) decompile, disassemble, modify, translate, adapt, reverse engineer, create
derivative works from or sublicense the Service, or any portion thereof; or
(7) circumvent, disable or otherwise interfere with security related features
of
the Service or features that prevent or restrict use or copying of any
Materials
or enforce limitations on use of the Service or the Materials on the Service.
If you are a copyright owner or the legal agent of a copyright owner, and you
believe that any user Contribution on the Service infringes upon your
copyrights, you may submit a takedown notification to us by sending emails.
Rights in
Contributions
A. Ownership of Contributions.
We do not claim any ownership rights in the Contributions that you post on or
through the Service. After posting your Contributions on the Service, you
continue to retain any rights you may have in your Contributions, including
any
intellectual property rights or other proprietary rights associated with your
Contributions, subject to the license you grant to us below.
B. Grant of License to Us for Contributions.
By making a Contribution to the Service, you grant us a perpetual,
non-exclusive
(meaning you are free to license your Contribution to anyone else in addition
to
us), fully-paid, royalty-free (meaning that we are not required to pay you to
use your Contribution), sublicensable (so that we can use affiliates,
subcontractors and other partners such as wireless carriers and hosted service
providers to make the Service available to you) and worldwide (because the
Internet is global in reach) license to use, modify, create derivative works
of,
publicly perform, publicly display, reproduce, disseminate, market and
distribute the Contribution in connection with the Service, our business, or
the
promotion of the Service or our business in any media formats and through any
media channels now known or subsequently created. This license does not grant
us
the right to sell your Contributions.
Member
Accounts and Registration
To access certain features of our Services, you may be required to register
for
an account with our Services. You can sign up for an account by completing the
registration process at when prompted in our App.
You will assume all responsibility for actions taken under your account,
including any financial liability incurred. As part of your member account,
you
will be able to create a user profile, sync your activity across devices, and
access certain features restricted to registered members only.
Our Management of this Website; User Misconduct
A. Our Right to Manage the Service.
We reserve the right, but do not undertake the obligation to: (a) monitor or
review the Service for violations of these Terms of Service and for compliance
with our policies; (b) report to law enforcement authorities and/or take legal
action against anyone who violates these Terms of Service; (c) refuse,
restrict
access to or the availability of, or remove, delete, edit or disable (to the
extent technologically feasible) any Contribution or any portion thereof; (d)
manage the Service in a manner designed to protect our and third parties’
rights
and property or to facilitate the proper functioning of the Service; (e)
screen
our users or members, or attempt to verify the statements of our users or
members and/or (f) monitor disputes between you and other users or to
terminate
or block you and other users for violating these Terms of Service.
B. Interactions with other Users.
You are solely responsible for your interactions with other users of the
Service. Please note that there are risks that may arise when dealing with
strangers, including persons who may be acting under false pretenses. Please
choose carefully the information you post on the Service and that you give to
other users of the Service. You are discouraged from publicly posting your
telephone number or street address on the Service. Information posted to the
Service by other users of the Service may be offensive, harmful or inaccurate,
and in some cases may be mislabeled or deceptively labeled. You assume all
risks
associated with dealing with other users with whom you come in contact through
the Service. Opinions and other statements included in users’ Contributions do
not represent our opinions or statements and the posting of a Contribution on
the Service does not constitute the Company’s support or endorsement of any
opinions or statements expressed in the applicable Contribution.
C. Our Right to Terminate Users.
Without limiting any other provision of these terms of service, we reserve the
right to, in our sole discretion, and without notice or liability, deny access
to and use of the service to any person for any reason, including without
limitation for breach of any representation,warranty or covenant contained in
these terms of service, or of any applicable law or regulation.
Virtual
Goods
and Virtual Money
We may include virtual currencies such as coins(“Virtual Money”) or items or
services for use with our Games (“Virtual Goods”). If you are over 18 years
old
you may be able to buy Virtual Goods or Virtual Money. You agree that once
purchased Virtual Money and Virtual Goods have no monetary value and can never
be exchanged for real money, real goods or real services from us or anyone
else.
You also agree that you will only obtain Virtual Money and/or Virtual Goods
only
from us, and not from any third party. You agree that Virtual Money and
Virtual
Goods are not transferable to anyone else and you will not transfer or attempt
to transfer any Virtual Money or Virtual Goods to anyone else.
The balance of virtual goods or virtual currency does not contain real value.
The user agrees that the sales of all virtual currencies and goods are final
and
that we do not make refunds once the transactions are complete. When a user
purchases virtual goods or currencies from the company, the delivery of goods
will be carried out as soon as the purchase is complete and thus, the user
agrees that they forfeit the right to withdraw and cancel since they have
already received the benefits of the relevant virtual goods and/or currencies.
Upon a notice to the user, we may manage, regulate, change or remove the
contents of all virtual currencies or goods without being held liable by the
user.
When we stop or terminate the user’s account without limits to its contents
according to the Terms and Conditions of the company, the user will lose all
of
the virtual currencies and goods they hold and we will not make a refund and
compensate for the loss.
Subscriptions
Payments and Fees
We offer certain premium features of the Services which you can purchase as a
monthly, yearly or lifetime subscription (“Subscription”). You can find
descriptions of the features and benefits associated with the Subscriptions on
the App. To purchase a Subscription, you will have to provide a valid,
accepted
Payment Method (e.g., debit or credit card) to either the Apple App Store or
Google Play Store. By submitting such information, you agree and warrant that
the Apple App Store or Google Play Store have the right to use or provide the
information to third parties for payment processing. You may be subject to
additional terms and conditions imposed by Apple or Google.
Automatically Renewing Subscriptions
When you purchase a Subscription, your Subscription will automatically renew
based on the term you select (e.g., on a monthly or yearly basis) until
terminated. You authorize us to charge your Payment Method up to 24 hours
before
the end of the current Subscription term. You can cancel your Subscription in
your Apple App Store or Google Play Store settings at least 24 hours in
advance
of the end of your current Subscription term.
No Refunds
Payments for Subscriptions are nonrefundable. We do not provide partial
refunds
or credits for unused periods. Following any cancellation, however, you will
continue to have access to the premium features of the Services associated
with
the Subscription you purchased through the end of your Subscription term.
Changes to the Price and Subscription Terms
We reserve the right to change our Subscription terms or pricing at any time,
which we may determine in our sole discretion. Any Subscription terms or
pricing
changes will not apply retroactively and will only take effect following
notice
to you.
Free Trial
You may be offered a Free Trial of premium features associated with a paid
Subscription. Free Trial eligibility shall be determined by us in our sole
discretion, and we may limit eligibility or duration to prevent abuse. At the
end of your Free Trial term, your subscription may automatically renew, as
stated in the notice that you accept at the time you sign up for the Free
Trial.
Refund Policy
You can request for a purchase withdrawal if you have purchased any virtual
goods or currencies in cash within the last 7 days and if they are completely
unused. If you have purchased them within the last 7 days but have used up
part
of them, then you can no longer request for a purchase withdrawal.
Moreover, if you have received any additional virtual goods together with
those
purchased and part of such additional virtual goods have been used up, you are
no longer able to request for a purchase withdrawal.
In addition, if you have received any virtual goods or currencies as a gift,
you
cannot request for a purchase withdrawal for these or exchange them for cash.
Purchase withdrawals can be made through email and it will be returned to the
same method you used to make the payment. When processing your purchase
withdrawal request, the virtual goods and currencies will be collected,
however,
please understand that the time of refund will differ according to the payment
method used.
However, if there was a fault with the virtual goods and currencies you
received, you can make a purchase withdrawal request within the 3 months of
their purchase, or within the 30 days from the date you knew or could know
about
the fault, whichever comes first.
Third Party App
Stores
You acknowledge and agree that the availability of the Service may be
dependent
on third party websites from which you download the Service, e.g., the Apple
App
Store or Google Play Store (each a “Third Party App Store”). You acknowledge
that these Terms of Service are between you and us and not with the applicable
Third-Party App Store. Each Third-Party App Store may have its own terms and
conditions to which you must agree before downloading the Service from it. You
agree to comply with, and your license to use the Service is conditioned upon,
your compliance with, the applicable Third-Party App Store terms and
conditions.
Third Party Sites
The Service may contain links to websites operated by third parties (“Third
Party Sites”). For example, you may be able to share Contributions or other
information with Third Party Sites through links on the Service; however, we
do
not own or operate the Third Party Sites, and we have not reviewed, and cannot
review, all of the material, including goods or services, made available
through
Third Party Sites. The availability of these links on the Service does not
represent, warrant or imply that we endorse any Third-Party Sites or any
materials, opinions, goods or services available on them. Third party
materials
accessed through or used by means of the Third-Party Sites may also be
protected
by copyright and other intellectual property laws. These terms of service do
not
apply to third party sites. before visiting a third-party site through links
or
other means provided on or through the service, you should review the
third-party site’s terms and conditions and privacy policy, and inform
yourself
of the regulations, policies and practices of these third-party sites.
Warranties and
Disclaimers
Warranty Disclaimer; Limitation on Liability
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS”
AND
“AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE
SERVICES, WE DO NOT MAKE ANY REPRESENTATIONS ABOUT OR IMPLY THAT WE ENDORSE
ANY
USER CONTENT OR CONTRIBUTIONS AVAILABLE ON OR LINKED TO BY THE SERVICES,
INCLUDING WITHOUT LIMITATION, CONTENT OR CONTRIBUTIONS HOSTED ON THIRD PARTY
SITES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF
THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU
FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF
SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS,
LICENSORS,
SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE
PROVIDERS
AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF
THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES,
CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON OR LINKED TO BY
THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS,
MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE
OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION
OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES,
TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY
THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS
OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
Limited Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO
YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
Others
Severability of
Provisions
These Terms of Service operate to the fullest extent permissible by law. If
any
provision or part of a provision of these Terms of Service is unlawful, void,
or
unenforceable, that provision or part of the provision is deemed severable
from
these Terms of Service and shall not affect the validity and enforceability of
any remaining provisions.
Non-Waiver
Our failure to exercise or enforce any right or provision of these Terms of
Use
shall not operate as a waiver of the applicable right or provision.
Assignment
We may assign our rights under these Terms of Use without your approval. If
any
of our employees offers to modify the terms of these Terms of Service, he or
she
is not acting as an agent for us or speaking on our behalf. You may not rely,
and should not act in reliance on, any statement or communication from our
employees or anyone else purporting to act on our behalf.
Independent
Contractors
Nothing in these Terms of Service shall be deemed to create an agency,
partnership, joint venture, employer-employee or franchisor-franchisee
relationship of any kind between us and any user.
Contact Information
If you have any concerns regarding the use of our Services contact us by
email:
support@solitairebit.com.