Terms of Use
1. About us
2. Registration and Account
SPIL Games offers a great variety of games on its portals and on other platforms such as application stores. These games are free to play unless indicated otherwise. However, you are solely responsible for any costs you may incur using the Service through any wireless or other communication service. In certain games you may purchase virtual items (such as a virtual game element or virtual coins) or a subscription to download a game. For the processing of any payments on the SPIL Sites or any other platform, SPIL Games may use third party payment providers as set out in Section 6.
3. User Generated Content
- acknowledge and agree that every user of the Service may have access to such User Generated Content, and that SPIL Games has no control over that information or what users do with it;
- warrant that you are authorized to do so and to grant SPIL Games the license referred to in 3.2, and that such content does not infringe any third party rights, including but not limited to any intellectual property rights, and does not violate any applicable law. You indemnify SPIL Games against any third party (among which any authorities) claims, related costs and damages in this respect.
4. Advertisements and Third Party Content
5. Conduct on the Service
- engage in any act that SPIL Games deems to be in conflict with the spirit or intent of the Service
- use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service.
- use the Service in a manner that exceeds the rights granted for your use;
- use the Service for any data mining, robots, or similar data-gathering and -extraction tools on the content; frame any portion of the Service
- reproduce, copy, adjust, display, modify, translate, port, publish, (sub)license, transfer, or otherwise distribute or exploit the content available on the Service without our prior written consent;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by SPIL Games.
- offer any form of advertising or promotion on the Service without our prior written consent;
- provide any false personal information, or any information, content, or material on account of a third party without permission;
- transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages) through the Service;
- use the Service in a manner that could damage, disable, or overburden our servers or networks;
- interfere with any other party’s use and enjoyment of the Service; or
- circumvent any mechanisms included in the Service for preventing the unauthorized reproduction or distribution of any content on the Service.
- violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business, or entity, including SPIL Games and its employees and agents;
- contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense or give rise to civil liability; or
- otherwise violates these Terms of Use, guidelines, or any policy posted on the Service.
SPIL Games reserves the right to determine what conduct it considers to be in violation of the Terms of Use or otherwise outside the intent or spirit of these Terms of Use. SPIL Games reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
6. Virtual items and in-game purchases
Any purchases via the Service require you to enter into an agreement with either SPIL Games or the relevant Payment Service Provider (“PSP”) to carry out the payment (you will see on the payment screen which PSP you are concluding the transaction with). As a parent/legal guardian you are responsible for any payments made via credit card or other payment instrument (e.g. phone, SMS, Paypal) on the Service by a minor.
- you have not used your Account for 180 consecutive days, as referred to in 2.4 above;
- if we do no longer offer the content or Service that the (balance of) the Paid Services relates to, subject to prior notice by SPIL Games to that extent;
- you fail to comply with these Terms of Use.
There is no right for refund or other compensation for unused Paid Services in this respect.
If a Paid Service becomes unavailable following a transaction but prior to download, your sole remedy is limited to a refund of the price paid for the unavailable virtual product. If technical problems prevent or unreasonably delay delivery of your virtual product, your exclusive and sole remedy is either replacement or a refund of the price paid, as determined by SPIL Games.
We will accept your return of products that are not virtual products (e.g., virtual goods, subscriptions and game progress are virtual products) purchased through the Service as long as the products and packaging are returned in their original condition within thirty (30) days of shipment to you. When we ship you physical products, we will include a return authorization form that you need to enclose along with anything you send back to us. Virtual products are non-refundable, and non-returnable except, in our sole and absolute discretion.
7. Proprietary rights
Unless otherwise specified in writing, all Content is owned, controlled, or licensed by SPIL Games or its licensors. All Content is copyrighted under copyright laws and/or other intellectual property laws protecting it from unauthorized use. The Trademarks, the logos and designs may not be used without SPIL Games express written permission. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of SPIL Games or any other third party.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other proprietary rights in the Account. All right in and to the Account are and shall remain owned and inure to the benefit of SPIL Games.
8. Disclaimer of warranties and limitation of liability
The foregoing does dot prejudice the limitations of liability and the indemnifications, elsewhere in these terms conditions.
- the electronic or physical signature of the owner of the IP right or the person authorized to act on the owner’s behalf.
- a description of the IP right that you claim has been infringed and a description of the infringing activity.
- identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published or in case of a registered brand name, an excerpt of such register evidencing the registry.
- if you are not the owner of the IP right, a copy of a license in which you are granted the right to use and to protect such IP right.
- identification of the URL or other specific location on this site where the material that you claim is infringing is located; this information must be specific enough in order to enable us to localize such material.
- your name and full contact details.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
9. Indemnifications
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies as well as any respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Miscellaneous
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any of SPIL’s games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.