These Terms of Service ("Terms") are a legal agreement between you (referred to as "you" or "User") and Digisoft (referred to as the "Company"/"us"/"we"/"our" in these Terms).
Please read these Terms carefully. These Terms govern your access to and use of the Services. Changes may be made to these Terms or to our Privacy Policy from time to time.
Acceptance of the Terms
By installing, connecting, accessing, participating, playing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these "Terms".
If you do not agree to these Terms please do not install, connect, access, participate, play or use any of our Services.
You may not connect, access, create an account or use our Services if:
1. You are under 13 years old.
2. If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms.
3. You cannot enter a binding agreement with Digisoft.
Changes to These Terms
The Company reserve the rights, at its sole discretion, to change these Terms and the Privacy Policy at any time. The changes will become effective immediately after they were published. Please revisit this page frequently. Your continued use of our Services will be deemed acceptance to amended or updated Terms. If at any time, you do not agree with the effective version of the Terms, please stop using our Services.
The Services
The Company provides free online games. Our games may use Facebook, Google and/or Apple to identify Users using Standard Accounts. Upon registering to our Services using a Standard Account, you will be requested to log in into your Facebook, Google and/or Apple account, and grant us the permission to receive basic information from the account provider (such as full-name, email address, gender and public Facebook profile photo, etc.).
We may let you, create a temporal Guest Account to experience some features of our games, in which case your identification information will be stored on your device. Guest Accounts are temporal and can be lost or deleted and you can lose all your data (progress, earnings, etc.).
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are sixteen (16) years of age or older or, if you are between the ages thirteen (13) and sixteen (16), you have your parent's or legal guardian's permission to enter into these Terms, or otherwise have the ability to form a binding contract; and (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party.
License and Proprietary Rights
All rights and title in the software, code, Services, logos, trademarks, content, concepts, artwork, graphics, animations, sounds, designs, interfaces, data, accounts, or any copyrightable material (collectively referred as "Intellectual Property") are owned/licensed to the Company, whether registered or not. Nothing in this agreement shall grant you any rights to any of the Company or other parties Intellectual Property or proprietary rights. You may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Intellectual Property and/or the Services. You acknowledge and agree that your account is owned by the Company, and you shall have no ownership or property interest in your account.
Use Limitations
Any use of our Services in violation of the following limitations is strictly forbidden and may expose you to liabilities for violations of law or civil rights.
You shall not:
1. Violate any law or encourage such violation.
2. Offend, bully or harass other users.
3. Violate any rights of other users, and/or any third parties including copyrights, patents, trademarks, intellectual properties, right of privacy and any other rights.
4. Post any commercial data or spam.
5. Participate in any form of cheating.
6. Impersonate any other person.
If we suspect that you have violated any of these limitations or abused our Services in any way, we can modify, limit, suspend, block access, or delete your account. You may lose everything you have earned and/or purchased without any compensation.
Suspension, Termination and Updates of Accounts and Services
1. The Company reserve the right, at any time and at its sole discretion, to change, modify, update, fix or make any other changes in the Services provided, or to, temporarily or permanently, discontinue any of our Services.
2. If we provide updates or new versions of our Services, it may include an automatic updating or upgrading with or without any notice. We do not take any obligation to provide any updates to our Services.
3. Guest accounts are temporal. As such, if Guest accounts are deleted or you may lose access to your account. Thus, if you use Guest account, you may lose everything you have earned/purchased. You will not be entitled to any compensation for anything you have earned or purchased on Guest accounts.
4. We reserve the rights to delete accounts that has not been active for 180 days.
In any of the above, the Company will be under no obligation to compensate the users for any loss of earnings, progress, benefits, purchases made, and any other loss caused by the suspension/termination/changes made on the accounts and Services provided by us.
Purchases
In our Services, you may purchase virtual items (virtual goods, virtual currency, etc.) for "real world" money. All purchases are final and non-refundable. You shall not sell, purchase, or transfer any of the purchased items.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE SERVICES PROVIDED AS PART OF OR THROUGH THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL THE COMPANY'S MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNTS PAID TO THE COMPANY FOR AND/OR IN RELATION TO USE OF THE SERVICES IN RESPECT TO THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM OR CAUSE OF ACTION AROSE. IF YOU HAVE NOT MADE ANY PAYMENTS TO THE COMPANY REGARDING THE SERVICES, THEN THE COMPANY SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
