TERMS OF USE
PLEASE READ THE TERMS AND CONDITIONS ("THIS AGREEMENT") CAREFULLY BEFORE YOU USE OUR WEBSITES AND SERVICES. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU SHALL NOT USE OR ACCESS OUR WEBSITES AND SERVICES. IF YOU CLICK THE " I ACCEPT " BUTTON OPTION BOX WHEN YOU REGISTER YOUR ACCOUNT OR OTHERWISE ACCESS OR USE OUR WEBSITES OR SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THIS AGREEMENT.
This Agreement is made for the provision of all websites, web platforms, application platforms including any parts thereof, anything contained therein or anything derived therefrom, owned, operated or controlled by SOLAGAMESSTUDIO and/or its affiliates or its designated partners ("Websites"), and all services, including any parts thereof, anything contained therein or anything derived therefrom, provided through the Websites, including without limitation web applications, mobile applications, forums, posting boards, virtual items, virtual currencies accessible through the Websites ("Services") to the customer ("you"). This agreement shall also include all appendixes, policies, documents (including Privacy Policy) that are incorporated into this agreement and Changes. ("Agreement")
SOLAGAMESSTUDIO, together with its affiliates will be referred to as "we", "us", "our" or SOLAGAMESSTUDIO in this Agreement. The date of this Agreement is set forth at the end of this Agreement. We reserve the right to change, modify, add, replace or remove ("Change") any clause from this Agreement. We will make commercially reasonable efforts to provide you with notice of any Change and will provide notice of Changes on the Websites. A Change will only apply to your use of the Websites on and after the date of the Change. If you access or use the Websites or Services after the date of the Change, you will be deemed to have accepted the Change. Please check our website at https://www.solagamesstudio.com/service.html for Changes.
IF YOU DO NOT AGREE WITH THE CHANGE, YOU CAN CHOOSE NOT TO USE OR ACCESS OUR WEBSITES AND SERVICES, OTHERWISE ANY USE OR ACCESS OUR WEBSITES AND SERVICES WILL BE DEEMED AS CONSENT TO THE CHANGE.
1. Intellectual Property Rights and Licenses
All Websites, Services, including without limitation all content,
thoughts, ideas, expressions, information, pictures, graphics, data,
text, audio, video, icons, games, software, excluding the Submissions are the proprietary assets of SOLAGAMESSTUDIO
or its licensees. You are granted a personal, revocable,
non-exclusive, limited, non-transferable, non-sublicensable,
non-commercial license to access and use the Websites and Services
solely for personal entertainment use, provided you completely comply
with this Agreement and all other policies and terms on the Websites
and Services. In case you are using or accessing the Websites and
Services through a third party, your access or use of the Websites and
Services shall also be governed by such terms and conditions between
you and such third party. Except as explicitly provided herein, no
rights will be granted to you, either by implication or operation of
law, specifically, no rights of modification, copy, adapt, reverse
engineer, distribution, use, display or otherwise disposition of the
Websites and Services are granted to you. You acknowledge all rights
under the Websites and Services are the property of SOLAGAMESSTUDIO
and its licensors, all rights and titles in the Websites and Services,
including without limitation, all patents, copyrights, trade secrets,
trademarks, trade names and confidential information are reserved by SOLAGAMESSTUDIO
and its licensors.
The Websites and Services are provided "AS IS" and you shall take all
the risks associated with your access and use of the Websites and
Services.
We reserve the right, at any time, to modify, suspend, or discontinue
the Website and the Services, or any part thereof with or without
notice. You agree that we will not be liable to you or to any third
party for any such modification, suspension, or discontinuation.
3. Your Account
For the purpose of accessing or using of the Websites or Services, we
may require you to submit some of your personal information, including
without limitation your email address, your name, your birth day, or
payment information to create an Account ("Account"). You acknowledge
and agree you are at your own choice to provide all the personal
information. You acknowledge and agree you do not have any ownership
or other proprietary interests in the Account. You represent and
warrant that (a) the personal information you provided is accurate and
current (including your email address); (b) you will maintain and
update the personal information to assure it is accurate and most
updated. In case any information provided by you is not accurate,
untrue, not complete, not current or not updated, we shall have the
right to terminate your access or use of the Websites and
Services.
For the access and use of the Websites and Services, you may need to
choose a user name. You agree the choice of the user name will be
entirely at your own risk and you shall be solely liable for such
choice. We shall have the right to refuse to grant, terminate, suspend
or discontinue the user name chose by you in our sole discretion, i.e.
when your choose of the user name (1) infringes or negatively impacts
the rights of a third party; (2) breaches public policies, regulations
or laws; or (3) negatively impacts the goodwill, normal operation or
any other rights of SOLAGAMESSTUDIO.
You may also need to choose a password for the access and use of the
Websites and Services. YOU WILL BE SOLELY AND ENTIRELY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY AND SECURITY OF YOUR ACCOUNT, USER
NAME AND THE PASSWORD, INCLUDING ANYTHING ASSOCIATED WITH SUCH
ACCOUNT, USER NAME AND THE PASSWORD. It is highly recommended to use
"strong" passwords (passwords that use a combination of upper and
lower case letters, numbers and symbols) with your Account.
You shall not in any way use the Account of anyone else and you shall
not allow anyone else to use your account. In case any damages or
losses are incurred by your use of others' account or someone else
using your account, with or without your consent, you shall be solely
liable to such damages and losses and we shall in no case liable for
such damages or losses.
There may be fees and charges incurred by your Account, you agree to
pay all fees and charges incurred thereby, including all taxes. You
understand and agree we may add new Websites and Services that require
additional charges and fees at our sole discretion. You further
understand and agree we may change or amend fees or charges for the
current Services and Websites in our sole discretion. YOU ACKNOWLEDGE
AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE
THROUGH YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT THERE SHOULD BE
NO REFUNDS FOR FEES AND CHARGES MADE THROUGH YOUR ACCOUNT BY SOLAGAMESSTUDIO.
4. Virtual Currency and Virtual Items
In using our Websites and Services, there may be virtual currencies
or credits. You acknowledge and agree the Virtual Currency or Virtual
Items shall be used only for the purpose for the use of the Websites
and Services and shall not be used for any other purpose. YOU FURTHER
ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY OR VIRTUAL ITEM HAS NO
CASH VALUE AND CANNOT BE IN ANYWAY CONVERTED OR EXCHANGED TO ANY SUM
OF MONEY OR MONETARY VALUE. You understand and agree Virtual Currency
or Virtual Item is only a limited, personal, revocable,
non-transferable, non-sublicenseable and non-commercial license
granted by us to you in using the Websites and Services and shall in
no way be viewed as your property.
We are entitled to provide you or any other customer with any amount
of Virtual Currency or Virtual Item. We are also entitled to delete,
change, manage, regulate, control or terminate any Virtual Currency or
Virtual Item in your Account at our sole discretion. Further, we are
entitled to change or impact the perceived value or pricing of Virtual
Currency or Virtual Item in our Websites or Services. We are entitled
to charge fees for the access and use of Virtual Currency or Virtual
Items at our own discretion. ALL PURCHASES OF VIRTUAL CURRENCY AND
VIRTUAL ITEMS ARE FINAL AND UNDER NO CIRCUMSTANCES WILL BE REFUNDABLE,
TRANSFERABLE OR EXCHANGEABLE.
In case you get access to the Virtual Currency or Virtual Items via
third party virtual currency or virtual items, you will also be bound
by the terms and conditions of such third party and we shall not be
liable for your agreement with such third party. You shall be jointly
and severally liable to us if your agreement or performance thereof
with such third party incurs any damages or losses to us.
You agree the amount, nature and quality of Virtual Currency and
Virtual Items in your Account shall be determined and calculated
solely by us.
You agree you will not engage in any transaction, selling, buying or
exchanging of Virtual Currency or Virtual Items without our prior
written consent ("Un-permitted Transaction"). You shall take entirely
the risks arising thereof. In case any Un-permitted Transaction comes
to the awareness of us, we shall have the right to terminate, suspend,
discontinue or reverse such transaction, including without limitation
terminate, suspend, discontinue or reverse the Virtual Currency,
Virtual Item or your Account.
5. Your Responsibilities
By using or accessing our Websites and/or Services, including using
and accessing the Submissions (as defined below), you agree to follow
the community rules and guidelines, which is incorporated as a part of
this Agreement. You explicitly agree not to:
(1)Infringe any third party's Intellectual property rights, including
rights in confidential information;
(2)Spread any pornographic, sexually graphic, threatening,
embarrassing, hateful, racially or ethnically insulting, inciteful,
deceptive, tortuous, defamatory, libelous, or otherwise inappropriate
or offensive comments or content, including any uses of characters to
replace letters and including any topics that may be harmful to or
threaten the security of a child or minor;
(3)Use the Websites or Services in any manner that violates any
applicable laws or regulations or is prohibited by these Terms;
(4)tracing, harass, threaten, or defraud other customer or any
members of us;
(5)Create a false identity or impersonate another person or entity,
including without limitation, identities falsely indicating that you
are a SOLAGAMESSTUDIO
official or representative, message board moderator, guide, another
user or host, or that you are a celebrity or public figure;
(6)Access another user's Account without permission;
(7)Send, post, transmit or make available any pornographic, sexually
graphic, threatening, embarrassing, hateful, racially or ethnically
insulting, inciteful, deceptive, tortuous, defamatory, libelous, or
otherwise inappropriate or offensive comments or content, including
any uses of characters to replace letters and including any topics
that may be harmful to or threaten the security of a child or
minor;
(8)Make offers, advertisements or proposals for goods, services, or
other commercial activities on the Websites or Services;
(9)Send, post, transmit or make available any unsolicited or
inappropriate content, information or Submissions, junk mail, SPAM,
chain letters, pyramid schemes, investment opportunities, or other
unsolicited or unauthorized commercial or promotional content,
information or communications, except as expressly permitted by us in
writing;
(10)Share the passwords of Websites, Services or Account with a third
party;
(11)Send, post, transmit or make available any content, information
or Submissions that are subject to intellectual property protection,
including, copyright trademark, trade secret or patent rights, or
otherwise subject to third party property rights, including rights of
privacy and publicity, unless you are the owner of such rights or have
permission from the owner of such rights to do so and to grant SOLAGAMESSTUDIO
all the license rights necessary to transmit or maintain such content,
information or Submissions;
(12)Misrepresent the source, identity, or content of information
sent, posted, transmitted or made available via the Websites, the
Services or a third party platform, (such as claiming a created work
as your own that is not actually yours);
(13)Use features of the Websites or Services for anything other than
their intended purpose, including exploiting glitches for personal
gain;
(14)Interfere with or disable any security-related features of the
Websites or Services, or any part thereof, including any Services
available on or through any third party platforms;
(15)Damage, disable, overburden, or impair the Websites or Services,
including any Services available on or through any third party
platforms, including by sending, posting, transmitting or distributing
anything that contains a virus or other code intended to damage or
interfere with the Websites or Services or any portion thereof, or any
software, hardware, equipment, system, data, or other information of SOLAGAMESSTUDIO
or any third party;
(16)Institute an attack upon any server used in connection with the
Websites or Services, or any portion thereof, or otherwise attempt to
disrupt such servers or any Services available thereon or on or
through any third party platform, including, by hacking or DOS
attacks;
(17)Intentionally interfere with the operation or fair play of any
Services available on the Websites or through any third party
platform, or any other user's enjoyment of such Services;
(18)Decipher, decompile, disassemble, reverse engineer or otherwise
attempt to derive any code or underlying ideas or algorithms of any
part of the Websites or Services, including any Services available on
or through the Websites or third party platforms;
(19)Use, develop, or distribute any robot (or "bot"), spider,
unauthorized script, unauthorized scraper or offline reader, or any
other cheat, exploit, mod, bot, hack or the like, or any unauthorized
third-party software designed to modify or interfere with or provide
automated access to or use of the Websites or Services, or any portion
thereof, or any Services available on or through any third party
platform;
(20)Frame or mirror any part of the Websites or Services without SOLAGAMESSTUDIO' written permission;
(21)Buy, sell or trade Virtual Items or user Accounts for non-SOLAGAMESSTUDIO
items (including cash) or vice versa;
(22)Make improper use of SOLAGAMESSTUDIO' support services, including by submitting false abuse
reports;
(23)Imply or state that any statements you make are endorsed by SOLAGAMESSTUDIO
without SOLAGAMESSTUDIO' prior written consent;
(24)Harvest or collect any information about any user of the Websites
or Services, including any Services available through third party
platforms, including personal information or other Account
information, including passwords, e-mail addresses, or
geo-locations;
(25)Modify any part of the Websites or Services, including any
Services available through any Third Party Platform, for your own
personal or commercial purposes, including but not limited to, alter,
adapt, license, sublicense, or translate the Websites or Services;
or
(26)Assist, permit or encourage any party in engaging in any of the
activities described in the above listing;
(27)Mass distribute characters of no understandable meaning;
In case you are in breach of the Rules or this Agreement, SOLAGAMESSTUDIO
shall have the right to, at its sole discretion:
(1)Warn you about the breach of Rules or this Agreement;
(2)Close, suspend or terminate your Account partly or in whole;
(3)Force you to leave or terminate your connection to the Website or
Service;
(4)Temporarily or permanently terminate your Account;
(5)Delete anything contained in your Account;
(6)Delete your Account;
(7)Retrieve Virtual Items from your Account;
(8)Change the name of your Account or anything contained
therein;
(9)Dismiss a group in which you are a member or exclude you from a
group;
(10) Deduct or clear any attributes of your Account or anything
contained therein, including experience, Virtual Items, Virtual
Currency or levels; or
(11)Other disposition as determined proper by SOLAGAMESSTUDIO;
6. Forums & Submissions.
By using our Websites and Services, you may have access to and use
forums or areas where you and others can post or transmit information
onto or through the Websites or Services, including through third
party platforms ("Forums"). By posting, transmitting or leaving any
photos, graphics, creative suggestions, ideas or User Ideas, notes,
concepts, information, ratings or other materials ("Submissions"), you
grant us a worldwide, non-exclusive, sublicensable, assignable,
royalty-free, perpetual, irrevocable right to use, reproduce,
distribute, create derivative works of, publicly perform, publicly
display, digitally perform, make, have made, sell, offer for sale and
import such Submissions in any media now known or hereafter developed,
for any purpose whatsoever, commercial or otherwise, without
compensation to you or the provider of the Submissions. You understand
and agree that we shall have no obligation or liability in your
Submissions, including any obligation or liability of
confidentiality.
You also understand there may be other customers making Submissions
on the Forums, such Submission may be inaccurate, offensive, illegal,
misleading or deceptive. We shall have no obligation for such
Submissions and we are under no obligation to monitor or control the
Submissions.
We shall have the right, but not the obligation to (1) alter, change,
delete, remove or refuse the Submissions; (2) block your access to the
Forums.
7. Termination
Upon our sole discretion, we will be entitled to terminate this
Agreement with or without notice to you. Accordingly, we may terminate
your access and use of the Account (including anything therein),
Websites, Services, Virtual Currency and Virtual Items, Submissions,
entirely or partly. You understand and agree we do not have any
obligation to you by the termination of your account, including
without limitation refunding of any charges or fees for the use and
access of Websites, Services, Virtual Currency and Virtual
Items.
We are entitled, but are not obligated to maintain the Account
(including anything therein), Websites, Services, Virtual Currency and
Virtual Items, Submissions.
The provisions of section 2, 3, 4, 6, 7, 8, 9, 10, 11,1 4,1 5,16, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 shall survive the
termination of this Agreement.
8. Eligibility and Compliance of Law
You should be at least 13 years of age to use and access our Websites
or Services. By accessing or using our Websites and Services, you
represent that you are at least 13 years of age if you are a user from
United States, United Kingdom or Canada or if you are accessing or
using the servers in United States, United Kingdom or Canada. If you
are a user from other jurisdictions, you represent you are permitted
to use and access our Websites or Services under the laws of such
jurisdiction.
9. User Ideas
In case you submit any idea for new promotions, products, games,
applications, technologies or processes or other ideas ("User Ideas")
to us, you agree to grant us a worldwide, non-exclusive,
sublicensable, assignable, royalty-free, perpetual, irrevocable right
to use, reproduce, distribute, create derivative works of, publicly
perform, publicly display, digitally perform, make, have made, sell,
offer for sale and import such User Ideas in any media now known or
hereafter developed, for any purpose whatsoever, commercial or
otherwise, without compensation to you or the provider of the
Submissions. You understand and agree that we shall have no obligation
in your User Ideas, including any obligation of confidentiality.
10. Use of Technical Information
We are entitled to acquire non-personal information, with your prior
consent, of your devices, networks or any part thereof, including
information of hardware, software ("Device Information") for
identification or other legal purpose. Specifically, we may use the
information to identify any person or entity who is not in compliance
of this Agreement or who is acting in breach of polices, laws or
regulations.
To access and use our Websites and Services you shall be solely
responsible to facilitate and acquire the devices and networks and pay
any fees related thereto.
11. Privacy
For the use and access of the Websites and Services, we may need you
to submit some of your personal information. Your personal information
will be used, disposed and protected as per our Privacy Policy at https://www.solagamesstudio.com/service.html. The Private Policy is hereby incorporated as part of this
Agreement.
12. Promotions
From time to time we may provide offers or initiate promotions
("Promotion") to our Websites or Services. The Promotions are governed
by the rules for the Promotions in addition to this Agreement, so
please read the rules carefully. If you decide to engage in the
Promotions, you may be required to provide additional information, to
sign a release, or to authorize the use of certain biographical or
other information about you in order to get the Promotions.
13. Accessing Materials
You understand the access and use of the Websites and Services from
jurisdictions where such access and use is illegal is prohibited. If
you choose to access or use the Websites and Services in locations
outside the United States, you shall be responsible to comply with all
local rules.
14. Copyright Infringement
If you are a copyright or trademark owner (or an agent of a copyright
or trademark owner), and you believe that your copyright or trademark
rights have been violated by any posting, submission or other content
on the Websites, please contact us by email to solagamesstudio@gmail.com.
In case you believe your copyright or trademark is infringed in a
jurisdiction other than the United States, the procedures and laws of
that jurisdiction shall also apply.
15. Third-Party Offerings
There may be links included in our Websites or Services which links
to third party websites or services. You understand and agree that
inclusion of the links does not indicate or in any way imply
endorsement by us of any third party, third party websites or any
association with the operators of such websites or services. We shall
in no case be liable to any damages or losses incurred by you due to
your use or access to such websites or services. You understand and
agree you will be bound by the terms and conditions with the third
parties operating the websites and services.
16. Disclaimer of Warranties
THE WEBSITES AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY ITEMS
OR SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD
PARTY platform, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, SOLAGAMESSTUDIO
AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND
AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE OF TRADE. SOLAGAMESSTUDIO
AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND
AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR SERVICES,
INCLUDING WITHOUT LIMITATION ANY ITEMS OR SERVICES AVAILABLE THROUGH
THE WEBSITES OR ANY THIRD PARTY platform, WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
WEBSITES OR SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE
WEBSITES OR SERVICES ARE HOSTED, OR ANY PRODUCTS OR SERVICES AVAILABLE
ON THE WEBSITES OR ON ANY THIRD PARTY platform ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF SOLAGAMESSTUDIO
OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS,
AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE
MATERIALS, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY
WARRANTY. YOUR USE OF THE WEBSITES AND MATERIALS, INCLUDING WITHOUT
LIMITATION ANY SERVICES PROVIDED THROUGH THE WEBSITES OR ON ANY THIRD
PARTY platform, ARE ENTIRELY AT YOUR OWN RISK.
NEITHER SOLAGAMESSTUDIO
NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE
RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST
PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER
THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR
SERVICES, INCLUDING ANY SERVICES AVAILABLE THROUGH ANY THIRD PARTY
platform, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR
SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES OR ANY
THIRD PARTY platform. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
WEBSITES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE ON
THE WEBSITES OR THROUGH ANY THIRD PARTY platform, SUBMISSIONS OR ANY
LINKED WEBSITES IS TO STOP USING THE WEBSITES, MATERIALS, SUBMISSIONS,
PRODUCTS, SERVICES, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND
EXCLUSIVE MAXIMUM LIABILITY TO SOLAGAMESSTUDIO
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE
THE LOWER OF: (1) TOTAL AMOUNT PAID BY YOU TO SOLAGAMESSTUDIO
IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE
WEBSITES OR SERVICES; (2) 1000 US DOLLARS. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND SOLAGAMESSTUDIO
OR A REPRESENTATIVE OF SOLAGAMESSTUDIO
CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR
CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED
HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF SERVICE
SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You understand and agree the content shown on the Websites or
Services may be inaccurate or incorrect, and the content may be
changed or altered by a third party without our permission. We do not
make any representations regarding the accuracy or correctness of the
Websites and Services.
19. System Maintenance
SOLAGAMESSTUDIO
periodically schedules system downtime for the Websites and Services
for maintenance and other purposes. Additionally, unplanned system
outages may occur. You agree that SOLAGAMESSTUDIO
has no responsibility and is not liable for: (a) the unavailability of
the Websites or Services; (b) any loss of materials, data,
transactions or any other information or materials caused by such
system outages; (c) the resultant delay, mis-delivery, or non-delivery
of data, transactions or any other information or materials caused by
such system outages; or (d) any outages caused by any third parties,
including without limitation, any companies or servers hosting the
Websites or Services, any Internet service providers, any third party
platforms, or any Internet facilities and networks.
20. Indemnification
You agree to indemnify to defend and hold harmless SOLAGAMESSTUDIO
and its officers, directors, partners, employees, consultants, and
agents against any damages, losses, liabilities, fees, charges,
including any attorney fees, incurred as a result of (a) any
allegation that any Submission or other information you post, submit
to us or transmit to the Websites or Services infringes or otherwise
violates the copyright, trademark, trade secret or other intellectual
property or other right of any third party; (b) your breach or
violation of the this Agreement or any applicable laws or regulations;
(c) your access to and use of the Websites and Services; (d) any
viruses, trojan horses, worms, time bombs, cancelbots, spyware, or
other similar harmful programming routines posted, submitted or
transmitted by you to the Websites, in the Services; and/or (e) any
claim that one of your postings, User Ideas or Submissions caused
damage to a third party, including without limitation, libel,
defamation, loss of or harm to reputation or any other damage
whatsoever.
21. Notice
If you are located outside of United States, the notices to SOLAGAMESSTUDIO
shall be delivered to: solagamesstudio@gmail.com
If you are located inside the United States, the notices to SOLAGAMESSTUDIO
shall be delivered to: solagamesstudio@gmail.com
We will deliver the notice to you at the email address you leave the
time you register your Account. Or we may deliver the notice to you at
the address you leave for registration, if any.
22. Waiver
The failure of SOLAGAMESSTUDIO
to exercise or enforce any right or provision of this Agreement will
not constitute a waiver of such right or provision. Any waiver of any
provision of this Agreement will be effective only if in writing and
signed by SOLAGAMESSTUDIO.
23. Jurisdiction
If you reside in the United States, any dispute arising out of this
Agreement will be governed by the laws of the State of California, and
all disputes shall be submitted to American Arbitration Association;
if you do not reside in the United States, any dispute arising out of
this Agreement will be govern by the laws of Hong Kong without
reference to its laws of conflict, and all disputes shall be submitted
to Hong Kong International Arbitration Center.
24. Limitation of Statute
All claims or suits arising under or related to this Agreement shall
be raised within 1 year of its occurrence.
25. Severability
If any provision of this Agreement is found to be unlawful, invalid,
void or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions.
26. Assignment
The Terms and any related rights and licenses granted hereunder, may
not be transferred or assigned by you without SOLAGAMESSTUDIO' prior written consent, but may be assigned by SOLAGAMESSTUDIO
freely without restriction.
27. Entire Agreement
This is the entire agreement between you and SOLAGAMESSTUDIO
relating to the subject matter herein and supersedes any and all prior
or contemporaneous written or oral agreements between you and SOLAGAMESSTUDIO
with respect to such subject matter.
28. Miscellaneous
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement. Any heading, caption or section title contained herein is
inserted only as a matter of convenience and in no way defines or
explains any section or provision hereof. SOLAGAMESSTUDIO' performance of this Agreement is subject to existing laws and legal
process, and nothing contained in the Agreement is in derogation of SOLAGAMESSTUDIO' right to comply with governmental, court, and law enforcement
requests or requirements relating to your use of the Websites,
Services, including without limitation those available through third
party platforms, and any information provided to or gathered by SOLAGAMESSTUDIO
with respect to such use(s). A printed version of this Agreement and
of any notices given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this
Agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and
maintained in printed form. The parties agree that all correspondence
relating to this Agreement must be written in the English
language.
Any notices to SOLAGAMESSTUDIO may be delivered to: solagamesstudio@gmail.com