ToS

The terms of this agreement (the „Terms of Service”) govern the relationship between you(„user” or „you”) and Summoners Defense, including but not limited to affiliates („we”, „our“, „us”) regarding your use of our game and related services, including, without limitation, the use of the game, participation in an online community or social network services offered via us.

Use of our services is also governed by our privacy policy which are incorporated herein by reference. We may collect and use your content and information in accordance with this privacy policy.

By downloading our game, accessing and/or using the services, and/or creating a Summoners Defense account, you accept and agree to be bound by the Terms of Service and the privacy policy.

We may amend, at our discretion, any portion of the policy at any time by posting or displaying the amended policy within and/or on our games, website or platform. You will be deemed to have accepted such amendments by continuing to use our service. Except as otherwise stated, any such amendments will be automatically effective after they are initially posted.

By agreeing with our policy, you represent that you are thirteen 18 years of age or older. If you are below the age of 18, you represent that your legal guardian has reviewed and agrees to our policies.

If you do not agree with any portion of our policies, your only remedy is to discontinue your use of our services and cancel the accounts you have made through them. If you violate any of the Terms of Service we reserve the right to issue you a warning regarding the violation or immediately terminate or suspend, without notice, any or all accounts you have created using the our services.

2. License

2.1. Ownership of Summoners Defense

Summoners Defense owns, has licensed, or otherwise has the right to use all of the content and materials that appear in our services, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound, other files, a user account, virtual items and virtual currencies, and their selection and arrangement, which are all protected by law from unauthorized use, with the expection of content used from services that are listed on our credits. The entire contents and materials of our services are copyrighted under copyright laws and/or similar laws of other jurisdictions.

By using our services, you agree that no content or materials that appear on our services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited, without the express prior written permission of us, expect that the foregoing does not apply to your own User Content (as defined in Section 4.1) that you legally post on our services.

All other uses of copyrighted content and materials, including any derivative use, requires express prior written permission from us. Any reproduction or redistribution of the content and materials not in accordance with the Terms of Service is expressly prohibited and may result in severe civil and criminal penalties. Summoners Defense and/or its licensors remain the owners of right, title, and interest, including, but not limited to, copyrights and other intellectual property rights, in and to all content and materials posted on our services by us.

By using our services, or by accessing any materials posted on our services, or derivative works thereof, you acknowledge that you do not acquire any ownership rights.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT (COLLECTIVELY, “GAME ACCOUNTS”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO A GAME ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SUMMONERS DEFENSE.

2.2. Limited License

We hereby grant you a personal, non-exclusive, non-transferable, and revocable limited license to use our services subject to the terms of our policies. You understand that virtual items and virtual currencies are provided solely for your entertainment use, and that you have a limited license to use them under our policies, not the ownership interest in them. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

2.3. Trades of Virtual Items and Virtual Currency

We prohibit and do not recognize any purported transfers of virtual items or virtual currency effectuated outside of our services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in our services, unless expressly authorized by us. Any such transfer or attempted transfer is prohibited and void, and may subject your account to termination.

3. Game Account

3.1. Guest Account

If you use our services without creating an account, we will create and assign to your device an identifier that is similar to an account number (“Guest Account”). We will use the Guest Account information for providing customer support to any users who have not created an account.

PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORT OR MAY NOT USE VIRTUAL ITEMS OR VIRTUAL CURRENCY FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITHOUT CREATING AN ACCOUNT.

3.2. Account

We strongly encourage you to create an Account because such an account:

(a) enables us to contact you for customer support purposes even when you change your mobile device

(b) enables us to offer you various social network services from our platform and

(c) enables you to log-in and use our platform when you are playing our games without creating a further account.

When creating an account, you may be required to provide us with certain personal information. This information will be held and used in accordance with our Privacy Policy.

3.3. Deactivating your account

You may freely delete your account at any time by logging into the account and clicking “Delete Account” button. You may also request us to delete your account by contacting our customer support team. We will use commercially reasonable efforts to respond to your request.

4. User content

4.1. Your representations and warranties

“user content” means any communications, images, sounds, and all the material, data, and information that you or other users upload, submit, or transmit through our services.

By transmitting, submitting, or posting any user content while using our services, you affirm, represent and warrant that such transmission or submission are (a) accurate and not confidential (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the user content and (c) free of viruses, adware, spyware, worms or other malicious code.

You acknowledge and agree that you are solely responsible for all user content you post or otherwise transmit via our service. We assume no responsibility for illegal contents or the conduct of any user submitting any user content or for the failure of monitoring any user contents that may be inappropriate under our policies.

You further acknowledge and agree that any of your personal information within such content will at all times be processed by us in accordance with our privacy policy.

4.2. License to use user content

You hereby grant us a worldwide, royalty-free, non-exclusive, and unlimited license to use any user content that you upload, submit, or transmit through our services, including, without limitation, the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any user content. You may revoke such a license by giving a written notice to us at any time. In such a case we will cease any use of the user content within 3 months after receiving such a notice from you.

4.3. Content screening

You acknowledge and agree that we may reject, refuse to post, delete, or edit any user content for any reason at its sole discretion.

5. Fees and purchase terms

Some of our games may be described as a “free game” within the description page of app marketplaces. YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME CONTENT.

YOU AGREE AND ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A GAME ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

YOUR PURCHASE OF VIRTUAL CURRENCY IS FINAL AND IS NOT REFUNDABLE, EXCHANGEABLE AND TRANSFERABLE, EXCEPT IN OUR SOLE DISCRETION.

You agree to pay all fees and applicable taxes incurred by you. We may revise the pricing for the goods and services we license to you through our service at any time.

Notwithstanding the foregoing, if you verify in a reasonable way that you reside in the European Union and you have purchased virtual items or currencies from us, you may have the right to withdraw from a purchase within seven 7 calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However you lose your right of withdrawal if the performance of our services begins before the end of the Cooling Off Period. You acknowledge and agree that the performance of our service is deemed to begin once you use any portion of virtual currencies or virtual items in playing our games, which results in losing your right of withdrawal.

6. Your responsibility in using service

You agree that while using the our services you will not, under any circumstances:

• send, post, transmit or make available any material or information that may be abusive, threatening obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive

• stalk, harass, threaten, or defraud other users or any members of our support personnel

• use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of our services

• interfere with or disable any security-related features of our services, or any part thereof

• damage, disable, overburden, or impair our services, including, without limitation, by (a) sending, posting, transmitting or distributing anything that contains a virus, spyware, or other harmful material intended to damage or interfere with our services or (b) attempting to disrupt servers that relate to our services

• make improper use of our support services, including, without limitation, by submitting false abuse reports

• misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the our services

• create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are a Summoners Defense official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure

• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of our services

• modify any part of our services without our prior written consent

• send, post, transmit or make available any content or information that may infringe any person or entity’s intellectual property rights or other property or personal rights, including rights of privacy and publicity

• buy, sell, trade, or advertise to sell any virtual currency or items or game account for commercial purposes

• send, post, transmit or make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without our prior written consent

• develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs, or other “cheat utility” software programs or applications in violation of the applicable License Agreements

• exploit, distribute, or publicly inform other members of any game error, miscue, or bug which gives an unintended advantage

• attempt to collect any personal information about any users or to disclose such information

• share the password of your or others account or other information that let anyone else access that   account.

• access another user’s game account without permission;

• assist, permit or encourage any party in engaging in any of the activities described in the above listing and

• use our services in any manner that may violate any applicable laws or regulations or is prohibited by our policies.

7. Third party advertising

We may feature advertisements from third parties or provide links on our services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of our services and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under our control and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

8. SMS notifications, push notifications & local notifications, e-mail notification

We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game.

Also we may send e-mail to your e-mail account to make you aware of game updates, promotional events, new game information, and other relevant messages regarding the game service. If you do not want receive our e-mail notification, please contact us.

We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.

9. Copyright notice

9.1. Infringement notification

The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.

If you believe in good faith that any materials in our games, our platform, or our websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to our designated agent set forth below. For your notice to be effective, it must include the following information:

(a) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;

(b) Your contact information, including your address and email address;

(c) A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;

(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(e) Your physical or electronic signature.

The contact information of Summoners Defense designated agent is as follows:

Summoners Defense

Hamburg, Germany

Email:summonersdefense@gmail.com

9.2. Counter notification

If your user content or other information has been taken down by the above-infringement notification, you may send our designated agent a counter-notification that contains the following information:

(a) Identification of the material that has been removed or to which has been disabled and the location at which the material appeared before it was removed or disabled;

(b) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

(c) Your name, address, and email address; and

(d) Your physical or electronic signature.

Please bear in mind that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others.

10. User interactions

10.1. Member disputes

You are solely responsible for your interactions with other users of our services. We may, at our sole discretion, attempt to mediate disputes between users, but are not obliged to become involved in any way with such disputes.

10.2. Release

If you have a dispute with any users of our services, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

11. Suspension & Termination of our service

WE MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF OUR SERVICES AND/OR  ACCOUNT IF WE HAVE A REASONABLE BELIEF THAT YOU FAIL TO COMPLY WITH ANY PORTION OF OUR POLICIES IN ACCORDANCE WITH OUR COMMUNITY STANDARDS. For the avoidance of doubt, our community standards apply to all users of the our services, including any users who do not have an account.

We reserves the right to stop providing or supporting any part of our services or a particular game at any time either permanently or temporarily, at which point your license to use our services or a part thereof will be automatically terminated or suspended. In such an event, we are not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our services.

12. Disclaimers & Indemnifications

12.1. Disclaimer of warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE GENERALITY OF FOREGOING, NEITHER WE NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, COOPERATORS OF OUR PLATFORM, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “OUR PARTIES”) ASSUME LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (e) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (f) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES.

12.2. Disclaimers of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT OUR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR PARTIES, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OUR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL OUR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

12.3. Indemnification

You agree to indemnify and hold harmless our parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of our services, (b) any violation by you of our policies, or (c) any breach of the representations, warranties, and covenants made by you herein.

We may assume the defense of any matter for which you are required to indemnify us by sending notice of such an intention to you. You shall use best efforts to cooperate with our defense of these claims.

13. General Provision

13.1. Governing Law

The laws of the Hamburg (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to our policies, including, without limitation, its validity, interpretation, construction, performance, and enforcement.

13.2. Dispute Resolution

If you have any claim arising out of this Agreement against us, we strongly encourage you to contact our customer support team to seek a resolution. If both parties fail to reach a settlement within thirty (30) calendar days after the first contact occurs, either party may refer such a dispute in  the district court of Hamburg in accordance with the Arbitration Rules of the district court of Hamburg. The arbitration is to be conducted before a single arbitrator whom the parties jointly select. If the parties are unable to agree upon the arbitrator, either party may request the district court of Hamburg to select the arbitrator.

All claims filed or brought contrary to Section 13.2. will be considered improperly filed. If you file a claim improperly, we will be entitled to recover attorney fees and costs up to $10,000, provided that we have notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.

13.3. Entire Agreement

Our polices are complete and exclusive understanding of you and us relating to your use of the our services, and supersede all prior understandings of the parties hereto.

13.4. Language

The translation of other language version of our policies is provided for informational purposes only and does not modify the english language version of our policies. If there is a conflict between the english language version of our policy and its translation, the english language version of the our policy will control.

13.5. No waiver

The failure of us to require or enforce strict performance by you of any provision of the our policies or failure to exercise any right hereunder will not be considered a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by us in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.

13.6. Force majeure

We will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of us, including, without limitation, any failure to perform under our policies due to unforeseen cause beyond our control, such as acts of war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

13.7. Severability

If any portion of our policies is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of our policies remain in full force and effect.