BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. LICENSE AND RESTRICTIONS.
Subject to these Terms, Skyspark grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Skyspark’s express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other “hidden text” utilizing “Skyspark,” its affiliates, partners or artists without Skyspark’s express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, “hacking” the Services, or infringing the intellectual property or other proprietary rights of Skyspark or third-parties.
Additionally, where the Services are a downloadable game and/or application (“App”), Skyspark grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.
The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.
2. THIRD-PARTY PRODUCT, SERVICES AND LINKS.
The Services may include hyperlinks to other websites over which Skyspark has no control. Skyspark is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
3. ACCESS TO THE SERVICES.
You may be required to register an account before using certain Services (“Account”). You may also be required or have the option to access the Services through a social networking service (“SNS”). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Skyspark does not authorize use of automated methods to sign up for an Account, and Skyspark reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.
4. IN-GAME VIRTUAL CURRENCY AND VIRTUAL ITEMS.
The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency (“Virtual Currency”) to access virtual, in-game digital goods or items (“Virtual Items”). Methods of obtaining Virtual Currency are at Skyspark’s sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
You agree that all sales of Virtual Currency and Virtual Items are final. No refunds will be given, except in Skyspark’s sole and absolute discretion. Skyspark has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Skyspark has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Skyspark reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Skyspark may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Skyspark is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Skyspark discontinues availability of the Service; or (d) you disassociate from the Service.
5. ONLINE CONTENT AND CONDUCT.
The Services may include opportunities, through your Account or SNS, to chat or participate in blogs, message boards, online forums and other functions that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world (“Forum(s)”) links, writings, photos, graphics, or other material (“Forum Content”). All Forum Content posted by you to any Forum shall be your sole responsibility.
The Forums shall be used only in a noncommercial manner. Skyspark has the right, but not the responsibility, to monitor or remove Forum Content that Skyspark believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. Skyspark in its sole discretion, reserves the right to restrict or disable your use of the Forums.
By submitting Forum Content to any Forum, you warrant that you have all necessary rights to submit the Forum Content without any restrictions of any kind, and grant to Skyspark a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publically display and perform, make derivatives works of, sublicense, and distribute all such Forum Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-parties in the Forums, are those of the respective authors and not of Skyspark or its affiliates, and Skyspark is not responsible for the accuracy or reliability of same. Skyspark makes no representations or warranties regarding the Forums.
When using the Services or the Forums, you may not:
All Forum Content posted by you to any Forum shall be your sole responsibility. You may not:
• a) Use the Services of Forums in any manner which violates applicable laws or regulations;
• b) Post or transmit any Forum Content that: (i) violates a third party’s rights or dignity, including any contract, privacy, publicity or intellectual property rights; (ii) is deceptive, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful, obscene, indecent, hateful, bigoted, racist or pornographic; (iii) would constitute or encourage a criminal offense; (iv) contains any viruses, worms or similar software; or (v) includes personal information about another person without that person’s consent;
• c) Impersonate or falsely state or represent your identity;
• d) Engage in or facilitate the transmission of unsolicited mass mailings, or “spamming”;
• e) Distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services;
• f) Collect personal data about others for unlawful, commercial, or any other unauthorized purposes;
• g) Access, or attempt to gain access to, another user’s account without authorization;
• h) Promote, encourage, or take part in any activity involving hacking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit virtual currency/items;
• i) Use any game hacking/altering/cheating software or tools;
• j) Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, or otherwise interfere with the Services; or
• k) Reverse engineer, decompile, or modify, or attempt to modify, any part of the Service.
You understand that you may be exposed to Forum Content and actions from other users that are indecent, explicit, offensive, or which otherwise violates these Terms (“Inappropriate Activity”). You can report actual or suspected Inappropriate Activity to support@Skyspark.com. Skyspark reserves the right, in its sole discretion, to take any action against Inappropriate Activity that Skyspark believes to be harmful, offensive, or otherwise violates these Terms. You agree that Skyspark will not be liable to you or any third-party in any way for Forum Content, Inappropriate Activity, or for any damage or loss therefrom.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the “Skyspark Content”) shall remain in Skyspark and/or its suppliers, and are protected by the copyright laws of the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Skyspark Content are trademarks, registered trademarks or trade dress of Skyspark or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Skyspark Content without prior written consent from Skyspark.
The Services may allow you to create content (“Your Content”) that incorporates the Skyspark Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Skyspark retains all rights, title and interest in and to the Skyspark Content. You retain all rights to Your Content; provided, however, that Skyspark shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Skyspark’s use of Your Content.
7. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
Skyspark MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE SERVICES ARE PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, Skyspark MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE Skyspark SERVICES IS AT YOUR SOLE RISK.
Skyspark WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT Skyspark IS NOT LIABLE, AND YOU AGREE NOT TO HOLD Skyspark LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
You agree to hold harmless, indemnify and defend Skyspark, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or Services, your use of the Forums and Services, your connection to the Forums and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, Skyspark reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will automatically terminate if you fail to comply with any term hereof. You and Skyspark have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 5, 6, 11, 13, and 14 shall survive any termination.
10. NO ASSIGNMENT.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Skyspark’ express written consent.
11. ARBITRATION AND DISPUTE RESOLUTION.
These Terms and all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, Forum Content, Inappropriate Content, Your Content, or your use of the Software or Forums shall be governed by the laws of England and Wales. You and Skyspark agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, or your use of the Services or Forums shall be final and binding arbitration. The arbitration shall be conducted under the rules of the ICC International Court of Arbitration (“ICA”). To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings shall be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Skyspark); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Skyspark). You and Skyspark must commence an arbitration by filing a demand for arbitration with the ICA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (if applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law). Both parties will be responsible for their respective arbitration fees.
12. INFRINGEMENT NOTIFICATION.
Any claims related to the Services should be addressed to:
Legal Counsel – Skyspark Corp LLC
656048, Russia, Altai Territory, Barnaul, Malinovaja-3, 44
Skyspark does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide Skyspark with feedback or other ideas, you agree that Skyspark is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.
If you have questions regarding these Terms, please contact us at:
Attn: Terms and Conditions Issues