TERMS OF SERVICE
These Terms of Service ("ToS") constitute a legal agreement between the user of our products and services ("user" or "you") and SUPER SEED GAMING LIMITED ("Company," "we," "us" and "our"), a company incorporated in Hong Kong with its registered office at S63, 24 Space, Flat C, 2/F, Wong King Industrial Building, 2-4 Tai Yau Street, San Po Kong, Hong Kong. These Terms of Service apply when you access, use or visit our website, mobile applications, and the services provided through them (collectively the "Service").
1. Consent
By visiting the Site, downloading the App, or otherwise using the Service, you indicate your agreement to be bound by these ToS. If you do not agree with these ToS, you must not use the Site or Service, and uninstall the App(s) if you have already downloaded them.
We may modify these ToS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Site and/or Service and uninstall the App(s). If you continue using the Site and/or Service after the new terms take effect, you will be bound by the modified ToS.
2. Privacy Policy
Our Privacy Policy is part of, and governed by these ToS. By agreeing to these ToS, you agree to be bound by the terms of the Privacy Policy and Advertising Choices, and agree that we may use information collected from you in accordance with their terms.
3. Notice Regarding Dispute Resolution
These ToS contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration as described below.
If you do not opt-out of arbitration, you will only be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against us on an individual basis, not as part of any class or representative action or proceeding.
4. Affirmative Representations
When you use the Site or Service, you represent that:
- Your use of the Site or Service does not violate any applicable law or regulation.
- You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these ToS.
- You are of sufficient legal age or otherwise have legal capacity to legally enter into these ToS.
5. Rules Governing User Contributions; Prohibited Activities
A. User Contributions
If you are a member of the Service and you are logged in to your member account, you may be able to submit comments, stories and content to the Service (collectively, "Contributions"). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you post on or through the Service. When you create or make available a Contribution on or through the Service, you represent and warrant that you:
- Own or have sufficient rights to post your Contributions on or through the Service.
- Will not post Contributions that violate our or any other person's privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights.
- Have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you post on or through the Service.
- Will not post Contributions that:
- Are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;
- Incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
- Contain material that solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner.
- Will not post Contributions that contain advertisements or solicit any person to buy or sell products or services.
- Will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
B. Prohibited Activities
In addition to the obligations described in Section 5(A), you agree that in connection with your use of the Service, you will not:
- Use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent.
- Transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications.
- Impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.
- Post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work.
- Post on the Service any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
- Circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Service or the Materials on the Service.
6. Our Intellectual Property Rights
All of the text, copyrightable computer code, trademarks, service marks, and logos contained on the Service ("Materials"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
7. Our Management of the Service; User Misconduct
Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof; (d) manage the Service in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Service; (e) screen our users or members, or attempt to verify the statements of our users or members and/or (f) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms of Service.
8. Third Party App Stores
You acknowledge and agree that the availability of the Service may be dependent on third party websites from which you download the Service, e.g., the Apple App Store or Google Play Store (each a "Third Party App Store"). You acknowledge that these Terms of Service are between you and Company and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions.
9. Premium Services and In-App Purchases
We may make certain products and/or services available to users in consideration of a subscription fee or other fees ("Premium Services"), including the ability to purchase products, services ("In-App Products"). If you choose to use Premium Services or make purchase of In-App Products via a Third Party App Store, then the Third Party App Store will charge your account the applicable fees or charges.
Billing for Premium Services and In-App Purchases will be handled by the Third Party App Store, according to their terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your Account. Some Third Party App Store may charge you sales tax, depending on where you live.
If you purchase an auto-recurring periodic subscription through an in app purchase, your Account will continue to be billed for the subscription until you cancel. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the application from your device. Deleting your member account or deleting the application from your device does not cancel your subscription.
10. Third Party Sites
The Site may contain links to websites operated by third parties ("Third Party Sites"). We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. These Terms of Service DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE through links or other MEANS provided on or through the service, you SHOULD REVIEW THE THIRD PARTY SITE'S TERMS AND CONDITIONS and PRIVACY POLICY.
11. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully - It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
(1) Initial Dispute Resolution
We are available by email to address any concerns a user may have regarding the Service. Most concerns may be quickly resolved in this manner. For any dispute you have with the Company, you agree to first contact us and attempt to resolve the dispute with us informally. We each agree to resolve any dispute arising out of or in connection with, or relating to this Agreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
(2) Agreement to Binding Arbitration
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section "Initial Dispute Resolution" above, then either party may initiate binding arbitration.
All claims arising out of or relating to these ToS (including its formation, performance and breach), the parties' relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these ToS.
(3) Class Action and Class Arbitration Waiver
You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis.
(4) Exception - Small Claims Court Claims
Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
(5) 30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section "Arbitration Agreement" by sending written notice of your decision to opt-out to our contact email. The notice must be sent by you within thirty (30) days of your downloading of the App, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
12. Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS, CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK.
B. Limited Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
13. Digital Millennium Copyright Act Policy
We follow the notice and take down provisions of the Digital Millennium Copyright Act (the "DMCA"). In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user Contribution on the Service infringes upon your copyrights, you may submit a notification pursuant to our DMCA Policy by sending an email with a subject line beginning "DMCA Notice" that contains the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed.
- Identification of the copyright claimed to have been infringed.
- Identification of the material that is claimed to be infringing, and where it is located in the App or Service.
- Information reasonably sufficient to permit us to contact you.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
14. Independent Contractors
Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
15. Non-Waiver
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
16. Severability
These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
17. Assignment
We may assign our rights under these Terms of Service without your approval.
18. No Modifications by Our Employees
If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
19. Governing Law
These Terms of Service will in all respects be governed by and construed and enforced in accordance with the laws of Hong Kong Special Administrative Region (without giving effect to any choice or conflict of laws). The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.