TERMS OF
SERVICE
(End User License Agreement)
SoloStudio
Welcome
to use the services of SoloStudio Oy (“SoloStudio” or “We”). These Terms of
Service (“Terms”) apply to the use of all services provided by SoloStudio,
including games developed and/or published by SoloStudio, SoloStudio’s and
aforementioned games’ webpages, SoloStudio Publishing Portal, SoloStudio
Developer Center and other services, such as applications or any social
functions of the aforementioned services or any other services SoloStudio has
attached these Terms to (“Services”). These Terms govern the relationship
between you (“You” or “User”) and SoloStudio regarding the use of the Services.
By downloading, installing, accessing or using any part of the Services You
agree to these Terms and accept to be bound by them. These Terms
affect your legal rights and obligations, so if You do not agree to the Terms,
You may not use Our Services.
The
Services are intended for people who are at least 13 years old. If you are
under 18, or a minor according to laws applicable to You, You represent that
your legal guardian or legal representative has reviewed and agreed to these
Terms and you have permission to access and use the Services. Use of the
Services is also governed by SoloStudio’s Privacy Policy http://solo-studio.blogspot.in/p/privacy-policy.html
We can
make changes to these terms at any time in accordance with paragraph 13 below,
and your continued use of the Services shall confirm your acceptance of the
updated terms. In addition to these Terms, You agree to abide by any
supplemental policies of the Services, such as policies related to specific
services (including without limitation forums, chats, contests or sweepstakes)
as well as all other related operating rules or policies, each of which is
incorporated by reference where applicable.
When you
access the Services through a mobile network, Your network or roaming
provider’s messaging, data and other rates and fees will apply.
Downloading, installing or using the Services may be prohibited or restricted
by your network provider and the some or all parts of the Services may not work
with your network provider or device.
Use of
the Services
The
Services are provided to You for your personal and non-commercial use only
(excluding applicable parts of SoloStudio Publishing Portal and SoloStudio
Developer Center, which may be used for commercial purposes by their nature).
You shall not sell, rent or give away your Services, create Services account by
using a false identity or information, or on behalf of someone other than
yourself. You shall not use the Services if you have previously been removed
from using any part of the Services by SoloStudio, or previously been banned
from playing any SoloStudio game.
Subject to
your compliance with these Terms, SoloStudio grants to You a limited,
nonexclusive, non-sublicensable and non-transferable right to use the Services
and the executable versions (no source code) of any software or applications
included in the Services. You may not use such any part of the Services for any
purpose other than the permitted use of the Services.
You
understand that for reasons that include, without limitation, system security
and stability, Services may need to automatically update, pre-load, create new
versions or otherwise enhance the application and accordingly, the system
requirements to use the application may change over time. These Terms do not
entitle You to future updates, new versions or other enhancements of the
application although SoloStudio may choose to provide such updates, etc. in its
sole discretion.
You shall
give to SoloStudio correct personal and other information necessary for using
the Services if such information is required. You shall inform SoloStudio
of any changes to such information. You become a registered user of the
Services by signing into the Services by using the in-app or in-game
registration or any applicable registration form on the Services’ webpages. The
registration can be done using your social networking credentials (e.g.
Facebook login information) or by creating a Services account. You shall comply
with the terms of service/use of nay social networking service as well as these
Terms if using such third party service to register into the Services. [You shall
not create more than one account per platform to access the Services]
You are
solely responsible for all your use of the Services. You may not reveal, share
or otherwise allow others to use your password, or use passwords of others. You
agree that You are personally responsible for the use of your Services account,
and for all of the communication and activity in connection with the Services.
You are responsible for any use of your credit card or other payment instrument
(e.g. PayPal) by third parties including minors.
Without
limiting any other remedies, SoloStudio may limit, suspend, terminate, modify,
or delete access to the Services or parts thereof if You fail to comply, or if
SoloStudio suspects such failure, with the Terms or for any actual or suspected
illegal or improper use of the SoloStudio services, without notice to You. You
may lose, as a result of termination or limitation of your right to use the
Services, material, content, in-app-purchases, privileges and/or items
associated with your use of the Services, and SoloStudio is under no obligation
whatsoever to compensate You for any such losses or results.
You may
not sell, transfer or charge others for the right to use the Services or your
Services account. SoloStudio reserves the right to remove or reclaim any
usernames at any time and for any reason, including but not limited to claims
by a third party that a username violates the third party’s rights.
You are
solely responsible for your interactions with other users of the Services and any
other parties with whom You may interact through the Services.
You may
not use any technological or other means (such as by cheating or using bugs or
glitches in the Services, or by using third party tools or software) to use the
Services in a way that is not within the spirit of fair play or these Terms.
You specifically agree that You will not:
- use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity, or otherwise misrepresent our affiliation with a person, entity or our Services);
- disguise, anonymize or hide your IP address or the source of any content that You may upload;
- interfere with or disrupt the Services or servers or networks that provide the Services;
- attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by us;
- ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use the Services, including, but not limited to any personal data or information (including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items a.k.a ‘spyware’ or ‘pcms’ (passive collection mechanisms);
- disrupt the normal flow of a game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing the games
- disobey any requirements or regulations of any network connected to the Services;
- circumvent technological measures designed to control access to, or elements of, the Services,
- do anything else that is not within the spirit of fair play or the Terms
On
certain devices You may be able to control what device system permissions You
give to SoloStudio’s Services. SoloStudio’s Services are intended to be used
with the full permissions listed upon the Service part’s installation, and
refusing any of these permissions may come with the drawback that the Services
may not function properly.
Intellectual
Property Rights
All
rights, title and interest in and to the Services (including the related
software and media), the design of the Services and associated content
including text, scripts, graphics, interactive features and the like, and the
trademarks, service marks and logos contained therein (“SoloStudio Property”)
are owned by or licensed to SoloStudio, subject to copyright and other
intellectual property rights under Finnish and foreign laws and international
conventions. Except as expressly provided in the Terms, SoloStudio does not
grant any express or implied rights to use SoloStudio Property.
You are
hereby granted a limited, nonexclusive, non-sublicensable and non-transferable
license to access and use the SoloStudio Property only in connection to the
usage of the Services in accordance with these terms. Any use of the Services,
and/or SoloStudio Property other than as specifically authorized in the Terms,
is prohibited and will terminate the license to use the Services. For avoidance
of doubt, You have no right to sell or otherwise solicit any items included in
the Services and You are forbidden from ripping any content unless specifically
allowed.
Notwithstanding
anything to the contrary herein, you acknowledge and agree that You shall have
no ownership or other property interest in the Services and You further
acknowledge and agree that all rights in and to the account and any content
(including virtual items and currency whether earned or purchased) in the
Services are and shall be the property of and owned by SoloStudio. You agree
not to move or amend any proprietary notices or other ownership information
from the games or any other part of the Services;
Parts of
the Services may allow you to upload material to SoloStudio and/or into the
Services and/or publish it through the Services. By uploading material to
SoloStudio or to the Services you warrant to SoloStudio that you have the
necessary rights to upload and/or publish such material. You agree that any
material or information, including chat discussions, uploaded or shared the
Services to harm anyone or to cause offence to or harass any person.
For the
avoidance of doubt, when submitting your game to SoloStudio via SoloStudio’s
Publishing Portal you retain all rights to your game except as necessary for
SoloStudio to inspect, comment, test and otherwise review the game.
Third-Party
Services and Material
The
Services may contain links to websites operated by third parties or feature
content which is made available by third-party services and enable You to
access and use certain third-party services (such as video sharing services).
Use of any websites operated by third parties, third-party services and/or
content in third-party services shall be, in addition to these Terms, subject
to the relevant third-party service provider’s terms and conditions applicable
to use of such third-party services or the applicable license(s) under which
any such content is made available. SoloStudio assumes no responsibility for
such third-party services and/or content in third-party services.
These
Terms shall be in addition to (and take precedence over where not prohibited)
any terms and conditions, applicable to the distribution platform (such as an
application store including e.g. Apple App Store, Google Play or Microsoft
Store) through which you are acquiring the Services, agreed to between you and
the relevant third-party entity.
Virtual
Items, Fees and Purchases
Some
features (as specified in more detail in the relevant Service description and
in-game), are available to Users for free and some against the payment of
relevant fees. The Services enables You to purchase, with “real world”
money, a limited, personal, non-transferable, non-sublicensable, revocable
license to use virtual money and virtual in-game items or additional virtual
features within the Services. SoloStudio may manage, regulate, control, modify
or eliminate such virtual money or virtual items offered in the Services at any
time, with or without notice. SoloStudio has no liability to You or any third
party in the event that SoloStudio exercises any such rights. The transfer of
any virtual materials to other users is prohibited except where expressly
authorized in the Services. Virtual items or in-game virtual currency purchased
or available to you in the Services (incl. games) can only be used in
connection with the relevant part of the Services .
You can
buy virtual money with real money if you are at least 18 years old (or of other
legal age under applicable laws). All purchases made in connection with the
Services are final and non-refundable, however without limiting the possibility
of a refund (if any) from the application store (in accordance with the
relevant terms and conditions applicable to purchases from that application
store) or applicable mandatory law. You will be given an opportunity to consent
to delivery at the time of purchase and by consenting to delivery, You
acknowledge that You have lost the right to cancel and the purchase fee is
non-refundable. The provision of any virtual material and features for use in
the Services is a service that commences immediately upon acceptance by
SoloStudio of your purchase. NO REFUND OF ANY FEES SHALL BE AVAILABLE, SAVE FOR
AS PROVIDED ABOVE. ACKNOWLEDGE THAT YOU WILL NOT RECEIVE MONEY OR OTHER
COMPENSATION FOR PURCHASED AND/OR UNUSED VIRTUAL ITEMS WHEN THE ACCESS TO THE
SERVICE OR ACCOUNT IS CLOSED WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Some games on certain devices may allow you to save your game settings (incl.
purchases and/or virtual items) and progress to your Services account or to
third-party “cloud” servers (for example through your application store or
phone operating system).Your purchases and/or virtual items may be stored also
on your device only, and may not be stored by SoloStudio. You could lose your
purchases and/or virtual items e.g. if the Services is deleted from the Your
device. SoloStudio is not liable for any data corrupted or lost from SoloStudio’s
or any third party’s cloud services.
You are
solely responsible for any costs (including any additional payment processing
fees which may be applicable) you incur to access the Services through any
internet, mobile or other communication service, such as any fees for
downloading, installing, messaging, and other data usage on an Internet
provider’s or mobile network, as well as for acquiring any additional features.
Beta
tests
SoloStudio
may offer to You a chance to participate in beta tests (open or closed) of
certain parts of its Services. Your participation into such beta tests may be
subject to a separate non-disclosure agreement and/or supplemental policies.
By
applying to and/or participating in beta tests You acknowledge and accept that:
- Due to the unfinished and experimental nature of the beta tested parts of the Services SoloStudio may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be unfunctional on some devices regardless of their listed hardware or software requirements or specifications.
- Any in-app purchases, items, equipment, experience points, in-game currency and other such content may be periodically reset by SoloStudio during the course of the beta tests. SoloStudio offers no refunds for any such lost content.
- Any feedback or idea submitted by You to SoloStudio regarding the beta tested parts of the Services may be utilized by SoloStudio without any compensation to You. By submitting or creating any material, content (such as in-game user-created content) or feedback regarding the beta tested parts of the Services You grant to SoloStudio an unlimited, sublicensable, fully paid up, nonexclusive and transferable license to utilize such material, content and/or feedback in its business.
- Your application to participate in beta tests does not entitle You to be invited to, or to participate in any beta test offered by SoloStudio.
Personal
data and Security
Use of
Your personal data is governed by SoloStudio Privacy Policy http://solo-studio.blogspot.in/p/privacy-policy.html You approve to processing your
personal data in accordance with the SoloStudio Privacy Policy by downloading,
installing, accessing or using the Services.
SoloStudio
shall take appropriate measures to prevent unauthorized access to, improper use
of and the reasonable accuracy of your personal data submitted to SoloStudio
via the Services. We use various technologies, including, in certain instances,
encryption, to ensure the high security standards. Any data that is stored on
SoloStudio servers is not generally available to the public. However, the use
of internet services always includes security risks.
You shall
be liable for all your own equipment, internet connectivity and software as
well as that they do not cause harm to SoloStudio and/or third parties. You
agree not attempt to damage, hack, crack, reverse engineer, or otherwise
interfere with the Services in any manner.
Support
and Modifications
SoloStudio
shall have no obligation to provide support or maintenance for the Services
under this Agreement. SoloStudio may, at its sole discretion, provide limited
customer support in the Services.
You
understand that the Services are evolving. As long as your license for the
Services is valid You are entitled to upgrades or updates of the Services. All
upgrades and updates are provided to You on a license exchange basis. You agree
that by using an upgrade or update You voluntarily terminate your right to use
any previous version. Upgrades and updates may be licensed to You by SoloStudio
with additional or different terms. You may need to update third party software
and/or upgrade your equipment from time to time in order to use the Services.
Social
Media and Game Content
You may
freely upload captions (such as audio, video and screenshots) of the Services
to social media services (such as Facebook), online video services (such as
YouTube), online picture sharing services (such as Instagram). All such
material must be uploaded without editing them in a way that misrepresents the
Services or any games included in the Services.
Disclaimer
/ No Warranty
The
Services are provided to You by SoloStudio “as is”. To the maximum extent
permitted by applicable law, except as provided above, SOLOSTUDIO MAKES NO
WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE
SERVICES, THEIR QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A
RESULT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE
ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
Indemnification
You agree
to defend, indemnify and hold harmless SoloStudio, its affiliates, licensors,
partners and subcontractors from all liabilities, claims and expenses,
including reasonable attorneys’ fees, arising from or related to your breach of
these Terms or portion hereof, or any act or omission by You relating to the
Services. SoloStudio reserves the right to assume its own defense and/or
control of any matter otherwise subject to indemnification by You hereunder.
Limitation
of Liability
You
understand and acknowledge that SoloStudio will not be liable for any
network-related problems attributable to the operation of the Services and that
network configuration changes may affect the system’s performance.
YOU
HEREBY ACKNOWLEDGE AND AGREE THAT SOLOSTUDIO SHALL HAVE NO LIABILITY WHATSOEVER
IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES, AS SET FORTH
HEREIN, INCLUDING ANY PHYSICAL OR SOFTWARE DAMAGE TO YOUR DEVICES. YOUR ONLY
RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS
TO UNINSTALL ANY GAMES OR APPLICATIONS ASSOCIATED WITH THE SERVICES AND TO
DISCONTINUE THE USE OF ANY WEBPAGES INCLUDED IN THE SERVICES.
SOLOSTUDIO
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF
THE USE OF OR INABILITY TO USE THE GAME, EVEN IF SOLOSTUDIO HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF SOLOSTUDIO IS IN SUCH CASE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Some
jurisdictions may not allow (some) limitations of liability. In such cases some
limitations may not apply to You.
Force
Majeure
SoloStudio
shall not be liable for any delay or failure to perform resulting from causes
outside the reasonable control of SoloStudio, including without limitation any
failure to perform hereunder due to unforeseen circumstances or cause beyond
SoloStudio’s control such as acts of God, war, terrorism, riots, embargoes,
acts of civil or military authorities, fire, floods, accidents, strikes, or
shortages of transportation facilities, fuel, energy, labor or materials.
Provisioning
of the Services and Termination
The
license to use the Services granted under these Terms remains in effect until
terminated by You or Us.
You may
terminate the license at any time by uninstalling or destroying the
applications relevant to the Services in your possession or control. Without
prejudice to any other terms set forth in these Terms, the license will
automatically terminate without notice from us if you in any way breach any
provision of these Terms. Upon termination in accordance with these Terms for
any reason, you must cease all use of the Services and promptly delete any
applications and/or games associated with the Services. Your termination of the
license for any reason shall not release you from any liabilities or
obligations set forth in these Terms which (a) have expressly been stated as
surviving any such termination or expiration, or (b) remain to be performed, or
by their nature would be intended to be applicable following any such
termination or expiration.
We
reserve the right to delete your account if no activity is conducted by you in
relation to the account for 180 or more days. In such event, you will no longer
be able to access and/or use any virtual money and/or virtual goods associated
with that account and no refund will be offered to you in relation to the same.
SoloStudio shall have the right to, at its sole discretion, decide upon
provision of the Services and making it available to You and reserves the right
to discontinue any aspect of the Services at any time.
You
understand and agree that the cancellation of the license is your sole right
and remedy with respect to any dispute related using the Services.
General
SoloStudio
may assign or delegate its rights and obligations under the Terms and/or the
SoloStudio Privacy Policy, in whole or in part, to any person or entity at any
time without your consent. You may not assign or delegate rights or obligations
under the Terms or Privacy Policy without SoloStudio’s prior written consent.
SoloStudio
may publish additional policies related to specific games. Your right to use
such game is subject to those specific policies and terms. These Terms, any
supplemental policies of SoloStudio and any documents expressly incorporated by
reference herein (including the SoloStudio Privacy Policy), contain the entire
understanding of You and SoloStudio, and supersede all prior understanding
between You and SoloStudio.
These
Terms describe certain legal rights. You may have other rights under the
mandatory provisions under the laws of your country. These Terms do not change
your rights under the mandatory provisions under the laws of your country. When
you use the Services, you agree that we may begin to provide the services
immediately and that you will not be entitled to a cancellation or “cooling
off” period, except if the mandatory provisions of the law requires such
cooling off period. You and SoloStudio agree that if any portion of the
Terms or if the SoloStudio Privacy Policy is found illegal or
unenforceable, in whole or in part by any court of competent jurisdiction, such
provision shall, as to such jurisdiction, be ineffective solely to the extent
of such determination of invalidity or unenforceability without affecting the
validity or enforceability thereof in any other manner or jurisdiction and
without the remaining provisions of the terms, which shall continue to be in
full force and effect.
SoloStudio
reserves the right to change the fees related to the Services at any time, and
the right to change, modify, add or remove portions of the Terms and its
Privacy Policy at any given time. You should check the Terms and Privacy
Policy regularly. You will be deemed to have accepted such changes by continuing
to use the Services. SoloStudio will, however, notify Users by posting a note
in the Services of any substantial changes to the Terms. Further, if at any
point You do not agree to any portions of then-current version of our Terms,
SoloStudio Privacy Policy , or any other SoloStudio policy, rules or codes of
conduct relating to your use of the Services, your license to use the Services
shall immediately terminate, and You must immediately stop using the Services.
Please check the Services on a regular basis so that You remain aware of the
then-current Terms.
SoloStudio,
its employees and its affiliates agree not to disclose any information
regarding any games submitted to SoloStudio through the Publishing Portal
service, unless otherwise specified by the game’s developer. For the avoidance
of doubt this non-disclosure does not apply to information i) that was in
SoloStudio’s possession prior to disclosure, ii) that was public at the time of
the disclosure or has become public after the disclosure.
By
submitting your game to SoloStudio via SoloStudio’s Publishing Portal you
acknowledge that SoloStudio is in no obligation to develop, publish, discuss,
comment or in any other way promote your game. All parts of SoloStudio’s
Publishing Portal shall be deemed informational only and not constitute as
advice.
Disputes
and Applicable Law
All
disputes relating to the Services and the Terms shall be settled at the
District Court of Oulu, Finland having the sole jurisdiction.
These
Terms shall be governed by and shall be construed in accordance with the laws
of Finland excluding its choice of law provisions.
Contact
info:
SoloStudio
Address:
Mumbai, Maharashtra, India.
Email:
info(at)joel.dcosta160983@gmail.com
www:
www.solo-studio.blogspot.com
Contact
person: Joel D’costa, info(at)solo-studio.blogspot.com
©
SoloStudio 2016