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Effective from 2022-November-9
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
For any questions about policies, defects, performance issues, refunds and other app related issues or information please contact us directly at [email protected]
1. LICENSE AND RESTRICTIONS.
Subject to these Terms, TooSmart 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 TooSmart’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 “TooSmart,” its affiliates, partners or artists without TooSmart’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 TooSmart or third-parties.
Additionally, where the Services are a downloadable game and/or application (“App”), TooSmart 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 TooSmart has no control. TooSmart 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.
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 “TooSmart Content”) shall remain in TooSmart and/or its suppliers, and are protected by the copyright laws of the Netherlands, 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 TooSmart Content are trademarks, registered trademarks or trade dress of TooSmart or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the TooSmart Content without prior written consent from TooSmart.
The Services may allow you to create content (“Your Content”) that incorporates the TooSmart Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. TooSmart retains all rights, title and interest in and to the TooSmart Content. You retain all rights to Your Content; provided, however, that TooSmart 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 TooSmart's use of Your Content.
5. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
TOOSMART 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, TOOSMART 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 TooSmart SERVICES IS AT YOUR SOLE RISK.
TOOSMART 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 TOOSMART IS NOT LIABLE, AND YOU AGREE NOT TO HOLD TooSmart 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 TooSmart, 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 and/or Inappropriate Content you may submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, TooSmart 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 TooSmart 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 4, 5, 6, 9, and 12 shall survive any termination.
8. NO ASSIGNMENT.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining TooSmart's express written consent.
9. GOVERNINGN LAW AND DISPUTE RESOLUTION.
By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United Kingdom.
These Terms and our relationship with you are governed by English law.
10. INFRINGEMENT NOTIFICATION.
Any claims related to the Services should be addressed to:
Geert Grootestraat 1
7411 GS Deventer
TooSmart does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide TooSmart with feedback or other ideas, you agree that TooSmart 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.