1 About these terms
1.1 These terms apply to your download, access and/or use of games, whether on your computer, on a mobile device, on our website (the "Website") or any other website, device or platform (each a "Game" and together the "Games"). These terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate from time to time such as candycrushsaga.com (we refer to all our Games and other services collectively as the "Services" in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.
1.2 If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
1.3 In these terms references to "Best Games", "we", "us" and "our" are references to Best Games LLC.
1.4. These terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store), on any website or platform where you can play our Games such as www.facebook.com, and on our website (the “Website”). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy (see corresponding paragraph below).
1.5. You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
2 About accessing and using our Services
2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3 Accounts
3.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.
3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
3.3 In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.
3.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.6 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.
3.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account.
3.8 You acknowledge and agree that you shall have no ownership or other property interest in any account that you create using any of our services. we may suspend, terminate, modify or delete any of these accounts at any time for any reason or no reason, with or without notice to you.
3.9 Your account is personal to you and you are not entitled to transfer your account to any other person.
4 User conduct and content
4.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
4.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
4.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
4.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
-that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
-that is or could reasonably be viewed as invasive of another's privacy;
-that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
-which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
-which infringes any intellectual property right or other proprietary right of others;
-which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
-which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
4.5 You agree that you will not:
-use our Services to harm anyone or to cause offence to or harass any person;
-create more than one account per platform to access our Services;
-use another person or entity’s email address in order to sign up to use our Services;
-use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
-disguise, anonymise or hide your IP address or the source of any Content that you may upload;
-use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
-remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
-interfere with or disrupt our Services or servers or networks that provide our Services;
-attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our 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 our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
-sell, transfer or try to sell or transfer an account with us or any part of an account, Virtual Money and/or Virtual Goods;
-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 our Games or engaging in real time exchanges;
-disobey any requirements or regulations of any network connected to our Services;
-use our Services in violation of any applicable law or regulation;
-use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
-use our Services in any other way not permitted by these terms.
4.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
4.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
4.8 You are solely responsible for your interactions with other users of our Services.
5 Playing our Games with other users
5.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
5.1.1 choose to play against another user or to play socially with another user whom We selects for you, or
5.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with.Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
5.2 Where We selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
5.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must already know your email address themselves in order to search for you.
6 Your breach of these terms
6.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
-delete, suspend and/or modify your account or parts of your account;
-otherwise suspend and/or terminate your access to our Services;
-modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;
-reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.
6.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
7 Availability of the Services
We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience.
Notwithstanding anything to the contrary, you acknowledge and agree that any or all of our services may be terminated in whole or in part at our sole discretion without notice to you. you assume any and all risk of loss associated with the termination of our services.
8 Limitation of Liability
We shall not be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the games or any of our other services, including damages to property, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, even if we have been advised of the possibility of these damages. in no event shall our liability exceed the actual price paid by you (if any) for the license to use virtual goods or virtual money or any other part of our games or services. some states do not allow limitations on how long an implied warranty lasts and/or the exclusion or limitation of damages, so the above limitations and/or exclusions may not apply to you. this warranty gives you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction.
9 Intellectual Property
9.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
9.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.
9.3 You acknowledge and agree that, other than license granted to you by these terms, you shall have no ownership or property interest in any of our services, including without limitation online accounts, any virtual money or virtual goods. you must not copy, distribute, make available to the public or create any derivative work from our services or any part of our services unless we have first agreed to this in writing.
9.4 By submitting Content (as defined above) via our Services you:
-are representing that you are fully entitled to do so;
-grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
-acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
-agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
10 Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
11 Entire agreement
These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.
12 Changes to these terms
From time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
13 Severability
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
14 Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
15 Questions about these terms
If you have any questions about these terms or our Services you may contact us by email at bestgamesllc@tentopfree.com.
These terms were last updated on 19.11.2018.
BEST GAMES TERMS OF SERVICE
© BEST GAMES 2018. ALL RIGHTS RESERVED.