Thanks for using our games, websites or related services (“Service” or “Services”). The Services are provided by SOLMIS LIMITED (“SOLMIS LTD.”, or “SOLMIS”, “we” or “us” or “our”), in Accordance with the Companies Law, Cap 113 of the Republic of Cyprus, with its registered office at Lefkou, Anastasiadi, 8 Strovolos, 2012, Nicosia, Cyprus.
- Accepting the Terms of Service
SOLMIS reserves the right, at all times and at its own discretion, to change or update these Terms of Service at any time, and as a result you also agree to accept any changes or updates. If you do not agree with these Terms and Conditions, please refrain from using our Service.
It is the responsibility of the User to review the Terms often, as any use after a change or update to these Terms is an acknowledgement and acceptance of them. If you do not agree with the changes or updates made, you must then stop using the Service and cancel any and all accounts with the Service. We recommend that you print these Terms of Service to keep a copy for your records. They shall remain in effect from the date of your acknowledgement until SOLMIS or the you, the user, terminates these Terms.
If you violate these Terms, SOLMIS is hereby authorized to issue a warning to you, the user, in reference to the violation and/or immediately limit/suspend/terminate all access to any and all of the accounts you have created to use our Service. By accepting these Terms, you agree that SOLMIS does is not required to provide additional notice before doing so, but it may at its own discretion.
SOLMIS is hereby authorized to refuse or limit any access to the Services for any reason and without prior notice, including for any violation of these Terms. You acknowledge that SOLMIS is authorized to discontinue or change the Service and/or its content at any time, without liability and with or without notice to you, the user. You may not accept these Terms if: (a) you are not legally entitled to using these Services under the applicable laws of your country of residence, or (b) if you are not of legal age to be able to enter into a legal agreement with SOLMIS. Upon accepting and acknowledging these Terms, you agree that you are of legal age to enter this agreement or, if not, you have obtained the consent of your parent or legal guardian to do so, as required by applicable law. It is your, the user’s, responsibility to confirm that you are legally permitted to enter into this agreement without violating any laws.
There are some countries that have implemented age laws and/or usage restrictions regarding the download, installation and/or use of products or software that may be available through the Services. It is your, the user’s, responsibility to ensure that you are legally permitted to use this Service without violating any laws.
You must only use the Services:
(b) you are legally entitled to use the Services under the applicable laws and regulations of your country of residence, and
(c) if applicable laws and regulations permit you to use the Services where you are when you use its.
By using the Service, you represent that you are age 13 or older. If you are under the age of 13, you must not use any Service.
If you are between the ages of 13 and 17 or you otherwise do not have the authority to enter into agreements such as these, your parent or legal guardian must review and agree to this Terms (both for themselves and on your behalf) before you can use any Service.
These Terms contains a binding arbitration clause and class action waiver that impact United States residents’ rights about how to resolve disputes. Except if you opt-out and except for certain types of disputes described in These Terms, you agree that disputes between you and SOLMIS will be resolved by binding, individual arbitration and you waive your right to trial by jury or participate as a plaintiff or class member in any class action lawsuit or class-wide arbitration.
- Intellectual Property
2.1 All copyrights, trademarks and other intellectual property rights, both within our games and relating to them (not including content that is owned by other users and contributed to us), are either licensed to or owned by us.
2.2 As long as you, the user, are in compliance with these Terms, we authorize you to use our games in a non-exclusive, personal, non-transferable, revocable, limited manner only for your personal private use (not to include any related object or source code). You must exercise this license in accordance with these Terms and are not authorized to use our games for any other purpose.
2.3 Unless agreed to in writing prior to doing so, you may not copy or distribute any part of our games, or create or make available to the public any work related to our games.
2.4 You are not authorized to make any cheats or other technological means available that would allow you or any other user to control our games or their elements, including allowing users to obtain Virtual Currency and/or Virtual Goods, whether they be free or not.
2.5 When you submit information (hereinafter, “Content”) using our games, you:
– confirm that you are authorized to do so;
– allow us and our affiliates to edit, publish, adapt and/or use your Content and any work we may create from it in any and all media outlets (whether now or in the future), for any purpose and for any duration, without any compensation to you;
– understand and agree that you have “moral rights” to such Content (such as the right to be acknowledged for your creation and to not have your work used in a derogatory manner). You also understand and agree that you waive any such moral rights to such Content; and
– agree that, regarding any Content that may be submitted by you, the user, we are not required to protect or monitor such Content rights, and that, if we choose, we are authorized to enforce your rights on your behalf, including by taking legal action, and assuming all costs for doing so.
2.6 You may not copy or distribute, create or make available to the public any Content related to our games that belongs to another user. If you feel that someone has infringed upon your own personal intellectual property rights via the Internet, you may contact us at Support@myantiquaria.com and include the following description of how you believe your rights have been violated:
– where the material you believe has violated your rights is located;
– your name, address, phone number and email address;
– a personal statement, under penalty of perjury, that (i) you sincerely believe that the use of material in question is unauthorized, as you own the intellectual property rights to said material, and (ii) that all information that you have provided is true and accurate (and, if applicable, that you are authorized to act on behalf of the owner of said infringed material); and
– a signature (in pen or electronic) of the person authorized to act on behalf of the owner of said infringed material.
- User Content and User Account
Any Content that you publish on our Service using the tools and technology provided by SOLMIS is voluntarily published. You acknowledge and agree that you may not sell, transfer, distribute or license said Content and/or our application in any way, in any location, or on any virtual network or other means without the express written consent of SOLMIS. You authorize SOLMIS to act as your representative regarding the operation of the application.
Any graphics, photos, text or data, as well as their selection and/or arrangement, that has been uploaded to the Service are authorized, totally or partially, for unlimited, promotional and/or non-commercial use by SOLMIS. All photos, text and graphics uploaded by you are considered to be User Content and thus your responsibility. As a consequence, SOLMIS is not responsible for any files or images that are uploaded, posted or made available by other users.
That being expressed, you, the user, are responsible for the User Content that you submit, and acknowledge that no User Content that is uploaded shall be (i) harassing, illegal, defamatory, threatening, libelous, offensive, pornographic, inappropriate, abusive or unlawful; (ii) a misrepresentation or constitute fraud; (iii) protected by law, including property or privacy rights, or any other personal rights, nor shall it be in violation of copyright or trade secrets; (iv) marketing or advertising for any good, service, business or other organization; or (v) an invasion of a third party’s privacy or an impersonation of another person and/or user. We hereby reserve the right (but are not obligated) to determine whether the User Content that is uploaded by you, the user, complies with these Terms and SOLMIS, at its sole discretion, may remove Content or suspend and/or terminate this agreement if any Content you, the user, uploads is in violation with these Terms, especially when required in accordance with any court order, applicable law, or requirement of any administrative agency or other government body.
SOLMIS is not required to, although it may, regulate User Content and therefore does not guarantee the quality, accuracy or integrity of User Content on our Service. When you use the Services, you acknowledge and agree that there may exist offensive or objectionable material. As a result, SOLMIS will not be held liable for any such circumstance regarding User Content, including errors, loss or damage. Without prior notice, SOLMIS is hereby authorized to remove or delete User Content from its Service.
You may be required to create an account with us, to select a password for your account or you may allow our Services to interact with account for any social network or platform or also use other credentials to access the account (“Account Information”).
You acknowledge and agree your account is personal to you and you are not entitled to transfer your account to any other person. You shall not rent, sell or give away your Account Information, create an Account using a false identity or information, or on behalf of someone other than yourself. You shall keep Account information secret. You shall not give your Account Information to anyone else, nor allow anyone else to use your Account Information or otherwise jeopardize the security of your account. You are solely responsible for maintaining of your Account or using the Services, including without limitation in-app purchases, whether or not authorized by you, and agree to fully compensate us for any losses or harm in case if you fail to keep your Account Information confidentiality, or if you share your Account Information with someone else in any way.
SOLMIS reserves the right to assume that anyone logging into your account using your Account Information is either you or someone logging in with your permission. We accept no responsibility to you for any loss that you suffer as a result of an unauthorized accessing your account or using the Services and for any losses or harm resulting from its unauthorized use.
You acknowledge and agree if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data with regard to your account, including but not limited to, your game progress, the score you have reached through the Services, any Virtual Currency or Virtual Goods, and other data, information, content and materials relating to your account.
- Policy regarding names
Clan names, nicknames and any other nameable item or entity of the user may not:
– be obscene, profane, sexually explicit, vulgar, harmful, hurtful or make inappropriate references to the human body or its functions;
– promote drugs or imply anti-gay, ethnic, racial or sexual offense nor any real hostility toward a specific race, religion or nationality;
– reference any sexual orientation or aspect thereof, whether it be regarding the user themselves or other users;
– violate any law;
– violate SOLMIS’s or any third party’s property rights;
– initiate a call for activities of terrorism or extremism, nor serve as a means of communication for extremist or terrorist persons/groups/organizations;
– contain information that may discredit or offend public officials or any well-known symbol;
– contain any serial numbers or other login/password information for commercial products or services, that would allow users to access otherwise paid Internet services for free;
– contain information or statements that may disclose data representing some confidential secret or other confidential information;
– contain slander, threats or coarse expressions or suggestions that would be in conflict with general ethics, nor any information that would be in contrast to a third party’s privacy (such as name, address, telephone number or any other personal identifying information);
– consist only of well-known names, political parties, geographical locations or numbers that are associated with the above;
– emulate or praise any real group or organization, sports team, historical event, terrorist society, or other community or group that may have a negative connotation or be connected to crimes against humanity, nor any discriminatory statements or words in reference to a national, gender, racial, religious view or their leaders/figures (such as military, religious or political groups);
– use the name of another user to falsely represent that user.
SOLMIS reserves the right to refuse registration of nicknames, clan names, descriptions or other names of any user without any prior notice, as well as change or suspend/terminate this agreement and the Service as a result of any violation of the above or other reason, all at its own discretion.
If you happen to see any of the above, please report it to Support@myantiquaria.com.
- Virtual Currency and Virtual Goods
SOLMIS’s Services may include virtual currency, be it coins, points or similar items, that users collect or obtain through the use of said Services or otherwise purchased within or outside of the Services (hereinafter, “Virtual Currency”). Digital items, such as abilities, useful items or other goods may also be either collected or obtained through the use of the Services or otherwise purchased within or outside of the Services (hereinafter, “Virtual Goods”). SOLMIS hereby reserves the right to manage, control, regulate, change or eliminate Virtual Currency or Virtual Goods at any time and at its own discretion. To exercise such right, SOLMIS shall not be held liable to anyone, whether it be the user or a third party. You, the user, has no real ownership or interest over any Virtual Currency or Virtual Goods except when applicable to the Services and as part of a non-assignable, non-transferable, limited and personal license to use said Virtual Currency and Virtual Goods that you may have earned, purchased or obtained within the Service or in another manner that has been previously authorized by SOLMIS.
You hereby acknowledge and agree that Virtual Currency and Virtual Goods cannot be transferred, and said transfer is prohibited except for in the manner expressly stated in the Service. You may not sell, transfer or redeem Virtual Currency or Virtual Goods belonging to SOLMIS to any other user or third party. You hereby acknowledge and agree that in reference to Virtual Currency and Virtual Goods, all sales are final and non-refundable, and only SOLMIS or the third party involved has the authority to consider a refund. If your account, the Service or these Terms are cancelled or terminated for any reason, including SOLMIS determining to discontinue all or a part of the Service, you understand that you will as a result forfeit all Virtual Currency and Virtual goods, with SOLMIS having no liability to you for doing so.
- Violation of the Terms of Service
6.1 SOLMIS reserves the right to suspend/terminate access to its games or Services (even if that means deleting your account) if it deems that you are in violation of these Terms (either resulting from one major violation or a combination of minor violations).
6.2 You, the user, acknowledge this right and agree to compensate SOLMIS for any damage, harm, loss or expense that may arise as a result of your violation of these Terms.
- Disclaimer and release
7.1 SOLMIS hereby accepts liability for any personal injury or death that may result from negligence on the part of SOLMIS, its employees or its agents, and for any loss or harm caused by fraud on the part of SOLMIS, its employees or its agents, or any other potential liability that may not be excluded in accordance with applicable law.
7.2 Within any period of 12 months, SOLMIS shall only be liable for loss or harm that is a consequence of SOLMIS’s negligence or violation of these Terms, it being reasonably foreseen. Loss and harm is considered to be foreseen when you, the user, and SOLMIS could have considered them upon agreeing to these Terms. Said liability shall only be valued at the amount that you, the user, has paid to SOLMIS within the 100 days prior to the claim.
7.3 SOLMIS will not be responsible for:
– any loss or harm that is not a consequence of a violation of these Terms or due to negligence;
– loss or harm that is not reasonable foreseen by you, the user, or SOLMIS upon agreeing to these Terms (including loss of opportunity, data, service interruption, failure of your device or any other financial loss);
– any increase in loss or harm resulting from your, the user’s, violation of these Terms;
– any technical failure or SOLMIS’s website, game and/or social media network being down when outside of SOLMIS’s control.
7.4 SOLMIS provides its games and Services with the same care as any other similar game provider, and will not be liable for any interruptions or errors that you experience while playing our games. Therefore, you, the user, acknowledge and agree that in the event you experience issues or are dissatisfied with our Services, the only action you may take is to discontinue use.
7.5 Any legal rights you, the user, may have as a consumer of the Services shall be unaffected by these Terms.
- Privacy and Protection of Personal Data
- Termination of the Agreement
At any time, you may terminate this agreement and the resulting relationship with SOLMIS by stopping use of the Services.
SOLMIS is hereby authorized to suspend/terminate this agreement with you, and you are hereby authorized to suspend/terminate your use of the Services at any time for (but not limited to) the following reasons:
(a) YOU HAVE VIOLATED THE TERMS OF SERVICE;
(b) YOU ARE INVOLVED IN ILLEGAL ACTS, HAVE INFRINGED UPON COPYRIGHT, PRIVACY OR INTELLECTUAL PROPERTY RIGHTS OF ANOTHER PERSON OR A THIRD PARTY;
(c) IT IS REQUIRED BY APPLICABLE LAW/REGULATIONS, WITHIN THE TIME PERIODS REQUIRED BY SAID APPLICABLE LAW/REGULATIONS;
(d) SOLMIS SIMPLY DETERMINES THAT THE SERVICE SHALL NO LONGER BE OFFERED.
At the time this agreement is terminated, (a) all rights and license to use the Service shall likewise be terminated; (b) you, the user, shall stop using the Service. Should this agreement be terminated or suspended, your obligations to SOLMIS regarding these Terms (including provisions regarding rights, ownership, liability, compensation, confidentiality, etc.) shall prevail, as long as they are intended to last longer than the agreement itself.
- Miscellaneous Provisions
(a) Availability and Access. You hereby agree that you are responsible for the maintenance of all devices, hardware and equipment required to access the Services and for the payment thereof. Any materials or information provided on the Services are not intended for use or distribution by any individual or entity in any locale where said use or distribution would be in violation of applicable law/regulations, or where SOLMIS would be responsible for any registration in said locale.
(c) No Waiver. Any failure on the part of SOLMIS to exercise any and all rights or stipulations under these Terms shall not constitute a waiver of said rights or stipulations, and should any party hereof waive any violation or default in these Terms, it should not be interpreted as a waiver of any prior or later violation or default. Should any stipulation in these Terms be deemed invalid by a competent court or authority, the parties agree that the court shall consider the parties’ intentions, as stipulated, and all other stipulations shall remain in effect.
(d) Assignment. Under no circumstances may you assign these Terms without the express written consent of SOLMIS. However, SOLMIS reserves the right to assign these Terms as it deems necessary.
(e) Compliance. Should there be any question of your compliance with these Terms, SOLMIS may request, and you must provide, any information, documentation or releases necessary to prove such a fact.
(f) Construction and Waiver of Defense. You, the user, hereby agree that these Terms, having been written by SOLMIS, shall not be used against SOLMIS in any manner. You hereby waive any and all defense resulting from the fact that these Terms are in electronic form and the acknowledgement and agreement of said Terms does not require the signature of the parties to be binding and in effect.
(g) Force Majeure. Should there be any Act of God or other force majeure, such as war, terrorist act, civil or military action, embargo, riot, strike, fire, flood, accident or energy shortage, or any other cause outside of SOLMIS’s control, SOLMIS shall not be liable for any delay or failure of the Services provision.
- Limitations of liability
WHEN PERMITTED BY LAW, SOLMIS, AND SOLMIS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES RESULTING FROM ACCESS, USE, OR MALFUNCTION OF THE SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES TO PROPERTY, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PROPERTY DAMAGE, LOST PROFITS, PERSONAL INJURIES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED THE TERMS OR THE SERVICES WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT SOLMIS HAS 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 SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOLMIS AND YOU.
IN ALL CASES, SOLMIS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
TO THE EXTENT PERMITTED BY LAW ANY ADDITIONAL LEGAL RIGHTS WHICH YOU MAY HAVE AS A CONSUMER REMAIN UNAFFECTED BY THESE TERMS.
You acknowledge and agree to indemnify, defend and hold SOLMIS and its members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the services, or any breach by you of the terms, however the foregoing does not apply if the third party claim is not attributable to your intentional or negligent behavior.
Binding arbitration and Class action waiver
These Binding arbitration and Class Action Waiver provisions apply to you if you are domiciled in and/or access, download and use our Services in the United States. These provisions may also apply to you if you are domiciled in and/or download or use our Services from outside the United States.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. If you have any concerns or queries regarding our Services, you may contact us at firstname.lastname@example.org. Most concerns are quickly resolved in this manner to our customers’ satisfaction.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Los Angeles County, California, and you and we agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, as an exception to the binding arbitration rule, to the extent the Dispute arises from:
– A violation of SOLMIS intellectual property rights in any manner;
– Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of conduct” of these Terms; and
– Any claim for equitable relief;
then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Terms above by sending written notice of your decision to opt-out to the following address: Lefcou Anastasiadi, 8, Strovolos, 2012 Nicosia, Cyprus. The notice must be sent within 30 days of the earlier of your first download of the applicable Services or commencing use of our Services (or if no purchase was made, then within 30 days of the earliest of the date on which you first download the applicable Game or access or commence use the applicable Service); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
SOLMIS will provide 30-days’ notice of any changes to this Section 10 through the Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.
- Dispute Resolution and Governing Law
If a dispute arises between you and SOLMIS, we strongly encourage you to first contact us directly to seek a resolution by contacting us at email@example.com.
If you are a resident outside of the United States, you agree that all disputes between you and SOLMIS shall be governed by the laws of Cyprus, without regard to conflict of law provisions. You agree that any claim or dispute you may have against SOLMIS must be resolved exclusively by a court located in Cyprus.
- Privacy and Protection of Personal Data
Any information you provide is subject to the Policies of the relevant social network or App store. Upon using this Service, you may also be authorizing said social network or App store to share your email address and any other information, such as your name, address and telephone number (hereinafter, “Personal Data”) with SOLMIS.