Terms of Service
SCR develops and publishes games for mobile devices,
such as: BattleStar Glow Hockey, Spider Draw, Precision Bubble Level, and Truckin’ (the “Service”). In
this policy, We may also refer to the company as "SCR",
"We" or "Us".
This Agreement requires the use of arbitration on an
individual basis to resolve disputes, rather than jury trials or class actions,
and also limits the remedies available to you in the event of a dispute.
This Terms of Service (“Agreement”) sets forth the
legally binding terms for your use of any App (including any related services
provided by SCR). By using any App, you are accepting this Agreement and you
represent and warrant that you have the right, authority, and capacity to enter
into this Agreement. If you do not agree with all of the provisions of this
Agreement, please do not use any App. This Agreement is the final, complete and
exclusive agreement of you and SCR with respect to the subject matters hereof
(including the Apps) and supersedes and merges all prior discussions and
agreements between the parties with respect to such subject matters (including
any prior End User License Agreements, Terms of Service or Privacy Policy).
1. End User License Agreement
1.1 License
Subject to the terms of this Agreement, SCR grants you
a non-transferable, non-exclusive, license to (a) use for your personal use,
and (b) copy, for the purpose of downloading, installing and executing, the
number of copies for which you are authorized by the download site of each App
on a mobile device that you own or control for your use (the “License”).
1.2 Certain Restrictions
The rights granted to you in this Agreement are
subject to the following restrictions: (a) you shall not license, sell, rent,
lease, transfer, assign, distribute, host, or otherwise commercially exploit
any App; (b) you shall not modify, translate, adapt, merge, make derivative
works of, disassemble, decompile, reverse compile or reverse engineer any part
of Apps, except to the extent the foregoing restrictions are expressly
prohibited by applicable law; (c) you shall not access any App in order to
build a similar or competitive service or application; (d) except as expressly
stated herein, no part of any App may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, or (e) you shall not remove or destroy any copyright notices or other
proprietary markings contained on or in any App. Any future release, update, or
other addition to functionality of any App (including in-App purchases,
additional levels, and gameplay enhancements) shall be subject to the terms of
this Agreement, unless otherwise provided in terms associated with such
addition. All copyright and other proprietary notices on any App content must
be retained on any copies.
1.3 Local Laws
You are solely responsible for compliance with all
applicable laws, including without limitation export and import regulations.
1.4 Modification
SCR reserves the right, at any time, to modify,
suspend, or discontinue the Apps or any part thereof with or without notice.
You agree that SCR will not be liable to you or to any third party for any
modification, suspension, or discontinuance of any App or any part thereof.
1.5 Ownership
Apps provided to you are licensed to you and not sold.
SCR (and its licensors, where applicable) own all right, title and interest,
including all related intellectual property rights, in and to all Apps,
excluding your User Content (defined below). This Agreement is not a sale and
does not convey to you any rights of ownership in or related to any App. The SCR
name, logo, and the product names associated with the Apps belong to SCR (or
its licensors, where applicable), and no right or license is granted to use
them by implication, estoppel or otherwise. SCR (and its licensors, where
applicable) reserve all rights not granted in this Agreement.
1.6 Ads
When you start or stop an App, it may display an ad.
During gameplay, banner and/or interstitial ads may be displayed.
2. User Content
2.1 User Content
“User Content” of a user means any and all content
that such user uploads, distributes, or otherwise provides via any App. You are
solely responsible for your User Content. You assume all risks associated with
use of your User Content, including any reliance on its accuracy, completeness
or usefulness by others, or any disclosure of your User Content that makes you
or any third party personally identifiable. You hereby represent and warrant
that your User Content does not violate the Acceptable Use Policy (defined
below). You may not state or imply that your User Content is in any way
provided, sponsored or endorsed by SCR. SCR is not obligated to backup any User
Content and User Content may be deleted at any time. You are solely responsible
for creating backup copies of your User Content if you desire.
2.2 License
By uploading, distributing, or otherwise using your
User Content with any App, you automatically grant, and you represent and
warrant that you have the right to grant, to SCR an irrevocable, nonexclusive,
royalty-free and fully paid, worldwide license, with the right to grant
sublicenses, to reproduce, distribute, publicly display, publicly perform,
prepare derivative works of, incorporate into other works, and otherwise use
your User Content, solely to display your User Content on any App.
2.3 Feedback
If you provide SCR any feedback or suggestions
(“Feedback”), you hereby assign to SCR all rights in the Feedback and agree
that SCR shall have the right to use such Feedback and related information in
any manner it deems appropriate. SCR will treat any Feedback you provide to SCR
as non-confidential and non-proprietary. You agree that you will not submit to SCR
any information or ideas that you consider to be confidential or proprietary.
2.4 Acceptable Use Policy
The following sets forth SCR’s¬ “Acceptable Use
Policy”:
(1) You agree not to use any App to upload,
distribute, or otherwise use any User Content (a) that violates any third-party
right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or
proprietary right; (b) that is tortious, trade libelous, defamatory, false, or
intentionally misleading, (c) that is harassing, abusive, threatening, harmful,
vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic
or gratuitous violence, or that promotes violence, racism, discrimination,
bigotry, hatred, or physical harm of any kind against any group or individual,
or is otherwise objectionable, (d) that is harmful to minors in any way; (e)
that constitutes unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other form
of duplicative or unsolicited messages, whether commercial or otherwise; or (f)
that violates of any law, regulation, or contractual obligations.
(2) You agree not to use any App to: (a) upload or
distribute any computer viruses, worms, malicious code, or any software intended
to damage or alter a computer system or data; (b) collect information or data
regarding other users, including e-mail addresses, without their consent (e.g.,
using harvesting bots, robots, spiders, or scrapers); (c) disable, overly
burden, impair, or otherwise interfere with servers or networks connected to
Apps (e.g., a denial of service attack); (d) attempt to gain unauthorized
access to the Site or App or servers or networks connected to Apps (e.g.,
through password mining); or (e) interfere with another user’s use and
enjoyment of any App.
2.5 Enforcement
We reserve the right (but have no obligation) to
review any User Content in our sole discretion. We may remove or modify your
User Content at any time for any reason in our sole discretion with or without
notice to you.
3. Term and Termination
3.1 This Agreement commences on the
date you accept this Agreement (as described in the preamble) and will remain
in full force and effect while you use the App, unless earlier terminated in
accordance with this Agreement.
3.2 Notwithstanding the forgoing, if
you used any App prior to the date you accepted this Agreement (as described in
the preamble), you hereby acknowledge and agree that this Agreement commences
on the date you first use any App (which ever is earlier and which may be prior
to the Agreement Version Date) and will remain in full force and effect while
you use any App, unless earlier terminated in accordance with this Agreement.
3.3 We may (a) suspend your rights to
use any App, and/or any related services or (b) terminate this Agreement, at
any time for any reason at our sole discretion with or without notice to you,
including if we in good faith believe you have violated the Acceptable Use
Policy or any other provision of this Agreement. Without limiting the
foregoing, SCR reserves the right to terminate its Agreement with any user who
repeatedly infringes third party copyright rights upon prompt notification to SCR
by the copyright owner or the copyright owner’s legal agent.
3.4 Upon termination of this
Agreement, your right to use the App will automatically terminate immediately.
You understand that any termination may involve deletion of your User Content
associated therewith from our live databases. SCR will not have any liability
whatsoever to you for any termination of this Agreement, including deletion of
your User Content. Even after this Agreement is terminated, the following
provisions of this Agreement will remain in effect: Sections 1.2, 1.3, 1.4,
1.5, 2, 3.4, 4, 5, 6, 7, 8, 9, and 10.
4. Indemnity
You agree to defend, indemnify and hold harmless SCR
(and its suppliers) from and against any claims, suits, losses, damages,
liabilities, costs, and expenses (including reasonable attorneys’ fees) brought
by third parties resulting from or relating to: (i) your use of any App, (ii)
your User Content, or (iii) your violation of this Agreement. SCR reserves the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify SCR and you agree to cooperate
with our defense of these claims. You agree not to settle any matter without
the prior written consent of SCR. SCR will use reasonable efforts to notify you
of any such claim, action or proceeding upon becoming aware of it.
5. Third Parties
5.1 Application Stores. You
acknowledge and agree that the availability of the App is dependent on the
third party from which you received App, e.g., the Apple iPhone or Android
stores (“Application Store”). You acknowledge that this Agreement is between
you and SCR and not with the Application Store. The Application Store is not
responsible for the App, the content thereof, maintenance, support services,
and warranty therefor, and addressing any claims relating thereto (e.g.,
product liability, legal compliance, or intellectual property infringement).
You agree to pay all fees charged by the Application Store in connection with
App (if any). You agree to comply with, and your license to use App is
conditioned upon your compliance with, all applicable third party terms of
agreement (e.g., the Application Store’s terms and policies) when using App.
You acknowledge that the Application Store (and its subsidiaries) are third
party beneficiaries of this Agreement and will have the right to enforce this
Agreement.
5.2 Third Party Services
SCR may permit certain third party applications (like
leaderboards, game networks) to provide content through the App (“Third Party
Services”). The App may be used to send content provided by the Third Party
Service between users who have the Third Party Service installed on their
device. When you do so, SCR will share information with the Third Party Service
as described in the SCR Privacy Policy. SCR is not responsible for and does not
control Third Party Services. SCR provides these Third Party Services only as a
convenience to you. SCR has no obligation to review or monitor, and does not
approve, endorse, or make any representations or warranties with respect to
Third Party Services. You use all Third Party Services at your own risk. When
you access a Third Party Service, the applicable third party’s terms and
policies apply, including the third party’s privacy policies. You should make
whatever investigation you feel necessary or appropriate before proceeding with
any transaction in connection with any Third Party Services.
5.4 Other Users
An App may contain User Content provided by other
users of the App. SCR is not responsible for and does not control User Content.
SCR has no obligation to review or monitor, and does not approve, endorse, or
make any representations or warranties with respect to User Content. You use
all User Content and interact with other users at your own risk. Your
interactions with other users are solely between you and the other user and we
are under no obligation to become involved. You agree that SCR will not be
responsible for any liability incurred as the result of any such interactions.
5.5 Release
You hereby irrevocably and unconditionally release and
forever discharge SCR (and its suppliers) from any and all claims, demands, and
rights of action, whether now known or unknown, which relates to any
interactions with, or act or omission of, any Third Party Service, other Apps
users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY
WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING,
WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.”
6. Disclaimers
6.1 APPS ARE PROVIDED “AS-IS” AND AS
AVAILABLE AND SCR (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SCR (AND ITS SUPPLIERS) MAKE NO
WARRANTY THAT ANY APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE
ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE
ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
6.2 SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
7. Limitation on Liability
7.1 IN NO EVENT SHALL SCR (OR ITS
SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING FROM OR RELATING TO THIS AGREEMENT OR SCR’S PRIVACY PRACTICES, ANY APP,
EVEN IF SCR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND
USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF
DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, SCR’S¬ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS
AGREEMENT OR SCR’S¬ PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE
PAID SCR IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL SCR’S SUPPLIERS
HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
7.2 SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. Fees
You agree to pay the applicable fee (to us or the
applicable distributor) for the Apps you download and for any in-App purchases
(such as virtual currency, coins, gems, in-App products, additional levels, and
gameplay enhancements) you make.
9. General
9.1 Changes to this Agreement
This Agreement is subject to occasional revision, and
if we make any substantial changes, we may notify you by prominently posting
notice of the changes on our Site. Any changes to this Agreement will be
effective upon the earlier of thirty (30) calendar days following our dispatch
of an e-mail notice to you (if applicable) or thirty (30) calendar days
following our posting of notice of the changes on our Site. These changes will
be effective immediately for new users of our Apps. Continued use of our Apps
following notice of such changes shall indicate your acknowledgement of such
changes and agreement to be bound by the terms and conditions of such changes.
The date on which the latest update was made is indicated at the top of this
document. We recommend that you print a copy of this Agreement for your
reference and revisit this webpage from time to time to ensure you are aware of
any changes.
9.2 Notice
Any notice provided to SCR pursuant to this Agreement
should be sent to: srcdlrichardson@yahoo.com.
9.3 Severability
If any provision of this Agreement is, for any reason,
held to be invalid or unenforceable, the other provisions of this Agreement
will be unimpaired and the invalid or unenforceable provision will be deemed
modified so that it is valid and enforceable to the maximum extent permitted by
law.
9.4 Entire Agreement
This Agreement is the final, complete and exclusive
agreement of you and SCR with respect to the subject matters hereof (including
all Apps) and supersede and merge all prior discussions and agreements between
the parties with respect to such subject matters (including any prior End User
License Agreements and Terms of Service or Privacy Policy). Our failure to
exercise or enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. The word
including means including without limitation. Your relationship to SCR is that
of an independent contractor, and neither party is an agent or partner of the
other. This Agreement, and your rights and obligations herein, may not be
assigned by you without SCR’s prior written consent, and any attempted
assignment in violation of the foregoing will be null and void. SCR may assign
this Agreement in connection with a merger, acquisition, reorganization or sale
of all or substantially all of its assets, or other operation of law, without
your consent. The terms of this Agreement shall be binding upon assignees.
10. Apple Application Store Additional
Terms and Conditions
The following additional terms and conditions apply to
you if you are using an App from the Apple Application Store. To the extent the
other terms and conditions of this Agreement are less restrictive than, or otherwise
conflict with, the terms and conditions of this Section 10, the more
restrictive or conflicting terms and conditions in this Section 10 apply, but
solely with respect to Apps from the Apple Application Store.
10.1 Acknowledgement: SCR and you
acknowledge that this Agreement is concluded between SCR and you only, and not
with Apple, and SCR, not Apple, is solely responsible for App and the content
thereof. To the extent this Agreement provides for usage rules for App that are
less restrictive than the Usage Rules set forth for App in, or otherwise is in
conflict with, the Application Store Terms of Service, the more restrictive or
conflicting Apple term applies.
10.2 Scope of License: The license
granted to you for App is limited to a non-transferable license to use App on
an iOS Product that you own or control and as permitted by the Usage Rules set
forth in the Application Store Terms of Service.
10.3 Maintenance and Support: SCR is
solely responsible for providing any maintenance and support services with
respect to App, as specified in this Agreement (if any), or as required under
applicable law. SCR and you acknowledge that Apple has no obligation whatsoever
to furnish any maintenance and support services with respect to App.
10.4 Warranty: SCR is solely
responsible for any product warranties, whether express or implied by law, to
the extent not effectively disclaimed. In the event of any failure of App to
conform to any applicable warranty, you may notify Apple, and Apple may refund
the purchase price for App to you; and to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with
respect to App, and any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be SCR’s sole
responsibility.
10.5 Product Claims: SCR and you
acknowledge that SCR, not Apple, is responsible for addressing any claims of
you or any third party relating to App or your possession and/or use of App,
including, but not limited to: (i) product liability claims; (ii) any claim
that App fails to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection or similar legislation. This
Agreement does not limit SCR’s liability to you beyond what is permitted by
applicable law.
10.6 Intellectual Property Rights: SCR
and you acknowledge that, in the event of any third party claim that App or
your possession and use of App infringes that third party’s intellectual
property rights, SCR, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual
property infringement claim.
10.7 Legal Compliance: You represent
and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
10.8 Developer Name and Address: SCR’s
contact information for any end-user questions, complaints or claims with
respect to App is set forth in Section 9.2.
10.9 Third Party Terms of Agreement:
You must comply with applicable third party terms of agreement when using App.
10.10 Third Party Beneficiary: SCR and you acknowledge
and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries
of this Agreement, and that, upon your acceptance of the terms and conditions
of this Agreement, Apple will have the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a third party
beneficiary thereof.
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