Terms of Service
Effective Date: March 24, 2016
Upbeat Games Desenvolvimento de Software Ltda. (“Upbeat Games” or “we” or “us”) is a developer and publisher of mobile game applications that are made available via app stores including iTunes App Store, Google Play and Amazon Appstore, and other platforms such as Facebook (our “Games”).
Acceptance of these Terms of Service creates a binding legal agreement between you (also the “User”) and Upbeat Games (“User Agreement”). Each time you download one of our Games to your device or connect to one of our Games on Facebook, a new User Agreement is concluded and its terms apply to your use of the specific Game that you accepted these Terms of Service for.
1.About these Terms of Service
1.3. App stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.
1.4. 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. Information about game rules, score rules, controls and guidelines for each Game can be found within the Game itself, in Game descriptions on the app stores and platforms, in support sections inside our Games and on the Upbeat Games website.
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. Our Games are free to play, but you may purchase virtual items (e.g. lives, extra moves, extra seconds, bats, brooms, wands, virtual coins, cash, gold, gems and diamonds, points and etc) inside our Games to speed up gameplay and progress in the Game by spending real money (“Virtual Items”). Prices for Virtual Items include applicable statutory turnover tax. Means of payment may vary depending on which app store or platform you make your purchase. If we suspend or terminate your account believing that you are in material breach of these terms, you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.
2.4. You understand that the Service is an evolving one. Upbeat Games may require that you accept updates to the Service and to our games you have installed on your computer or mobile devices. You acknowledge and agree that Upbeat Games may update the Service and our games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play our Games.
2.5. There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3. Ownership and Scope of License
3.1. Upbeat Games owns or has licensed all rights, title and interest in and to the Games including all content (except for content created by users), software, program code, graphics, texts, game titles, and trademarks.
3.2. You can only download our Games or connect to our Games on Facebook and access our Games for your personal use. Upbeat Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use our Games for your own non-commercial entertainment purposes. You agree not to use our Games for any other purpose.
3.3. You understand that when you purchase a Virtual Item, you do not own it, but acquire a limited license to use the Virtual Item as a feature inside the Game that you purchased the Virtual Item in. As Virtual Items are no assets that one can own, they cannot be transferred, neither from one Game to another nor from you to another user account nor viceversa. The license granted to you ends when you used up the purchased Virtual Item or this User Agreement expires.
4. User Conduct and Content
4.1. You shall download and connect to and play our Games only for your personal use and according to these Terms of Service, any app store and platforms terms and applicable law.
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 shall not interfere with our Games and gameplay inside our Games irrespective of whether or not this includes manipulation of the software, backend or networks. In particular and without limitation you shall not:
create, offer or use hacks, cheats, exploits or any other unauthorized application, tool or command that modifies the Game or gameplay or circumvents technical protection measures in a way not intended by Upbeat Games;
decompile, disassemble or reverse-engineer our Games;
create, offer or use any malware (e.g. computer viruses, Internet worms, Trojan horses, hoaxes, dialers);
offer, provide or acquire our Games or Virtual Items by means other than explicitly facilitated by Upbeat Games;
spy on Upbeat Games, its Games or any other services or users or collect data unauthorized;
sell and transfer a Game account.
4.5. Our Games may allow you to communicate with other users and post content (e.g. texts, pictures). When you interact with other users or make content available via our Games, you shall not:
post or use any communication or content that breaches applicable law including third-party rights, e.g. rights in intellectual property, rights to confidentiality or rights to privacy;
post or use any communication or content that is abusive, unethical, racist, obscene, pornographic, discriminating, harmful to minors or glorifies violence, or is objectionable in any other way;
insult, threaten, provoke or harass others including other users as well as Upbeat Games and its employees and partners, for example, by using abusive language, stalking or spamming;
post or use any communication or content for commercial purposes;
link or refer to any source outside our Games that is in breach of this Sec.4.5.
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. By making communication or content available via our Games, you grant Upbeat Games a permanent right to use your communication and content for display inside our Games, to publish your communication and content in all media and to adapt them for this purpose. You may withdraw from this grant of rights by giving appropriate notice to Upbeat Games at http://upbeatgames.com/contact-us/.
5. Your breach of these terms
5.1. We reserve the right to suspend or terminate your access to our Services (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of Sec. 4 are likely to be considered material breaches.
5.2. 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.
6. Limitation of liability and damages
6.1. To the fullest extent allowed by law, you agree that neither we, nor any of our affiliates or agents, will be liable to you and/or any other person for any consequential or incidental damages (including but not limited to lost profits, loss of data, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site, its content, or applications, or to any breach of these terms, even if we have been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability. You further specifically acknowledge that Upbeat Games is not liable, and you agree not to seek to hold Upbeat Games liable, for the conduct of third parties, including other users of the site and applications and operators of external sites and services. To the fullest extent allowed by law, you agree that your sole and exclusive remedy for any dispute with Upbeat Games is to stop using the site, applications and services, and to cancel your account. Our total liability hereunder is limited to the amount, if any, actually paid by you for access and use of the site in the past 180 days. You hereby release us and our affiliates from any and all obligations, liabilities and claims in excess of this limitation. Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
7. Transferring these terms
7.1. Upbeat Games may transfer all or a part of its rights or obligations pursuant to this User Agreement to a third party without your consent. You may transfer any of your rights or obligations under this User Agreement only with our prior written approval.
8. Changes to these terms
8.1. You can find these terms at any time by visiting upbeatgames.com.
We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so 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.
10. Waivers of our rights
10.1. 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.
11. Force Majeure
11.1. Upbeat Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Upbeat Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Upbeat Games’ 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.