Effective November 21st , 2023
Introduction
Thank you for choosing Smuthy!
Smuthy is an online platform offering various literary works. The services, including but not limited to the mobile application, websites and associated software and content as well as the services provided therein (collectively, “Smuthy” or “Services“), are provided by TWODOOR GAMES SRL, its subsidiaries and/or affiliates (collectively, “TWODOOR GAMES SRL“, “we“, “us“, or “our“). TWODOOR GAMES SRL. is a company operating under the laws of Romania, located at str. Vlad Tepes 71, Curtici, Arad 315200.
Contracting Entity
This agreement (the “Agreement” or the “Terms”) is a binding agreement between the individual or the entity identified in your account (“you“, “your” or “user“) and TWODOOR GAMES SRL..
Different services provided herein may have certain service-specific terms that are applicable to that specific service, and we may specify in certain service-specific terms on our site or within our application that you are contracting with one of our affiliate companies or other third party (instead of TWODOOR GAMES SRL. as applicable) in relation to your use of the relevant service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant service-specific terms. These Terms (including those relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant service or feature.
Age Requirement
Smuthy is not intended for children under the age of 13 (“Children”). Children must not use our Services for any purpose. PTE. LTD will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Smuthy knows is under 13 years of age. If Smuthy discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Services, Smuthy will terminate the account and remove the information or other content.
Users between 13 and 17 (each a “Teen”) may not access or use the Services
Your Acceptance of the Terms of Service
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. Broadly speaking, we give you permission to use our Services if you agree to follow these Terms. By accessing or using our Services, you represent that (a) you are age 18 or older, (b) confirm that you have read, understood and unconditionally accept these Terms and that you agree to comply with them, and (c) if you are between the ages of 13 and 18, your legal guardian has reviewed and agreed to these Terms of Service. In addition to these Terms, you agree to abide by any supplemental policies and terms related to the Services as well as any other operating rules, policies and procedures that may be published from time to time on the Services, each of which is incorporated herein by reference. For example, your access to and use of our Services is also subject to our Privacy Policy and Content Guideline, the terms of which can be found directly on our site or within our application and are incorporated herein by reference.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU ARE NOT GRANTED PERMISSION TO ACCESS, VIEW, OR OTHERWISE USE THE SERVICES FOR ANY PURPOSE AND YOU MUST CEASE ALL SUCH USE IMMEDIATELY. USE OF THE SERVICES IS NULL AND VOID WHERE PROHIBITED.
- Your Account
You can use (including making purchases or payments) our Services without login. We currently do not ask you to make an account or require an account for any of our content.
- Our Content
Except for User Content (as defined below) and except as otherwise explicitly specified by TWODOOR GAMES SRL, all items, content or features within, or otherwise forming a part of, the Services(“TWODOOR GAMES SRL Content”), including but not limited to texts, images, sounds, music, videos, animations, trademarks, logos, patterns, charts, visual interfaces, code, past, present, and future versions, stickers, in-app content additions or other downloadable items within content, and any content accessed or used by you within the software, and the ideas, design, structure, expression, and display of the aforementioned TWODOOR GAMES SRL Content are legally owned, controlled, or legitimately licensed to TWODOOR GAMES SRL and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Services and no TWODOOR GAMES SRL Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, site or other medium for publication or distribution or for any commercial enterprise, without TWODOOR GAMES SRL’s express prior written consent.
Our license on the TWODOOR GAMES SRL Content may, on a case-by-case basis, be granted upon payment by you of “real world money” in accordance with Section 4 and Section 5, and we hereby reserve all rights not expressly granted to you in these Terms. You acknowledge that this license does not transfer any or part of TWODOOR GAMES SRL Content or any copies thereof to you, and any amount indicated in your account as referred to such licensed TWODOOR GAMES SRL Content does not amount to any credit balance in favor of the user in real currency or the equivalent. We may delete TWODOOR GAMES SRL Content from the Services at any time, with or without notice, and we have no liability to you should we exercise these rights.
If you want to report any questions about TWODOOR GAMES SRL Content, please contact us at hello@twodoorgames.com
- Grant of License
Subject to your full compliance with the Terms, applicable laws and regulations, and to the extent we are lawfully able to grant such rights, TWODOOR GAMES SRL grants you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the Services and TWODOOR GAMES SRL Content, solely for your personal, non-commercial and/or other purposes expressly stated herein, solely on a single device. The duration of such Services provision will be as determined by us at our sole discretion.
Each user of the Services is allowed to use one copy of the software in object code format only on a single device in accordance with this Agreement, except that where we expressly allow you to use more than one copy of the software and/or use the software on more than one device.
To provide the Services to you, we may require access to and/or use of your relevant device (including but not limited to mobile phone, tablet or desktop computer) that you use to access the Services. You acknowledge that if you do not provide us with such right of use or access, we may not be able to provide the Services to you. Any personal information that we use or access within your device will be treated in accordance with this Agreement and the Privacy Policy.
We may from time to time provide updates to the Services. Such updates may occur automatically or manually. Please note that the Services may not operate properly or at all if you do not install upgrades or new versions. We do not guarantee that we will provide any updates for the Services, or that such updates will continue to support your device or system. All updates to the Services are part of the Services and subject to this Agreement. It is your sole responsibility to ensure that your device meets the requirements for installing and using the Services as required by us. During installation, the Services may uninstall or disable other software running on your device. If you do not comply with any installation instructions provided by us, you may not be able to use the Services or certain functionalities may not be available to you.
For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any third party’s intellectual property rights, and all right, title and interest in and to such property will remain vested with the applicable owner.
Restrictions on Your Use of the Services
You may not, nor may you permit any other person to:
(a) view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Services, unless formally authorized by us under a separate written agreement;
(b) use the Services in any manner or for any purpose which breaches this Agreement or any applicable laws and regulations or encourages any person or entity to breach this Agreement or any applicable laws and regulations;
(c) use the Services in any manner or for any purpose which may cause any harm or damage to us or our customers;
(d) use the Services to gain unauthorized access to any system, account or data;
(e) sub-license, rent, lease or sell the Services (except where you and us have expressly agreed otherwise);
(f) directly or indirectly charge others for use or access to the Services (except where you and us have expressly agreed otherwise);
(g) directly or indirectly suggest our support or endorsement of any product, service or content (including any personal web site);
(h) transmit unauthorized communications through use of the Services, including junk mail or spam;
(i) make the Services publicly available or available on any network for copying, download or use by any person or persons;
(j) remove, obscure or modify any copyright, trade mark or other proprietary rights notice, marks or indications found in or on the Services;
(k) misrepresent the source or ownership of the Services;
(l) lend, hire, rent, perform, sell, distribute, redistribute, sublicense, make available to the public, broadcast, distribute, transmit or otherwise use any Services in whole or in part in any manner not expressly permitted by this Agreement, or attempt to do any of the foregoing (except where you and us have expressly agreed otherwise);
(m) attempt to disrupt or interfere with the Services including manipulating the legitimate operation of the Services;
(n) use cheats, exploits, automation software or any unauthorized third-party software designed to modify or interfere with the Services;
(o) disrupt or overburden any computer or server used to offer or support the Services, or other users’ use of the Services;
(p) develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with the Services, except where we expressly permit you to do so via our Software (and where this is the case, your use of such software may be subject to additional terms and conditions as notified by us to you); or
(q) modify, create derivative works, reverse compile, reverse engineer or extract source codes from Services, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so.
If you violate any of the above restrictions, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in any Services and all rights not expressly granted are reserved by TWODOOR GAMES SRL.
Any use not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws. We may use technological measures in the Services to prevent unlicensed or unauthorized use of the Services or to prevent any breach of this Agreement. You agree that you will not seek to disable or circumvent them in any way.
- Content purchases and Subscription
Some of the Services and TWODOOR GAMES SRL Content are provided to you free-of-charge, while other Services and content require payment before you can use them. You are responsible for all such payments and related payment obligations under this Agreement.
Pay-to-read
You may from time to time be required to make applicable payments to us and satisfy applicable conditions in relation to the Services, such as for your license to use certain portions of Services.
Subscription
You may be required to make payments to access the Services that are provided in the form of subscriptions as specified on our site or within our application. In the case you purchase any automatically renewing subscriptions, you agree that you will be charged through the payment method we have on record on the renewal date. In the case any payment method you have provided becomes invalid due to an expired credit card or any other reason and that we are unable to charge you during any billing period, we reserve the right to revoke your access to the Services you have subscribed to and cancel your subscription with immediate effect.
Subject to the policy of Apple Store and Google Play, the subscription can be canceled by you at any time before the end of the current billing period, and successful cancellation will take effect at the end of the current billing period. No refund or credit will be made for any remaining days in your current billing period should you wish to cancel at any time prior to the end of the current billing period. Take the following steps to successfully cancel your subscription:
(a) For Apple phones, you can go to Settings>iTunes & App Store. Click Apple ID and choose Apple ID. You can enter your User Settings page to click, Subscription. Choose Our App to cancel the subscription.
You acknowledge that subject to the policy of Apple Store, we reserve the right, to change our terms of Services, in whole or in part, or adjust pricing and availability for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We do not provide price protection or refunds in the event of a price adjustment or promotional offering, whether permanent or temporary.
You agree to abide by any relevant legal agreement that applies to you, including but not limited to the google payments terms of service. All such payments from you are subject to the terms and conditions of the relevant payment service (whether that payment service provider is a third-party or us), in addition to any other relevant terms of this Agreement. We bear no responsibility for any transactions processed by, or any payments made to, a third party, whether or not in connection with the relevant Services. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g., exchange rates), and you are solely responsible for all fees and taxes associated with any Services.
You agree that any payments you make to us in relation to your use of any Services are final and non-refundable, except where specified by us under this Agreement. OTHERWISE, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY SERVICES (WHETHER USED OR UNUSED).
Please note that you are responsible for all third-party charges you incur (including any charges from your internet and telecommunication Services providers) in relation to or arising from your use of the Services.
If you believe that we have charged you in error, and are subject to applicable laws and regulations, you must contact us at hello@twodoorgames.com within 30 days of the date of the relevant charge and no refunds will be given for any erroneous charges after such a 30 days period.
Advertisements
We may make all or some part of the Services available to you without charge. In consideration of such, you acknowledge and agree that we may allow the display of third-party advertising,including advertising that is personalized to you, on or in connection with the Services. Please refer to our Privacy Policy for more details on the use of your personal data in relation to third-party advertising. The advertising may contain links to third-party websites and online services that are not owned or controlled by TWODOOR GAMES SRL. TWODOOR GAMES SRL has no control over such websites and online services, and we bear no liability in relation to the interactions you may decide to have with such advertising including, without limitation, any reliance upon the advertising or any subsequent commercial transactions which may occur between you and the advertisers. Be aware when you leave the Services. We suggest you read the terms and privacy policy of each third-party website and online service that you visit.
- User Content
The Services may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to us and other users of the Services, whether via our app and site, e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Services or portions thereof (collectively, “User Content”). TWODOOR GAMES SRL may but has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand the person from whom User Content originates is solely responsible for such User Content made available in connection with the Services. TWODOOR GAMES SRL reserves the right to but has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. TWODOOR GAMES SRL makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Services is at your own risk and that by using the Services, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Services. Under no circumstances will TWODOOR GAMES SRL be liable in any way for any User Content made available via the Services, including, but not limited to, for any errors or omissions in any such User Content, or for any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, TWODOOR GAMES SRL reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation (a) the violation of these Terms, Privacy Policy, Content Guideline or any applicable laws or regulation, (b) in response to complaints from other users or third parties, with or without notice and without any liability to you, or (c) for no reason, at any time. You may report User Content that you believe violates these Terms, Content Guideline or other inappropriate user behavior to our attention by making use of any report or similar functionality available in our Services or by contacting us through hello@twodoorgames.com.
- Your Content
When you use the Services, you may generate User Content as mentioned in Section 6 (“Your Content“). You must at all times ensure and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including you have the rights required to submit, transmit or display Your Content, and to grant us and other third parties the rights as set out in this Agreement; and Your Content (and our use of Your Content in accordance with this Agreement) does not breach any applicable laws or regulations or the rights of any person, or this Agreement.
When you submit, upload or transmit any data, information, media or other content in the course of using the Services, you agree that:
(a) you are solely responsible for Your Content (and we recommend that you keep a backup copy of it at all times);
(b) you will continue to own and be responsible for Your Content;
(c) you are granting our affiliate companies and us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide, irrevocable license to use Your Content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing and trying to improve the Services. All such use will be in accordance with our Privacy Policy. This license includes granting us the right to use and copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
(d) you grant other users of the Services a non-exclusive and non-transferable license to access and use Your Content via the Services, in accordance with this Agreement;
(e) we may share Your Content with third parties that we work with in accordance with the Privacy Policy; and
(f) the name avatar that you used to submit Your Content may be shared with third parties.
Subject to termination and deletion of your account and this Agreement and applicable laws and regulations, you further perpetually and irrevocably grant TWODOOR GAMES SRL the unconditional right to:
(a) retain and continue to use Your Content after you stop using the Services;
(b) retain or disclose Your Content to comply with applicable laws or regulations; comply with a court order, subpoena or other legal processes; respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or we believe it is reasonably necessary to comply with applicable laws or regulations;
(c) retain or disclose Your Content to enforce this Agreement or to protect any rights, property or safety of ours, our affiliate companies or other users of the Services.
You understand that even if you wish to delete Your Content from the Services, it may not be possible to do this for some time or at all due to technical or other reasons.
To the extent permitted by law, you waive, and/or agree not to assert, any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.
TWODOOR GAMES SRL has no obligation to monitor or enforce your intellectual property rights in or to Your Content and we reserve the right to block or remove Your Content pursuant to the Agreement. As a result, we recommend that you save copies of any Your Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such Your Content. We assume no responsibility for the deletion or failure to store Your Content, and we expressly do not promise to store or keep Your Content. You are solely responsible for saving backup copies of Your Content.
Without limiting the foregoing, you warrant and agree that your use of the website, application, Services and any Your Content shall not:
(a) in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms, our Privacy Policy or our Content Guidelines;
(b) access without authority, interfere with, damage, or disrupt any part of the website, application, any equipment or network on which the website or application is stored, any software used in the provision of the website or application, or any equipment or network or software owned or used by any third party;
(c) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
(d) involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise nor ask for personal information.
(e) involve, provide or contribute any false, inaccurate or misleading information;
(f) include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Content and site content standards set out in these Terms.
(g) impersonate or attempt to impersonate TWODOOR GAMES SRL, our employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(h) transmit, or procure the sending of, any advertisements or promotions without our prior written consent, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
(i) Include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Fizzo or users of the application, website, or expose them to liability;
(j) include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
(k) promote any illegal activity, fraud, or advocate, promote, or assist any unlawful or fraudulent act;
(l) give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
- Contests and Sweepstakes
In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Promotion”) made available by TWODOOR GAMES SRL on our Services, or otherwise may have specific rules that are different from these Terms. By participating in a Promotion, you agree to and will become subject to those additional terms and conditions, which will be provided to you when a Promotion is offered. We urge you to review all rules before you participate in any Promotion. The rules of a specific Promotion will take priority over these Terms in the event of any conflict with respect to a given Promotion.
- Infringement of Rights
We take intellectual property rights very seriously and comply with all applicable provisions of the Digital Millennium Copyright Act (DMCA) of 1998 to internet service providers. We expeditiously terminate repeat infringers pursuant to a “three-strikes” policy.
- Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAWS AND REGULATIONS, THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TWODOOR GAMES SRL DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES OR GIVE ANY UNDERTAKING ABOUT THE SERVICES.
TWODOOR GAMES SRL makes no guarantee that your use of the Services, and all other features or functionalities associated with the Services will be available, uninterrupted, interference-free, or error-free, or be free from any viruses, worms, or other security intrusions. You understand and agree that you use the Services, and use, access, download, or otherwise obtain materials or content through our Services and any associated services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with our Services), or the loss of data that results from the use of the Service or the download or use of that material or content.
TWODOOR GAMES SRL does not guarantee the availability, delivery, performance, pricing, or punctuality of any content or other intellectual property appearing in our Services.
You understand and agree that TWODOOR GAMES SRL is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with any applicable laws and regulations.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE OR USER CONTENT WILL BE VIEWABLE TO YOU; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY TWODOOR GAMES SRL CONTENT OR USER CONTENT WILL BE ACCURATE OR RELIABLE; OR (D) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON OUR SERVICES. USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK AND YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHILE USING THE SERVICES.
- Indemnity
YOU AGREE THAT YOU INDEMNIFY US AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS (EACH AN “INDEMNIFIED PARTY“) FROM AND AGAINST ANY AND ALL CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, DIRECT AND INDIRECT LOSS, COST, EXPENSE (INCLUDING BUT NOT LIMITED TO LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (A) YOUR USE OF THE SERVICES; OR (B) YOUR BREACH OF THIS AGREEMENT.
You will assist and co-operate as fully as reasonably required by an Indemnified Party in the defense of any such claim or demands. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in these Terms survive indefinitely after the termination of these Terms.
- Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (A) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (B) USD100 (I.E. ONE HUNDRED US DOLLARS).
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
(a) IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, FOR ANY DAMAGES OR LOSSES CAUSED BY:
(i) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS;
(ii) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS;
(iii) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS;
(iv) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY;
(v) IMPROPER OR UNAUTHORIZED USE OF THE SERVICES;
(vi) YOUR USE OF THE SERVICES IN BREACH OF THIS AGREEMENT; OR
(vii) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
(viii) FAILURE TO SAVE OR BACK UP ANY DATA OR OTHER CONTENT;
(b) FOR ANY LOSS ARISING FROM ANY CONTENT, PROGRAMS OR SERVICES PROVIDED BY ANY PARTY OTHER THAN US;
(c) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES; AND/OR
(d) FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Therefore, nothing in this Agreement limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations: (a) any liability for fraud; (b) any liability for death or personal injury caused by our negligence; or (c) any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
THIS AGREEMENT GOVERN THE RELATIONSHIP BETWEEN YOU AND TWODOOR GAMES SRL. (AND, WHERE RELEVANT, ITS AFFILIATES). YOUR DEALINGS WITH ALL THIRD PARTIES (INCLUDING THOSE FOUND THROUGH THE SERVICES) ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN THE SERVICES.
- GOVERNING LAW AND DISPUTE RESOLUTION
You consent and agree that the Terms the substantive application and interpretation hereof, and all matters arising out of or in connection with this Terms (whether in contract, tort, or otherwise) and any dispute or claim arising out of, relating to, or in connection with these Terms shall be exclusively governed by and construed in accordance with the laws and regulations of the country Romania without reference or regard to any choice or conflict of law principles, provisions or rules thereof that would cause the application of the laws of any jurisdiction other than Romania.
You consent and agree that any dispute, claim, or controversy between you and TWODOOR GAMES SRL arising in connection with or relating in any way to these Terms or to your relationship with TWODOOR GAMES SRL (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) shall be referred to and finally resolved by arbitration administered by the Romanian judicial system in accordance with the law in force when the notice of arbitration is submitted, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration will be Romania. There will be one arbitrator only. The arbitration proceedings will be conducted in English. The arbitration award shall be final and binding upon you and us.
- About these Terms
Changes
As TWODOOR GAMES SRL and user experiences are constantly evolving, we may from time to time add, change or remove features from Services (“Updated Terms”), including in relation to whether a feature or Service is free of charge, to address a security threat or where there have been legal or regulatory changes that impact these Terms, and other business-related needs. We will not reduce your rights under any updates to the Terms without your explicit consent.
You agree that we may take any such actions at any time at our sole discretion. For changes to the Terms or to the Services that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance. Where we consider that any changes to any content or features accessible within Services are reasonably material, we will (where reasonably practicable) notify you via inbox message or by posting the changes on our website. Any changes to this Agreement will become effective immediately upon posting by us, unless we specify otherwise.
We may from time to time update or require you to apply an update to the application to ensure you are running the latest version and accessing the latest features. Every time you wish to use our Services, please check the Terms of Service to ensure you understand what terms apply at that time. It is your responsibility to check these Terms periodically for changes. AS YOU ARE NOT ALLOWED TO USE THE SERVICES IF YOU DO NOT AGREE TO FOLLOW THESE TERMS, IF YOU CONTINUE TO ACCESS OR USE THE SERVICES AFTER WE HAVE POSTED THE UPDATED TERMS, WE WILL CONSIDER THAT YOU HAVE ACCEPTED AND AGREED TO BE BOUND BY THE UPDATED TERMS. IF YOU DO NOT AGREE TO THE UPDATED TERMS, YOU MUST STOP ACCESSING OR USING THE SERVICES AND CLOSE YOUR ACCOUNT (IF APPLICABLE).
Privacy
TWODOOR GAMES SRL’s Privacy Policy applies to use of the Services, and its terms are made a part of these Terms by this reference. To view TWODOOR GAMES SRL’s Privacy Policy. Additionally, by using the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message, content or information you send to or exchange withthe Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
- Notice
Our communications related to the Services will be sent electronically. We will communicate with you by email or sending inbox messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Contact
If you have any questions about, or if you wish to send us any notices in relation to, these Terms, you may email us at the following email addresses: hello@twodoorgames.com