Terms of Service - Smore Games

Effective date: July 22, 2023

1. Introduction

This agreement (“Agreement”) is between you (“the User”) and Smore Games, LLC (“the Company”). The terms and conditions stated herein constitute a legal agreement between you and the Company. Your access to and use of the services provided by the Company signify that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement.
The services provided (“Services”) include all mobile games developed by the Company and available for download via the iOS App Store, Google Play Store, Amazon App Store, and any other platforms we might extend our Services to, including our website at smoregames.com.
You must read and understand these Terms of Service (“Terms”) before using our Services. By accessing or using our Services, you confirm that you can understand and will comply with these Terms.
If you are between 13 and 18 years of age, you agree that your legal guardian has read these Terms and agree that you are bound by the Terms.
For this Agreement, the term “Content” refers to game software, graphics, text, information, pictures, audio, video, and all other forms of data or communication. “User Content” means any Content that users submit or transmit through our Services.

2. Agreement to Terms and User Responsibilities

By using the Services, you acknowledge and agree to these Terms and accept all legal consequences. If you do not agree to these terms, you must not use our Services.
Users are responsible for all activities occurring under their accounts and must abide by all applicable local and international laws, treaties, and regulations in connection with the use of our Services, including those related to data privacy, international communications, and the exportation of technical or personal data.
Prohibited actions include, but are not limited to unauthorized access to or use of our Services, interference with our Services or any other user’s enjoyment of the Services, or attempts to defraud the Company or other users.
Failure to abide by these Rules and Guidelines may result in penalties, including but not limited to, temporary or permanent ban from our Services, removal of User Content, or legal action if necessary.
Users are encouraged to report any violations of these Terms by other users or any suspicious activity through smoregames.com/contact.
All Content, excluding User Content, is owned by Smore Games, LLC, and is protected by copyright, trademark, and other laws. The User has no rights in or to such Content, and will not use such Content except as permitted under these Terms.

3. Changes to Terms or Services

The Company reserves the right to modify or replace these Terms at any time, at its sole discretion. The most current version of these Terms will be posted on our website.
Users will be notified of significant changes to the Terms or Services via an in-app notification or an email. Users’ continued use of our Services after changes signifies acceptance of the revised terms.
It is the User’s responsibility to review these Terms periodically. If at any point you do not agree to any portion of the current version of our Terms, your remedy is to stop using our Services.
The Company reserves the right to update, change, or discontinue any aspect of our Services at any time.
Services may be terminated or suspended at any time by the Company without notice or liability, including without limitation, if you breach any of the terms or conditions of this Agreement.

4. Limited License and Use of Services

The Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to use our Services for personal, non-commercial use only, subject to the terms and conditions of this Agreement.
Our Services are not intended for use by individuals under the age of 13. By accessing or using our Services, you represent and warrant that you are at least 13 years of age.
Upon registration, users agree to provide accurate, current, and complete information about themselves as prompted by our registration form. Users also agree to promptly update their account information to keep it accurate, current, and complete.

5. Intellectual Property Rights

Smore Games, LLC (hereafter referred to as “the Company”) retains complete ownership of all Services and content offered within the Company’s mobile games and the smoregames.com website. This includes but is not limited to, software, text, images, graphics, video, audio, and the overall aesthetic and user experience.
The Company’s Services and content are protected under local and international intellectual property laws, which include copyright laws, trademarks, patents, trade secrets, and other proprietary rights.
Users are granted a limited, non-transferable, non-exclusive license to access and use the Services for personal, non-commercial use. Any modification, copying, distribution, display, performance, reproduction, or unauthorized use of the Services or its content is strictly prohibited.
Violations of the Company’s intellectual property rights may result in legal action, up to and including the termination of a user’s account, civil penalties, or criminal prosecution, where applicable.

6. Privacy Policy

The Company’s Privacy Policy, which is incorporated into these Terms of Service by reference, provides information regarding how the Company collects, uses, and safeguards user data.
By using the Company’s Services, users acknowledge that they understand the Privacy Policy and consent to the collection and use of their data as outlined in the policy.
If a user has any concerns regarding their privacy or the handling of their data, they are advised not to use the Company’s Services until those concerns are resolved to their satisfaction.

7. User Content and Monitoring Use of Services

Users retain ownership of any content they create within the Company’s Services (“User Content”), but grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform User Content in connection with the Company’s Services.
The Company may use User Content for any purpose, including promotional and marketing purposes.
Users are solely responsible for the User Content they post and for the consequences of posting such content. Users agree not to post content that violates the rights of any third party or is unlawful, harmful, or offensive.
The Company reserves the right to monitor, review, edit, or remove User Content at its sole discretion, without prior notice, but has no obligation to do so.
Users are solely responsible for their interactions with other users. The Company is not responsible for the conduct of any users.

8. Code of Conduct and Enforcement Rights

Users agree to abide by the Company’s Code of Conduct, which prohibits abusive, offensive, illegal, or otherwise inappropriate behavior.
Prohibited actions include harassment, threats, impersonation, fraud, spreading malware, spamming, infringing on intellectual property rights, and any other behavior the Company deems inappropriate.
The Company reserves the right to enforce these terms at its sole discretion. Violations may result in temporary or permanent suspension of access to the Services, deletion of User Content, or other actions as deemed necessary by the Company.

9. Payment Terms and Virtual Items

The Company may offer virtual goods or services for purchase (“Virtual Items”) within its Services. The purchase of Virtual Items is subject to the terms and conditions presented at the point of purchase.
Virtual Items are licensed to the user on a limited, personal, non-transferable, non-sublicensable, and revocable basis and are intended solely for non-commercial use.
If you “earn” or “buy” Virtual Items in our Services, you’re not the legal owner. These items, including any “virtual currency,” don’t represent real-world money or hold any value outside the game. They’re merely indicative of the scope of your limited license. We may change or remove Virtual Items as we see fit, with or without notice.
Users are strictly prohibited from buying, selling, renting, or trading Virtual Items outside of the Services, or creating or offering methods to do so.
The Company does not provide refunds for purchased Virtual Items, including in instances where the user’s account is closed, either voluntarily or as a result of a violation of these Terms of Service.

10. Subscriptions

By subscribing to any of Smore Games, LLC’s subscription services (“Subscription Services”), you agree to the applicable terms and conditions. These Subscription Services provide you with access to exclusive content, services, or other benefits in return for a recurring fee. Your subscription continues until canceled in accordance with the cancellation policy.
When you purchase a subscription, you agree that we (or our third-party payment processor) are authorized to charge you a recurring subscription fee, any applicable tax, and any other charges you may incur in connection with your use of the Subscription Services. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter unless and until you cancel your subscription. We automatically bill your payment method each period on the calendar day corresponding to the commencement of your subscription.
We may offer trial subscriptions for our Subscription Services. If you register for a trial subscription, we will begin to bill your account when the trial subscription expires, unless you cancel your subscription before that time. You are responsible for any subscriptions that start after a trial period.
The specific subscription fee will depend on the Subscription Service and the subscription plan you select. You may cancel your subscription at any time by following the instructions for your platform. For iOS subscriptions, please see Apple’s support page. For Google Play subscriptions, please see Google Play’s support page. For Amazon subscriptions, please see Amazon’s support page.
Subscription fees are non-refundable except as expressly set forth in these Terms or where required by law.
We may modify the rewards or perks of our subscriptions at our sole discretion.

11. Third-Party Websites, Content, and Advertising

The Services may contain advertisements from Smore Games, LLC and third parties. The inclusion of advertisements on the Services does not imply endorsement of the advertised products or services. Smore Games, LLC is not responsible for the content or accuracy of any advertisements.
Our Services may contain links to third-party websites or resources. We provide these links only for your convenience and are not responsible for the content, products, or services available from third-party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
Smore Games, LLC does not control, endorse or adopt any third-party content and expressly disclaims any liability arising from your use of third-party content. It’s your responsibility to review, evaluate and bear all risks associated with the use of any third-party content.
Third-party websites and resources have their own terms of use and privacy policies which you will be subject to upon leaving our site or resources. We recommend that you review the privacy policies and terms of these third-party sites upon access.

12. Termination and Indemnity

Smore Games, LLC reserves the right to terminate or suspend your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if we believe you have violated these Terms.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
You agree to indemnify and hold harmless Smore Games, LLC, its officers, directors, employees, suppliers, and affiliates from and against any losses, damages, fines, and expenses arising out of or relating to any claims that you have violated any terms of this Agreement.

13. Warranty Disclaimers and Limitation of Liability

The Services are provided on an “as is” and “as available” basis. Smore Games, LLC does not guarantee that the Services will be uninterrupted, error-free, or completely secure.
To the fullest extent permitted by law, Smore Games, LLC disclaims all warranties, statutory, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
To the maximum extent permitted by applicable law, Smore Games, LLC, its directors, employees, partners, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses.
Nothing in these terms will limit or exclude Smore Games, LLC’s liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation.

14. Dispute Resolution and Legal Terms

Any disputes or claims relating to these Terms of Service, the breach thereof, or the relationship between you and Smore Games, LLC, including but not limited to the use of any Smore Games, LLC’s services (collectively, “Disputes”) will first try to be resolved amicably. If a resolution cannot be found, either party may initiate legal proceedings.
You acknowledge and agree that additional terms and restrictions may apply to your use of our services, including those set by app stores, mobile software platforms, online gaming platforms, payment processors, and other third-party services or platforms.
In the event of any dispute, you may contact us through our website at smoregames.com/contact. Please include sufficient detail about your complaint so that we can adequately address your concerns.
For non-US Users, you may consider using an Online Dispute Resolution (“ODR”) platform which can be found at www.ec.europa.eu/consumers/odr. This is a service designed to facilitate dialogue between parties in an effort to find an amicable resolution before engaging in litigation.

15. Miscellaneous Terms

Some people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns. Such people may experience a seizure while watching certain screen images or playing certain video games. If you, or anyone in your family, has an epileptic condition, consult your physician prior to playing.
These Terms of Service, along with any additional terms or policies referenced herein, constitute the entire agreement between you and Smore Games, LLC, and supersede any prior agreements or understandings between you and Smore Games, LLC.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms at any time without restriction.
All communications and notices to be made or given pursuant to these Terms of Service should be in the English language. We may provide any notice to you under these Terms by sending a message to the email address you have registered with us or through in-app notifications or other means available to us.
Any failure by Smore Games, LLC to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing.

16. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Utah and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.