The terms of this agreement (the "Terms of Service") govern the relationship between You and CHILLGAMING, a company in accordance with the laws of the Republic of Cyprus, with a registered address: Elenis Loizidou 14, Office 201C, 2042 Strovolos, Nicosia, Cyprus (“CHILLGAMING” or “We” or “Us”), regarding your use of the games and related services ("Service") of CHILLGAMING, including all information, text, graphics, software and services available for your use.
CHILLGAMING is a developer and publisher of games and mobile game applications that are made available via App stores including the Apple Application Store and Google Play Store (our “Games”).
You represent that You are 16 years or older. If You are Younger than 18 years, You can only download our Games and play them on Your device, if Your parent(s) or legal guardian have/has reviewed this Agreement and allowed You to download and play our Game subject to these Agreement. CHILLGAMING may require adequate proof of Your identity and age and consent from a parent or guardian at any time.
You represent that You are accessing our Games as a private person. Service offered by CHILLGAMING is intended solely for the purpose of entertainment. No commercial use of our Games is allowed.
1. End-User License Agreement
Subject to the terms of this Agreement, CHILLGAMING grants You a non-exclusive, non-transferable, non-sublicensable, revocable limited right and license subject to the limitations below to access and use Service for Your personal non-commercial entertainment purpose.
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 Service; (b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) You shall not access Service in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of Service 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 Service. Any future release, update, or other addition to functionality of Service (including in-app purchases in Games (Virtual items and Virtual Currency, 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 Game content must be retained on any copies.
Service provided to You is licensed to You and not sold.
CHILLGAMING (and its licensors, where applicable) own all rights, title and interest, including without limitations any Games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by CHILLGAMING and/or received or made available while playing the Games or developed during the course of the Games, and all related intellectual property rights, in and to Service.
Copyright, trademarks, and all other proprietary rights shown in Service (including, but not limited to, software, services, text, graphics, and logos) are reserved to CHILLGAMING. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the website, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of CHILLGAMING is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
4. In-Game Currencies and Goods
CHILLGAMING’s Games include virtual in-game currency («Virtual Currency»), such as coins, cash, and/or diamonds, that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items»).
Virtual Currency and Virtual Items are not sold but licensed to You, You are granted a limited, personal, non-transferable, non-sublicensable and revocable license for non-commercial use.
In no way can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. The transfer of Virtual Currency or Virtual Items is prohibited except where expressly authorized in Service. Other than as expressly authorized in Service, You shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Items to any person or entity, including but not limited to CHILLGAMING, another user or any third party.
CHILLGAMING has no liability for hacking or loss of Your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
CHILLGAMING may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. CHILLGAMING may also revise the pricing for the goods and services offered through the Service at any time. CHILLGAMING shall have no liability to You or any third party in the event that CHILLGAMING exercises any such rights.
5. Third Parties
5.1 Application Stores
You acknowledge and agree that the availability of the Game is dependent on the third party from which You received Game, e.g., the Apple iPhone or Android stores («Application Store»). You acknowledge that this Agreement is between You and CHILLGAMING and not with the Application Store. The Application Store is not responsible for the Game, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).
In the event of any failure of the Game to conform to any applicable warranty, You may notify Application Store, and Application Store will refund the purchase price for the Game to You in accordance with the Refund Policy accepted by the Application Store in question; and that, to the maximum extent permitted by applicable law, Application Store will have no other warranty obligation whatsoever with respect to the Game.
You agree to pay all fees charged by the Application Store in connection with Game (if any). You agree to comply with, and Your license to use Game is conditioned upon Your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using a Game. 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
5.3 Other Users
A Game may contain User Content provided by other users of the Game. CHILLGAMING is not responsible for and does not control the User Content. CHILLGAMING 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 CHILLGAMING will not be responsible for any liability incurred as the result of any such interactions.
You hereby irrevocably and unconditionally release and forever discharge CHILLGAMING(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 Games users, or Third Party Advertisers.
6.1 General provisions
All purchases and redemptions of Virtual Items and Virtual Currency made through Service are final and non-refundable. You acknowledge and expressly consent that the provision of Virtual Items and Virtual Currency for use in Service is a process that commences immediately upon purchase and You forfeit Your right of withdrawal once the performance has started.
You agree that CHILLGAMING is not required to provide a refund for Virtual Items and Virtual Currency for any reason, and that You will not receive money or other compensation for unused Virtual Items and Virtual Currency, whether You lost license under this Agreement voluntary or involuntary.
However, You may address to Google Play Store or Apple App Store to receive a refund in accordance with their refund policies.
Some parts of the Service are billed on a subscription basis («Subscription(s)»). Subscription provides access to dynamic content or services in the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game («Subscription Period»). Payment will be taken from Your iTunes or Google Play account («Account») when You confirm the Subscription by available confirmation tools of the Game.
Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Game. If You do not cancel the Subscription within such period, Subscription Fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-day trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. CHILLGAMING cannot cancel Your free-trial subscription if it has already been activated.
Subscription is automatically renewable, unless You turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.
Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel Your current Subscription if it has already been activated.
Except when required by law, paid Subscription Fees are non-refundable.
CHILLGAMING in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period.
You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.
7. Warranties and Disclaimers
7.1 ALL INFORMATION, SOFTWARE, AND SERVICE OFFERED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
CHILLGAMING DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE OF SERVICE AT THE TIMES AND LOCATIONS OF YOUR CHOOSING; THAT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OT THAT THE GAMES OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CHILLGAMING ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.
IN NO CASE SHALL CHILLGAMING BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CHILLGAMING INFORMATION) REGARDLESS OF WHETHER CHILLGAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICE OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7.3 You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that have 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; and (iii) You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation.
8. Limitation on Liability
8.1 IN NO EVENT SHALL CHILLGAMING (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 CHILLGAMING’S PRIVACY PRACTICES, ANY GAME, EVEN IF CHILLGAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME 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, CHILLGAMING’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR CHILLGAMING’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 CHILLGAMING IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL CHILLGAMING’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
8.2 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.
You agree to defend, indemnify and hold harmless CHILLGAMING (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 Game, (ii) Your User Content, or (iii) Your violation of this Agreement.
CHILLGAMING reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify CHILLGAMING and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CHILLGAMING. CHILLGAMING will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
10. User Content
10.1 “User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any Game. You are solely responsible for Your User Content. You assume all risks associated with the 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 User Conduct provisions under section 10 hereof. You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by CHILLGAMING. CHILLGAMING 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.
10.2 We reserve the right (but have no obligation) to review any User Content in our sole discretion. At any time for any reason in our sole discretion with or without notice to You we may edit, refuse to post, or remove any User Content posted in the Games or in any Games-related sources that is deemed objectionable or violates these Terms or the spirit of these Terms at our sole discretion and determination. If You encounter something You find objectionable and in violation of these Terms, You can bring it to our attention by contacting us. You understand and agree that we are not responsible or liable for any Content generated by users of the Games. This implies that users, not us, are entirely responsible for the completeness, accuracy, and/or usefulness of all the User Content they upload, communicate, transmit, and/or otherwise make available via our Games and Service.
10.3 By uploading, distributing, or otherwise using Your User Content with any Game, You automatically grant, and You represent and warrant that You have the right to grant to CHILLGAMING an irrevocable, non-exclusive, 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 in any Game and Service.
10.4 If You provide CHILLGAMING any feedback or suggestions (“Feedback”), You hereby assign to CHILLGAMING all rights in the Feedback and agree that CHILLGAMING shall have the right to use such Feedback and related information in any manner it deems appropriate. CHILLGAMING will treat any Feedback You provide to CHILLGAMING as non-confidential and non-proprietary. You agree that You will not submit to CHILLGAMING any information or ideas that You consider to be confidential or proprietary.
11. User Conduct
You shall accept and abide by the following:
- You agree not to use any Game 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, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, 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.
- You agree not to use any Game 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, post and/or make available to the public any other user’s personal information in the Games and/or any game-related services 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 Games (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Game or servers or networks connected to Games (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any Game.
- You acknowledge and agree that CHILLGAMING may use built-in tracking features to obtain information regarding Your use of the Games in order to improve the services we provide, and agree that such information is deemed to be User Content for all intents and purposes under these Terms.
- You shall not (a) improperly use CHILLGAMING support services, including without limitation submission of false reports of abuse or misconduct by any party; (b) disable, interfere with, or circumvent any security feature of the Games or any feature that restricts or enforces limitations on the use of or access to the Games or User Content; (c) participate in any activities and/or perform any actions that, in CHILLGAMING’s sole opinion, lead to, result in, or may result in an authorized user of the Games being defrauded of Virtual Currency or Virtual Items that user has earned through authorized gameplay and/or purchased in the Games; (d) sell CHILLGAMING’s Games or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for real currency or items and/or services of monetary value; (e) engage in cheating or any other fraudulent activity deemed by CHILLGAMING to be in conflict with the spirit of the Games; (f) use or take part in the use of any unauthorized third-party software designed to modify or interfere with Service and/or any CHILLGAMING’s Games; (g) share Your password or any credentials You may use to access Your account with anyone; (h) purchase, sell, rent, or give away Your account, or otherwise make available Your account to any third party; (i) create an Account using a false identity or information, or on behalf of someone other than Yourself.
12. Modifications of this Agreement
The user is entitled to object to any amendment within four weeks. The terms and conditions are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the game again after receiving notification of the amended terms and conditions.
If it so wishes, the user may otherwise terminate the Agreement.
13. Term and Termination
13.1 This Agreement runs for an indefinite term.
13.2 Either Party may terminate this Agreement at any time by giving 14 days notice (written or electronic communication, e.g. via e-mail, required). However, You may also terminate the User Agreement with immediate effect by deleting the Game from Your device or removing the Game from Your Facebook apps.
13.3 Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
13.4 Upon expiry, You will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted. Only if CHILLGAMING continues to operate the Game, You may again download the Game or access the Game on Facebook whereby a new User Agreement will start to run. However, any game-related data cannot be restored.
13.5 We may (a) suspend Your rights to use any Game, and/or any related service 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 User Conduct or any other provision of this Agreement. Without limiting the foregoing, CHILLGAMING reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to CHILLGAMING by the copyright owner or the copyright owner’s legal agent.
13.6 Upon termination of this Agreement, Your right to use the Game will automatically terminate immediately without right to refund to You for Virtual Currency or Virtual Items acquired, developed during, or purchased in the Games. You understand that any termination may involve deletion of Your User Content associated therewith from our live databases. CHILLGAMING will not have any liability whatsoever to You for any termination of this Agreement, including deletion of Your User Content.
Any notice provided to CHILLGAMING pursuant to this Agreement should be sent to [email protected]chillgaming.net
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.
16. Entire Agreement
19. Supplemental Policies
CHILLGAMING may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
20. Applicable Law
The laws of the Republic of Cyprus shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.