Effective date: April 13, 2021
Privacy Policy explains who we are, how we process it (i.e., collect, record, organize, structure, store, adapt or modify, extract, consult, use, disclose by transfer, distribute) or otherwise provide, align or combine , restrict, erase or destroy) personal information about you and how you can exercise your privacy rights.
We are CHILLGAMING LTD, a company in accordance with the laws of the Republic of Cyprus, with a registered address at Elenis Loizidou 14, Office 201C, 2042 Strovolos, Nicosia, Cyprus (“CHILLGAMING” or “we”), a developer and publisher of games and mobile gaming applications that are available through application stores, including Amazon, the Apple App Store and the Google Play Store.
This Privacy Policy applies to personal information that we collect through our games, mobile applications and other products (“Games”) (collectively “Services”). Using our Services, you agree to abide by this Privacy Policy and agree to our processing of information as indicated in it. If you have any questions or doubts about this Privacy Policy, including those related to the exercise of any of your rights, please contact us through the help and support of the game. Email: [email protected]
(a) Information that you provide voluntarily
Certain parts of our Services may ask you to provide personal information voluntarily. For example, we will ask for certain information in order for you to submit enquiries to us, such as:
your name, email address or other details, necessary to process your inquiries;
any information you submit to our support team via email.
(b) Information that we collect automatically
When you use our Services, we may also collect certain information automatically from you and/or your device which may be considered personal information under applicable data protection laws, such as:
Data and analytics about your use of our Services (e.g. in-game play progress, levels, games played, session length, preferred settings, which in-game adverts you may have viewed, in-game references or just game preferences, the means by which you were referred to our Services)
Your IP address and device identifiers such as your Advertising ID
Your device type and the operating system that you use
Your Service communications (e.g. in-game emotion signals which you exchange with other players)
Broad geographic location (e.g. country or city-level location) based on your IP address
Advertising ID means Apple Identifier for Advertisers (“IDFA”) on Apple and Google Advertising Identity (“GAID”). These are unique identifiers for mobile device that advertisers use for personalized advertising. They are consistent across all mobile applications and thus allow cross-app tracking. On Apple, you can opt out of it by choosing “limit ad tracking” option in your privacy settings. On Google Android, you can opt out of these ads by choosing “Opt-out of personalized ads”. Advertising IDs are non-permanent, non-personal identifiers, which are uniquely associated with your device.
Device identifier / information means device type, device model, device maker, device operating system and its language or other technical data like screen size or processor, or combination of this data available from a device for a developer for checking the device compatibility with a particular application.
Some of this information may be collected through cookies as explained further under the heading Cookies below.
(c) Information we obtain from third-party sources
Third-Party Social Network/s. Google Play Games Service, Apple Game Center, Facebook (“Third-Party Social Network/s”). You may choose to connect to our Services via your social media account. Exactly what information we receive from your social media will depend on your social media privacy settings, but it would typically include your basic public profile information such as your username, gender, your friends playing the same Game. (See below also “Third-Party Social Networks”).
Third party service providers. We may receive personal information about you from third-party sources. We may get your personal information for example when you installed our Game and prior to installing you have clicked an advertisement for the same Game.
Advertising partners. From time to time, we may also receive personal information about you from other third-party sources. For example, if you clicked on an advertisement to direct you to one of our Services (such as an advert of one of our Games in other publisher’s game), we will be provided with information from which ad network and advertising campaign the install originated from (See below also “Advertising”). A list of our current service providers and partners is available here.
(d) No special categories of information
We do not request or intend to collect any “special categories of information” such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Kindly be cautious when sharing this information about yourself (or others) in our forums.
2. HOW WE USE YOUR INFORMATION
2.1. In General
We use the information we collect about you/your device to deliver services and our Games to you and to operate our business. We use it also for improving our services and Games, for enhancing security and for analytics and research purposes to make sure we provide you with the best experience. In addition, we use your information to promote our services and Games in our Games and also in other publisher’s apps and to display third-party advertisements to you. We use your information also for tracking and fraud prevention for advertising purposes and for complying with our legal obligations.
We use your information for the following purposes:
Delivering and improving our services. We use your information for developing, delivering and improving our Games and other products, services, and content, tailoring our products and services, providing Game updates, technical troubleshooting, understanding and analyzing trends in connection with usage of the Games, and administering the Games.
Displaying advertisements. We use your information for showing advertisements for our Games in other publisher’s apps and for displaying third-party advertisements in our Games. Please see more in Advertising Section of this Privacy Policy.
Cross-promotion. We use your information for cross-promoting our Games and services, meaning to promote one of our Games while you are playing a different Game of ours.
Tracking and fraud prevention for advertising purposes. We use your information for tracking how our advertising campaigns perform and for identifying and preventing fraud for our advertising campaigns.
Analytics and research. We use your information for understanding and analyzing trends in connection with the usage of the Games, gathering demographic information about our user base, data about where the Game was downloaded from. We may also create reports and analysis for the purposes of research or business intelligence, for example to track potential problems or trends with our Games and services, or to test our new game features and content.
Security. We use your information for enhancing the safety and security of our Games, products and services.
Customer Support. We use your information for providing customer support to you and to respond to your inquiries.
Our legal obligations. We use your information when we are required to do so by law, for example, we use your country or region for tax reporting purposes.
2.2. In-App Purchases
Our Games enable in-app purchases. We do not process payments for in-app purchases nor have access to your credit card information.
Payment transactions for in-app purchases are completed through the app store via your App Store account, Google Play account or Amazon.com account. Any post-purchase processes are controlled by the Apple, Google and Amazom.com stores and are subject to specific terms of such Apple, Google and Amazon.com stores. Please review privacy policy and terms of service of your Apple, Google and Amazon.com stores.
3.HOW WE SHARE YOUR INFORMATION
We cannot provide all services necessary for the successful operation of the Games by ourselves. We must, therefore, share collected information with third parties for the purposes of developing and delivering our services, displaying advertisements, conducting analysis and research and for measuring our and our Partners’ advertising campaign performance. We also reserve the right to disclose your information (including personally identifiable information) when we are legally required to do so, to disclose your information in an anonymous and aggregated manner, meaning you could not be personally identified from it.
We may share such information to:
Our analytics providers. We use third-party analytics such as TapJoy, Unity, Firebase for the purposes of delivering our services, conducting analysis, and research. The device data we share with such providers are encoded. The providers may assign a random ID to these data and they are not able to match it back to You. We can aggregate the data for benchmarking feature.
Our cloud service providers. We store information we collect from you on servers provided by our third-party cloud service providers such as iCloud, Google Cloud Platform;
Our tracking and fraud prevention providers. For some of our Games we use tracking and fraud prevention providers, such as AppsFlyer, Tenjin for the purposes of measuring performance and optimizing our advertising campaigns, displaying advertisements, conducting analysis to improve our services and for fraud prevention purposes. Such providers may use APIs, and SDKs in our Games to enable them to collect and analyze user and device-related data and information, such as impressions, clicks, installs or other advertising campaign performance indicators and post-install in-app events.
Third-party advertising partners. We have contracted with certain third-party advertising networks that assist us in delivering advertising to you that allows us to continue offering the Games for free or at low cost.
Advertising partner’s third-party tracking provider. We allow our advertising partners to track impressions, clicks, installs or other advertising campaign performance indicators through their tracking providers for the purposes of measuring their advertising campaign performance. They may use their own third-party tracking providers.
Other third-party service providers. For our Games, we use Unity Software to develop such Games. For the data processing by Unity please see Unity’s privacy policy available at https://unity3d.com/legal/privacy-policy. For some Games, we partner with third-party development studios to develop such Games. Such third-party development studios do not have access to your personal information, they can only access aggregated data that they cannot trace back to you.
We may contract with additional Partners or change existing Partners in the future to perform any services in connection with the Games. These changes shall be updated from time to time or promptly in case of material changes in our data processing practices.
The list of our current service providers and partners is available here.
We reserve the right to disclose your information (including personally identifiable information) in response to law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, the disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or to protect our operations, users or user experience. Additionally, in the event of a reorganization, merger or sale we may transfer any and all information (including personally identifiable information) we collect to the relevant third party.
For any additional questions about third-party information collection, please refer to [email protected]
4.ADVERTISING
4.1. In General
We use advertising to fund our Services and to make our games available for free. We offer our Games for free or at low cost and in order to do that we need to share information we collect from you with our third-party advertising partners. As a safeguard to protect your privacy, we only store personal information temporarily. The information collected helps us to improve our websites and Games and – at the same time – keep our Games free for a wide player base.
4.2. In-game advertising (i.e. when you view ads in Our Games)
To enable us to show in-game ads, we may send your advertising ID and IP-address to advertisers (or ad networks) to enable them to find appropriate ads to serve to you in our games and on third-party properties. You can control and limit our use of your advertising ID in your device settings. We do not control which specific ads are shown in our games (it is controlled by ad networks), but we do blacklist certain categories of ads.
Advertising IDs are used by the ad networks for a number of purposes (please refer to the Privacy Notices of our advertising partners listed here) including:
limit the number of times you see the same ad;
ensure they are dealing with humans with real devices and not ‘automated’ bots;
serve you with advertisements likely to be relevant to you based on your advertising ID engagement with other brands and ads, also recorded using your advertising ID and using your general geographic area. Other brands buy advertisement placement via an ad network or ad exchange to advertise their products in Our Games. The ad network or ad exchange acts as intermediary between the other game companies and Us. In order for an ad network to charge the company buying the ad, clicks from the ad and potentially installs of other developers’ applications party apps are tracked. Views, clicks, and installs from ads are measured using Advertiser ID;
keep track what games you have used to market you similar kind of games. IP-address is typically used by advertisers to broadly see the general geographic area you are coming from for example country, state, and sometimes at city level).
We also advertise Games in other apps by asking ad networks to serve them to audiences that will be interested in them (determined using Advertising IDs).
The Advertising IDs are used by the ad networks for a number of purposes (please refer to the Privacy Notices of our advertising partners listed here) including:
measuring ad effectiveness (looking at aggregated views, clicks and installs they generate through their advertising in other publishers’ games);
informing players, that have not been playing for a while, about new content in the Game. We give a list of these users in the form of Advertising IDs to an ad network. Ad network then shows these users ads about the new content;
not showing ads on a game which a player is already playing. We can send a list of active players in the form of Advertising IDs to an ad network. Ad network then excludes these players from seeing the ad;
marketing games to a group of potential players.
Besides specific instruments available to EEA-based users via the Game you can use your device settings.
iOS
Open the “Settings” application of iOS and select the “Privacy” menu item and then the “Advertising” sub-item. If you activate the “Limit ad tracking” option, we can only take limited measures such as identifying unique users or combating fraud. In the same menu you can always delete the IDFA (“Reset Ad-ID”), then a new ID is created which is not merged with the data collected earlier.
Android
Open the “Settings” application and select the “Google” menu item. Depending on your device, this option may not be visible on the main menu but you may use the search function at the top of the Settings menu to find it. From there, select the “Ads” sub-item and activate the option “Opt out of Ads Personalisation” to prevent the creation of profiles and the display of personalized advertising. You can delete the advertising ID in the same menu at any time (“Reset advertising ID”), then a new ID will be created which will not be merged with the previously collected data.
Some of our Games use third-party services such as Google Play Games Service, Apple Game Center, Facebook (“Third Party Social Network/s”). Such Games enable you to log in to your Third-Party Social Network account to connect our App by using the “Log in” feature in our App. You may also share the content you create within the App on Third-Party Social Networks. Please note, Third Party Social Networks are governed by their own privacy policies, terms and end-user agreements and we are not responsible for and have no control over, the sharing practices or policies of the third parties that operate those sites.
The information you allow us to access varies by App and is affected by the privacy settings you establish on those Third-Party Social Networks. You can control and find out more about these settings from the Third-Party Social Network in question. When you use the “Log in” feature, we may access and store some or all of the following information, as allowed by you, Third-Party Social Networks and your preferences: (i) your basic information from your public profile, such as your nickname, profile picture; (ii) login ID and/or player identifier string; (iii) list of your friends; (iv) any other information which is detailed and displayed to you in the notice which appears during the “Log in with” process. We may share your name and your game data (such as moves, Game progress and scores) with respect to the applicable App, with your friends who have also used the “Log in with” or “Connect to” feature in connection with such App or with your contacts in applicable Third-Party Social Media Network account.
The App may further ask you to allow us to post on such Third-Party Social Networks on your behalf (e.g. status updates). Please keep in mind that we will only do that if specifically allowed by you and we will store ID and your full name for the purposes of user identification. Other information will be merely stored within the App on your device so that the App will be able to communicate with Third Party Social Network directly.
If you use Third-Party Social Networks to participate in game-related activities, such as leaderboards and multiplayer games, you share your information with other players and Third-Party Social Networks (for example, scores, rankings, and achievements).
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some options of our Service.
Our Service does not address anyone under the age of 16 (“Children”). When we collect personal information, we do not know the age of our players. We do not knowingly collect personally identifiable information from children under 16. If you are a parent or guardian and you are aware that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 16 without verification of parental consent, we will take steps to remove that information from our servers.
If you are EEA-based user you have certain rights in connection with your personal information and how we handle it. Some of these rights may be subject to some exceptions or limitations. You can exercise these rights at any time by following the instructions below or sending us relevant requests to mail: [email protected]
Your rights include:
Right to withdraw your consent in accordance with Art. 7 para. 3 GDPR (e.g. you may withdraw your consent to show personalized ads to you, by loading Terms &Privacy from your Game settings and following instructions in section Personalized Ads Consent Withdrawal in Privacy Policy (available to EEA-based users only))
Right to access your data in accordance with Art. 15 GDPR (e.g. you may check what data we store about you, for this purpose please load Terms & Privacy from your Game settings and follow instructions in section Request a Summary of Personal Data in Privacy Policy (available to EEA-based users only))
Right to correct your data in accordance with Art. 16 GDPR (e.g. you can contact us if your email address has been changed and we should replace your old email address)
Right to have your data deleted in accordance with Art. 17 GDPR (e.g. you can contact us if you want us to delete certain data that we have stored about you, please load Terms &Privacy from your Game settings and follow instructions in section request Personal Data to be removed in Privacy Policy (available to EEA-based users only))
Right to restrict processing of your personal information in accordance with Art. 18 GDPR (e.g. you can contact us if you want to restrict processing)
Right to take your data with you in accordance with Art. 20 GDPR (e.g. you can contact us to receive your data if you want to upload it to another service)
Right to object how your data is handled in accordance with Art. 21 GDPR (e.g. you can contact us if you do not agree with any user analytics procedures as described within this privacy policy)
Right to send complaints to the supervisory authority in accordance with Art. 77 para. 1 f GDPR (e.g. you can contact the data protection supervisory authority directly).
Your information privacy and security is important to us and we always pay special attention to ensure that we process your information lawfully in accordance with one of the legal bases set out under EEA data protection laws that apply to EEA users. We have appointed data protection officer to help us ensure compliance with EEA data protection laws. We store your information for as long as needed to provide you with our services. We may store information longer, but only in a way that it cannot be tracked back to you. We operate globally and we share your information with our Partners (see the List of our current Partners here) as for the purposes described above in “How We Share Your Information” Section, which may include a transfer of your personal information outside of the European Economic Area (the “EEA”). Please check regularly for changes to our Privacy Policy.
In each case where we process your information, we do so lawfully in accordance with one of the legal bases set out under EEA data protection law.
The legal bases that we rely upon are the following:
Contractual Necessity. This covers information that is processed by us in order to provide you with service that you have requested – and that we have agreed – to provide to you, that is to deliver and improve our services, to provide customer support, to deliver special features in our Games (such as in-app chat feature, multiplayer feature, leaderboards and other third-party social network features), to deliver content of the in-app purchase you make.
Legitimate Interests. This covers information that is processed by us for the purposes that can be reasonably expected within the context of your use of our services to pursue our legitimate interests in order to ensure you have the best experience when playing our apps, to make sure your information is secure and to provide to you our Games free of charge or at a low cost. We pay special attention to your data protection rights making sure that your data protection rights are not overridden by our legitimate interests. We rely on our legitimate interests for data processing for analytics, tracking and fraud prevention, push-notifications, cross-promotion, and contextual advertising purposes.
Consent. Where we ask for your consent to use your data for a particular purpose, we will make this clear at the point of collection and we will also make clear how you can withdraw your consent. We will ask for you consent before sharing any information with our advertising partners for the purposes of personalized advertising and before conducting any surveys.
Legal Obligation. This covers information that is processed by us to comply with a legal obligation, for instance, is to maintain records for tax purposes.
California laws provide residents of California specific rights such as:
The right to access personal information we collect or share for business purposes. That concerns personal information in respect of the preceding 12 month period, including categories of information we have disclosed for business purposes in compliance with Privacy Policy and applicable laws.
The right of deletion or “the right to be forgotten”. This means, we will delete your personal information.
The right to non-discrimination. That means, you have the right to equal service and price even in case you invoked privacy rights.
If you are a resident of California we can provide access to your personal information or delete the same at your specific request twice every 12 month without a charge. Please note, in order to avoid unauthorized disclosures we shall proceed only in case of verifiable consumer request. It will be completed in 45 days, but in case of necessity we can extend this period by an additional 45 days. We shall notify you immediately in that case.
You may send us an email at: [email protected]
We have implemented appropriate technical and organizational measures to protect the confidentiality, security and integrity of the collected information, and to prevent unauthorized access and the use of information contrary to this Privacy Policy. Although we use commercially reasonable efforts to assure that your information remains secure when maintained by us, please be aware that no security measures are perfect or impenetrable.
Your personal information may be transferred to and processed in countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country.
This means that when we collect your personal information, we may process it in other countries. However, we ensure appropriate safeguards are in place so that your personal information will remain protected in accordance with this Privacy Policy. These include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between us and third party service providers and partners, which require us to protect personal information they process from the EEA in accordance with European Union data protection law. It also includes transferring personal information to third party service providers and partners which are certified under the EU-US Privacy Shield.
We store your information for as long as needed to provide you with our services. We may store information longer, but only in a way that it cannot be tracked back to you. We delete the information as soon as we do not need it for the purposes as described in this Privacy Policy and in any event no later than five (5) years after your interaction with all of our Games has ceased.
When required by law, we will retain your information for as long as we are legally obligated to do so. If you request us to delete your data we will delete your data as described above in “Your Rights” Section.
We will occasionally update this Privacy Policy as necessary to protect our users, furnish current information, and respond to legal and technical changes. The most current version of the Privacy Policy will govern our use of your information and will be available at https://chillgaming.net
For previous versions of this Privacy Policy, please contact us via 16
If you have questions or concerns about this Privacy Policy, please contact us through one of the following ways:
for privacy questions and exercising your rights via our privacy email: [email protected]
Our data protection officer: Artem Kolchikov
If you have a concern or compliance regarding our treatment of your personal data you can contact the relevant data protection authority. You can find contact details of data protection authority at https://edpb.europa.eu/about-edpb/board/members_en.
For more information on which authority to contact, please email us here: [email protected]
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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”).
Use of Service is also governed by CHILLGAMING’S Privacy Policy which is herein incorporated by reference. This Agreement and our Privacy Policy are available for download on website https://chillgaming.net/. You must agree to these Terms of Service and the Privacy policy before accessing and using the Service.
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.
By using this Service offered on it, downloading any software, as well as by downloading any of CHILLGAMING’s Games from app stores, You accept the following Terms of Service. If You do not agree to the Agreement and/or Privacy Policy, You may not use or otherwise access Service.
1. End-User License Agreement
1.1 License
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.
2. Ownership
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.
All Virtual Currency and Virtual Items transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency and Virtual Items, You are bound by and agree to the third-party payment providers’ Terms of 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
CHILLGAMING may permit certain third-party applications (like leaderboards, game networks) to provide content through the Game («Third Party Services»). The Game 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, CHILLGAMING will share information with the Third-Party Service as described in the CHILLGAMING Privacy Policy. CHILLGAMING is not responsible for and does not control Third-Party Services. CHILLGAMING provides these Third-Party Services only as a convenience to You. CHILLGAMING 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 Service.
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.
5.4 Release
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.
5.5. Links to third parties
We also use the following third party trademarks on our website, service, Game:
- Apple, the Apple logo, iPhone and iPad, which are trademarks of Apple Inc. registered in the United States and other countries and regions. App Store is a service mark of Apple Inc.
- Google Play and the Google Play logo are trademarks of Google LLC.
and also:
Envato Pty Ltd Licenses list: LICENSE CERTIFICATE
6. Refunds
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.
Please note that if You request Your personal data to be erased as specified in CHILLGAMING Privacy Policy, You will permanently and without a right to a refund lose all Your Virtual Items and Virtual Currency as CHILLGAMING can no longer associate such Virtual Items and Virtual Currency with You.
6.2 Subscriptions
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.
7.1 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:
12. Modifications of this Agreement
CHILLGAMING is entitled at any time to amend or supplement these Terms and any related provisions (e.g. CHILLGAMING’s Privacy Policy). CHILLGAMING shall publish any amendments to these Terms on its website (https://chillgaming.net/) and may also use other means of notification (e.g. in-game, newsletter, pop-up). 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 web-page from time to time to ensure You are aware of any changes.
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.
14. Notice
Any notice provided to CHILLGAMING pursuant to this Agreement should be sent to [email protected]chillgaming.net
15. 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.
16. Entire Agreement
This Agreement is the final, complete and exclusive agreement between You and CHILLGAMING with respect to the subject matters hereof (including all Games) 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 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.
18. Assignment
CHILLGAMING may assign or delegate these Terms of Service and/or the CHILLGAMING’s Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent. The terms of this Agreement shall be binding upon assignees. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without CHILLGAMING’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void.
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.
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