Last modified: 01 April 2020
The terms of this agreement (“Terms of Service”) govern the relationship between You and SpellbGames, a company under laws of Russia, with registered address at: Russia, Chuvash Republic, Novocheboksarsk, Builders str. 6, (“SpellbGames” or “SB” or “We” or “Us”), regarding Your use of SpellbGames and related services (“Service”), including all information, text, graphics, software, and services, available for Your use.
SpellbGames 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. SpellbGames 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 Spellbound Games is intended solely for the purpose of entertainment. No commercial use of our Games is allowed.
Subject to the terms of this Agreement, SB 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.
SB (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 Spellbound Games 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 Spellbound Games. 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 Spellbound Games is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
SpellbGames 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 SpellbGames, another user or any third party.
SpellbGames has no liability for hacking or loss of Your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
SpellbGames may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. SpellbGames may also revise the pricing for the goods and services offered through the Service at any time. SpellbGames shall have no liability to You or any third party in the event that SpellbGames exercises any such rights.
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 SB 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. SB is not responsible for and does not control the User Content. SB 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 SB will not be responsible for any liability incurred as the result of any such interactions.
You hereby irrevocably and unconditionally release and forever discharge SB (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. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.»
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 Spellbound Games 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.
YOU ACKNOWLEDGE THAT SB IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
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.
SPELLBOUND GAMES 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.
SPELLBOUND GAMES ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.
IN NO CASE SHALL SPELLBOUND GAMES 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 SPELLBOUND GAMES INFORMATION) REGARDLESS OF WHETHER SPELLBOUND GAMES 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.
8.1 IN NO EVENT SHALL SB (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 SB’S PRIVACY PRACTICES, ANY GAME, EVEN IF SB 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, SB LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR SB’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 SB IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL SB’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 SB (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.
SB reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify SB and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SB. SB will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
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 SB. SB 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 SB 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 SB any feedback or suggestions (“Feedback”), You hereby assign to SB all rights in the Feedback and agree that SB shall have the right to use such Feedback and related information in any manner it deems appropriate. SB will treat any Feedback You provide to SB as non-confidential and non-proprietary. You agree that You will not submit to SB any information or ideas that You consider to be confidential or proprietary.
You shall accept and abide by the following:
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.
13.1 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.
If we have reasonable ground to believe that You are in material breach of these Terms of Service, we may suspend Your access to our Game and/or terminate this User Agreement. Your breach of Section 1, 10 shall be considered a material breach.
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 SB 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, SB reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to SB 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. SB will not have any liability whatsoever to You for any termination of this Agreement, including deletion of Your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.2, 2, 3, 5, 6, 7, 8, 9, 10, 13, and 19.
Any notice provided to SB pursuant to this Agreement should be sent to [email protected]
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.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Your relationship to SB is that of an independent contractor, and neither party is an agent or partner of the other.
SpellbGames 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.
The laws of the Russia shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
The following additional terms and conditions apply to You if You are using a Game from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of the Application Store Terms of Service will control.
SB and You acknowledge that this Agreement is concluded between SB and You only, and not with Apple, and SB, not Apple, is solely responsible for Game and the content thereof.
21.2 Scope of License
The license granted to You for Game is limited to a non-transferable license to use Game on an iOS Product that You own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
21.3 Maintenance and Support
SB is solely responsible for providing any maintenance and support services with respect to Game, as specified in this Agreement (if any) or as required under applicable law. SB and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Game.
SB is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Game to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Game to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SB’s sole responsibility.
21.5 Product Claims
SB and you acknowledge that SB, not Apple, is responsible for addressing any claims of you or any third party relating to Game or your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit SB’s liability to you beyond what is permitted by applicable law.
21.6 Intellectual Property Rights
SB and you acknowledge that, in the event of any third-party claim that Game or your possession and use of Game infringes the third party’s intellectual property rights, SB, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
21.7 Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has 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.
21.8 Developer Name and Address
SB’s contact information for any end-user questions, complaints or claims with respect to Game:
SpellbGames, a company under laws of Russia, with registered address at: Russia, Chuvash Republic, Novocheboksarsk, Builders str.
Email: [email protected]
21.9 Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using a Game.
21.10 Third-Party Beneficiary
SB and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.