Terms of Use and End-user License Agreement

(hereinafter the «Terms»)

These Terms govern the relationship between you and Social Quantum Limited and its affiliates (hereinafter «Social Quantum» or «Us» or «We») regarding use of Social Quantum (i) games, including mobile game applications, that are available via application stores, Social networks and other platforms (the «Games»); (ii) websites, forums and support systems (collectively (i) and (ii) are referred to as the «Service(s)»). 

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY (socialquantum.com/policy/en). IF YOU DO NOT AGREE TO THESE TERMS OR PRIVACY POLICY, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES.

Please note that We can make changes to these Terms from time to time. You should check this page regularly to take notice of any updates. Your continued use of the Service shall confirm your acceptance of the updated Terms. If you do not agree to the updated version of the Terms, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

Our Services are not intended for persons under the age stated by the laws of your country of residence/stay for the acquisition of our Services.  You must be an adult of the legal age of majority in your country of residence to access and/or use our Services. No one under aforementioned age may use our Services without consent of parents or persons in loco parentis. If you are under the minimum age of your country of residence/stay, you represent that your parents or persons in loco parentis have reviewed and agreed to these Terms. 

1. License

Grant of license. Subject to your agreement and compliance with these Terms and other Social Quantum policies, Social Quantum grants you a limited, non-exclusive , non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial entertainment purposes. You shall have the right to (i) use the Games perpetually on a free-to-play basis (please note that additional items and services may be provided for fee) and (ii) to copy/back up the Game solely for the purposes indicated above. 

License restrictions. You may not:

• use it commercially or for a promotional purpose;
• modify, translate, create derivative works, decompile, disassemble, reverse engineer, or otherwise access or attempt to access the source code of the Games and other Services;
• reproduce, distribute, rent, lease, duplicate, copy, sell, resell, publicly perform or display, publish or otherwise exploit the Services, in whole or in part, unless specified in these Terms or expressly permitted by Social Quantum in writing;
• interfere with or circumvent any feature of the Services, including without limitation any security, or access control mechanism, or use automated scripts, tools, bots or other means for the purpose of altering the game play or eliminating, reducing, or otherwise circumventing fees that would otherwise be payable, or attempt to do any of the foregoing;
• engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, hacking the Services, or infringing the intellectual property or other proprietary rights of Social Quantum or third-parties.

Use of the Services in violation of these Terms is strictly prohibited, can result in the immediate revocation of your license and may subject you to liability for violations of law.

2. Accessing the Services

Login Information. In order to use the Services you may be required to create a Social Quantum account («Account»). To create an Account, you will be required to provide necessary information and select a password. You agree that you will provide all information truthfully and accurately and keep information up to date. You agree that you shall take all steps necessary to protect your Account information. You are solely responsible for maintaining the confidentiality of Account information and for any activities that occur under your Account. In the event you become aware of or reasonably suspect breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Account information, you must immediately notify Social Quantum and modify your Account information. You are legally and financially responsible for all actions using or accessing our Services, including the actions of anyone you allow to access your Account. 

Termination of the Account and/or access to the Services. You may terminate your Account at any time and for any reason.

Without limiting other remedies, We reserve the right to limit, terminate or suspend your Account or your access to Services in a whole or in part at any time without notice and for any reason including without limitations (i) if your Account has been inactive for 180 days; or (ii) if you are, or We suspect that you are, fail to comply with these Terms or violate applicable laws and regulations in your jurisdiction.

You understand and agree, that if you terminate your Account, or if We terminate your Account or access to the Services in accordance with these Terms, you will no longer be able to access the Services or portion thereof, Account and related data (including without limitation, the level or score you have reached in the Game and any Virtual Items associated with your Account) and Social Quantum is under no obligation to compensate you for such losses.

Social Quantum reserves the right to stop offering and/or supporting the Service (including without limitations particular Game or part of the Game) at any time. In this case, your license to use the Service or a part thereof will be automatically terminated. In such an event, Social Quantum is under no obligation to provide compensation to users in connection with such discontinued Services.

Updates to the Services. Social Quantum may update, change or discontinue all or any part of the Services at any time without notice in its sole discretion. Social Quantum may require that you accept updates to the Services in order to continue use of the Services. The equipment, software, and internet connectivity required to use the Services may change over time as the Services evolve. You may be required to update third party software from time to time in order to access the Services.

3. In-Game Purchases and Virtual Items

The Service may include an opportunity for you to purchase (i) virtual currency, including but not limited to virtual cash or diamonds; (ii) virtual in-game goods or items (together with the virtual currency — «Virtual Items»). Virtual Items are provided to you under a non-exclusive, limited, personal, non-transferable, non-sublicensable, revocable license for use solely within the Service. Other than as expressly authorized in the Game, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.

Social Quantum determines at its sole discretion methods of obtaining Virtual Items. Social Quantum may manage, regulate, control, revise the pricing, modify or eliminate Virtual Items at any time without liability to you.

Social Quantum may forfeit Virtual Items without liability to you if (i) your Account or access to the Services are terminated or suspended for any reason; (ii) you breach these Terms; or (iii) Social Quantum discontinues availability of the Service.

You agree that all sales of Virtual Items are final. Social Quantum has no liability for hacking or loss of your Virtual Items. You acknowledge that Social Quantum 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 an Account or your use of Services are terminated, whether such termination was voluntary or involuntary.

Please note that Social Quantum does not handle and is not responsible for handling transactions acquiring Virtual Items. All Virtual Items transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Items, you are bound by and agree to the third-party payment providers’ Terms of Use.

4. Forums, User Content and Conduct

Forums and User Content. The Services may include opportunities to chat or participate in online forums and other functions that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world («Forums») communications, images, sounds, links, writings, feedback or other material and data («User Content»).

The Forums shall be used only in a noncommercial manner. All User Content posted by you to any Forum shall be your sole responsibility. Social Quantum assumes no responsibility for the conduct of any user submitting User Content. Social Quantum has the right, but not the responsibility, in its sole discretion to monitor, edit or remove User Content without notice for any reason. Social Quantum reserves the right to restrict or disable your use of the Forums. By entering into these Terms you hereby provide your consent to such monitoring. 

We do not, and cannot, pre-screen or monitor all User Content. You bear all risks associated with the use of User Content.  By using our Services you understand that you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. Social Quantum makes no representations or warranties regarding the Forums and User Content. You may report User Content you consider offensive or indecent by contacting us at https://social-quantum.helpshift.com.

If You have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

License to User Content. By submitting User Content you:

• warrant that you have all necessary rights to submit the User Content without any restrictions of any kind;
• hereby grant to Social Quantum an irrevocable, perpetual, transferable, a fully-paid , royalty-free , worldwide right and license to use, copy, reproduce, modify, adapt, create derivative works from, sublicense, distribute, sell, transfer, lease, publicly display, publicly perform and use in any other way your User Content as well as modified and derivative works thereof in all media known or late developed;
• hereby grant to Social Quantum the right to authorize others to exercise any of the rights granted to Social Quantum under these Terms.

By submitting User Content that incorporates Social Quantum content, e.g., works incorporating graphics from Games, you hereby grant to Social Quantum an exclusive, irrevocable, perpetual, transferable, a fully-paid, royalty-free, worldwide right and license to use, copy, reproduce, modify, adapt, create derivative works from, sublicense, distribute, sell, transfer, lease, publicly display, publicly perform and use in any other way such User Content as well as modified and derivative works thereof in all media known or late developed.

Except as prohibited by law, you waive rights of attribution and/or moral rights you may have in your User Content.

User Conduct. You agree that you will not, under any circumstances:

• Post User Content, any material, file or information or use language deemed to be offensive at Social Quantum’s sole discretion that (a) infringes copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other intellectual property rights of third parties; (b)  is abusive, threatening, obscene, harassing, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; (c) would constitute or encourage a criminal offense; (d) contains viruses, worms, spyware, corrupted data or similar software that may damage, or otherwise interfere with the Services; (e) includes personal information about another person without that person’s consent, including personally identifiable information (whether in text, image or video form), identification documents, or financial information; or (f) contain solicitation, promotion or advertising for goods or services;
• Engage in or facilitate the transmission of unsolicited mass mailings, or «spamming»;
• Improperly use Social Quantum’s support services, including without limitation submission of false reports of abuse or misconduct by any party;
• Promote, encourage, or take part in any activity involving hacking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit virtual currency/items;
• Use any game hacking/altering/cheating software or tools.

5. Ownership

Services. All rights, title and interest in and to the Services (including without limitation Games, titles, source code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, character profile information, recordings of games and server software) are owned by Social Quantum. Social Quantum reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services and all content herein.

Accounts. You acknowledge and agree that you shall have no ownership or other proprietary interest in the Account, and you further acknowledge and agree that all rights in and to the Account are owned by Social Quantum. Social Quantum does not recognize the purchase, sell, transfer or trade any Account, or offer to do so, and any such attempt shall be null and void.

Services' content and Virtual Items. Social Quantum owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. You agree that you have no right or title in or to any content that appears in the Services including without limitations Virtual Items. You do not own the Virtual Items that you purchase or the content that you acquire in the Game or other Services; you instead have a license to use the Virtual Items

6. Disclaimer of Warranties.

THE SERVICES ARE PROVIDED ON AN «AS IS» ,«AS AVAILABLE» AND «WITH ALL FAULTS» BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT , AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SOCIAL QUANTUM DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR  FREE OF BUGS, ERRORS OR MALWARE (SUCH AS VIRUSES) ; THAT DEFECTS WILL BE CORRECTED.

Social Quantum Services may include third-party software and/or content including advertising. We may provide links in our Games or on the Services to other third-party companies’ websites or resources. References to third-party services, software and content are given by Social Quantum «AS IS», without warranty of any kind, either express or implied. Please also note that we do not control linked third-party websites or resources and they may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. You assume all risks and liabilities associated with the use of any such third-party websites or resources. We use reasonable efforts to monitor third-party advertising. You may report advertising you consider inappropriate or deceptive by contacting us at https://social-quantum.helpshift.com.

7. Limitation of Liability

SOCIAL QUANTUM SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT OR TORT, AND WHETHER OR NOT SOCIAL QUANTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOCIAL QUANTUM SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO SOCIAL QUANTUM IN ACCORDANCE WITH THESE TERMS AND USE OF SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO SOCIAL QUANTUM DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND SOCIAL QUANTUM’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH SOCIAL QUANTUM IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT SOCIAL QUANTUM MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF SOCIAL QUANTUM’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

YOU FURTHER ACKNOWLEDGE THAT SOCIAL QUANTUM IS NOT LIABLE, AND YOU AGREE NOT TO HOLD SOCIAL QUANTUM LIABLE, FOR THE CONDUCT OF THIRD-PARTIES , INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

8. Indemnification

You agree to hold harmless, indemnify and defend Social Quantum, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any claim, demand, fines, damages or other losses (including attorneys’ fees) asserted by third parties resulting from or arising out of your use of the Services, any breach by you of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, Social Quantum reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9. Dispute Resolution and Law

If any dispute or claim arise in connection with these Terms, Social Quantum Privacy Policy or other Social Quantum policies or your use of the Services you shall firstly contact us directly to seek a resolution by helpdesk.socialquantum.com. Any dispute arising out of or related to these Terms, Social Quantum Privacy Policy or other Social Quantum policies shall be governed in all respects by the laws of the Republic of Cyprus and shall be referred to the determination of arbitration courts located in Nicosia. 

10. General Provisions

Severability. In the event that any provision of these Terms is found illegal or unenforceable by any court of competent jurisdiction, such provision shall be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and the remaining provisions of the Terms shall remain valid and in full force and effect.

No Assignment. You may not assign these Terms and the licenses granted to you herein without Social Quantum express written consent. Any unauthorized assignment and delegation by you is ineffective. Social Quantum may assign or delegate these Terms and other Social Quantum policies, in whole or in part, to any person or entity at any time without your consent.

Entire Agreement. These Terms together with Social Quantum Privacy Policy and other Social Quantum policies if any contain the entire understanding between you and Social Quantum, and supersede all prior understandings relating to the subject matter hereof.

No Waiver. The failure of Social Quantum to require or enforce strict performance by you of any provision of these Terms, Social Quantum Privacy Policy and other Social Quantum policies or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Social Quantum’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Social Quantum of any provision, condition, or requirement of these Terms, Social Quantum Privacy Policy and other Social Quantum policies shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. We may notify you via postings on socialquantum.com, or via e-mail or any other means of communications you provide to us. All notices given by you or required from you under these Terms, Social Quantum Privacy Policy and other Social Quantum policies shall be addressed to helpdesk.socialquantum.com. Any notices that you provide without compliance with this Section shall have no legal effect.

Force Majeure. Social Quantum shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Social Quantum, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Social Quantum’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 

Only the English version of these Terms has legal effect and force. Translation to any other language is provided for the convenience of users.