Terms of Service

Last updated: January 16th, 2018

TERMS OF SERVICE – Small Giant Games Oy

The following terms of service (the “Terms“) constitutes an agreement between you (“user“, “you“) and Small Giant Games Oy, having its address at Bulevardi 2-4, 00120 Helsinki, Finland, (business ID 2534733-4) (“Small Giant Games” “we,” “our” or “us“). These Terms govern your use of our games provided on a mobile platform (for example, iOS and Android), online discussion board related to the games, websites (including www.smallgiantgames.com) and other related services (collectively the “Service“).

Please read these Terms carefully before you start to use the Services. By using the Services (or installing any game or clicking to accept or agree to the Terms when this option is made available to you), you accept and agree to be legally bound by these Terms and our privacy policy, found here (“Privacy Policy“), which is hereby expressly incorporated herein by reference. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms.

No person under the age of 13 or who is a minor under his/her local legislation is eligible to use the Service. By accessing or otherwise using the Service, you represent and warrant that you are i) age 13 or older, ii) eligible to use the Service and iii) you understand and agree to these Terms. In the event that you are of the age of 13 or older but a minor in your country, you represent that your legal guardian has reviewed and agreed to these Terms.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

1. YOUR ACCESS TO THE SERVICE

Subject to your agreement and continuing compliance with these Terms and any other relevant Small Giant Games policies, Small Giant Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Service for your own private and non-commercial purposes. You agree not to use the Service for any other purpose.

Except as specifically allowed pursuant to these Terms, you are not entitled to use, copy, store, modify, transfer, distribute, sell, rent or otherwise make publicly available your account, the Service, a part thereof or the material contained therein in any way. Your use of the Service is subject to these Terms and any reasonable instructions provided by Small Giant Games from time to time.

You represent and warrant that the information you provide or provided in connection with registration to, and use of the Services (such as your contact information) is true and accurate. You must keep the password (including without limitation password and other means to access your account or user ID) required for the use of the Service secret and not disclose it to anyone else. You may not assign or transfer your user ID to a third party and you may not allow a third party use the Service with your user ID. If a third party has obtained your password or you have a reason to believe that a third party has obtained your password, you must immediately inform Small Giant Games. You are responsible for actions taken by using your user ID until you have informed us of the loss of the password and Small Giant Games has had a reasonable time to prevent the use of the Service with the user ID.

No devices or connections necessary for the use of the Service are provided subject to these Terms. For the sake of clarity, you are responsible for purchasing, maintaining and updating such devices and connections (including data security) and for any costs related thereto.

Your Account

You shall not share the account or login information (user ID), nor let anyone else access your account or do anything else that might jeopardise the security of your account. You are solely responsible for anything that happens through your account, including all uses of the login information and purchases made, whether or not authorised by you.

2. USER CONDUCT AND ENFORCEMENT RIGHTS

Small Giant Games reserves the right to terminate or restrict your access to the Service or a part thereof (including the online discussion board and in-game chat function) permanently or temporarily without prior notice if you violate these Terms or if you abuse the Service. Small Giant Games is entitled to prevent access to the Service if we have reason to believe that you are engaged in illegal activity or compromise other users’ or Small Giant Games’ data security or privacy or if Small Giant Games receives a notice that Your password has gotten into the hands of a third party. Furthermore, Small Giant Games may delete or amend your game progression that has been achieved in violation of these Terms or otherwise abusing the Service.

You agree that you are responsible for your own conduct and User Content (as defined below in Section 4) while using the Service, and for any consequences thereof. You agree that you will not:

  • use our Service to engage in illegal, abusive, harmful, offensive or otherwise toxic behavior, such as by repeatedly posting content on unsolicited basis or otherwise encumbering the Service, our customer service or other users;
  • use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
  • attack, induce a disruption on or try to gain unauthorized access to other users’ accounts or the servers used by the Service;
  • intentionally exploit any in-game bugs (for example, to gain advantage for yourself or harm other users or otherwise interfere with intended gameplay);
  • disrupt or otherwise adversely affect the normal flow of the Service or act in a manner that may negatively affect other users’ experience when using the Service;
  • pose as or claim to be another person, whether this person be another user, a Small Giant Games employee or a third party where possible through the use of any kind of virtual identity including, but not limited to, in-game nicknames or online discussion board avatars;
  • attempt to decompile, reverse engineer, disassemble or modify any part of our Service; and/or
  • use our Service in any other way not permitted by these Terms or in conflict with the spirit or intent of these Terms.
  • If you notice or suspect other users cheating or if you identify a bug or error in our Service, please report it to our support team as soon as possible via the following link: https://smallgiant.zendesk.com/hc/en-us/requests/new

    We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Items (as defined below) associated with that account and no refund will be offered to you in relation to the same.

    3. INTELLECTUAL PROPERTY AND OWNERSHIP RIGHTS

    All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions and audio-visual effects) are either owned or licensed by Small Giant Games. Small Giant Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

    Notwithstanding any provision to the contrary herein, you acknowledge and agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any of Small Giant Games’ games, whether earned in a game or purchased from Small Giant Games, the game account itself, or any other attributes associated with an account or stored on the Service.

    4. USER CONTENT

    “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Small Giant Games game client or the Service, or that other users upload or transmit, including without limitation any in-game chat text or online discussion board text, pictures or uploaded files. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission (a) is accurate and not confidential; (b) is not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) does not consist of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; (e) could not reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable; and (f) you acknowledge and agree that any of your personal information within such content will at all times be processed by us in accordance with our Privacy Policy. We have the right at any time to remove uploaded User Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute.

    We may monitor and use different technical measures to monitor your User Content (including your chat text) and your interactions with the Service. This is done to prevent cheating, reduce toxic player behavior and improve our Services. By using our Services and agreeing to these Terms, you hereby issue your explicit and irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation your chat text. Despite the above, you acknowledge that we have no obligation to actively monitor User Content that is contributed by people that use our Services and we make no undertaking to do so.

    You hereby grant to Small Giant Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.

    You understand that aside from the explicit principles and processes for promoting your privacy provided by our Privacy Policy in regard to your personal information, all User Content provided by you to us and by the way of the Service to other users, including without limitation any in-game chat text, might be publicly available information accessible by other users or third parties. Small Giant Games recommends that you always consider what kind of information to include in User Content published through the Service.

    5. FEES AND PURCHASE TERMS

    5.1. Purchases

    In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or “gems”, all for use in our games and (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.

    We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you. The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Small Giant Games, another user or any third party.

    Please note that when you purchase a licence to use Virtual Items from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.

    5.2. Payment of Fees

    You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Small Giant Games may revise the pricing for the goods and services offered through the Service at any time. All claims arising in connection with purchases shall be directly addressed towards the application platform operators (Apple in the case of iOS and Google in the case of Android), and you understand and agree that Small Giant Games shall not have any obligation and will not refund any purchases on its own.

    YOU ACKNOWLEDGE THAT SMALL GIANT GAMES 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 IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

    6. UPDATES TO THE SERVICE

    Small Giant Games may update its products and subsequently require that you accept updates to the Service and to Small Giant Games’ games you have installed on your devices. You acknowledge and agree that Small Giant Games may update the Service and games made by us, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play our games.

    7. LIMITATION OF LIABILITY

    THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. SMALL GIANT GAMES DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTIONS OR ERROR-FREE. FURTHER, SMALL GIANT GAMES SHALL NOT BE LIABLE FOR THE CONTENT IN THE SERVICE, INCLUDING WITHOUT LIMITATION THE DATA, OR ANY OTHER INFORMATION EXCHANGE MEDIA ON OR CONNECTED WITH THE SERVICE.

    Small Giant Games shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Service. Small Giant Games is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Small Giant Games disclaims any liability for direct or indirect damages caused to you by harmful programs (viruses, worms or the like) or incorrect content in the Service. Small Giant Games bears no liability for damages caused by You or by a third party.

    Small Giant Games’ maximum liability for direct damages caused to you or your property is at all times limited to the amount paid by you for the use of the Service or part of it during the twelve months immediately preceding the event that gave reasons for the claim. Small Giant Games is never liable for any indirect or unforeseeable damages caused to you at any given circumstances.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Small Giant Games 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 the liability of Small Giant Games shall be the minimum permitted under such applicable law.

    8. INDEMNIFICATION

    You agree to indemnify, defend and hold Small Giant Games and its officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (i) your use of the Service or Materials; (ii) Materials you submit, post to or transmit through the Service; (iii) any actual or alleged breach by you of these Terms; and/or (iv) your violation of any rights of another.

    9. MODIFICATION OF THESE TERMS

    Small Giant Games reserves the right, at any time, to modify, alter, or update the terms and conditions of these Terms without prior notice. Modifications shall become effective immediately upon being posted at the Service. You are bound by any such modifications and should therefore periodically visit this page to review the then current Terms to which you are bound. Your continued use of the Service or any webpage or feature available through Service after modifications are posted constitutes an acknowledgement and acceptance of these Terms and its modifications. If, at any time, you do not wish to accept these Terms, you may not use the Service.

    10. TERMINATION OF SERVICE

    Small Giant Games reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Small Giant Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

    You may terminate your account at any time and for any reason by contacting us at https://smallgiant.zendesk.com/ informing us that you wish to terminate your account.

    11. JURISDICTION, CHOICE OF LAW AND FORUM

    If a dispute arises between you and Small Giant Games, we strongly encourage you to first contact us directly to seek a resolution by contacting us at https://smallgiant.zendesk.com/ .

    All disputes between you and Small Giant Games shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Small Giant Games must be resolved exclusively by a court located in Helsinki, Finland.

    12. GENERAL PROVISIONS

    12.1. Additional Terms for App Store Apps

    If you downloaded the Service from the Apple Store, you agree to use the Service only on any iOS devices that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

    If you downloaded the Service from any app store or distribution platform, including Apple App Store, Google Play or Amazon Appstore, (” Platform“), you acknowledge and agree that: (i) these Terms are concluded between you and Small Giant Games and not with the Platform. Small Giant Games is solely responsible for the Services; (ii) the Platform has no obligation to provide maintenance or support services regarding the Service; (iii) in the event of any failure of the Services to conform to any applicable warranty, you may notify the Platform, and the Platform will refund the purchase price for the Service to you (if applicable) and, to the maximum extent permitted by applicable law, the Platform will have no other warranty obligation whatsoever regarding the Services. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Services to conform to any warranty will be the sole responsibility of Small Giant Games; (iv) the Platform is not responsible for addressing any claims you or any third party may have relating to the Service or your possession or use of the Service, including product liability claims; claims that the Service fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation; (v) the Platform and their subsidiaries are third-party beneficiaries of these Terms as related to your license of the Service, and that, upon your acceptance of these Terms, the Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Service against you as a third-party beneficiary thereof; and (vi) you agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Service nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Service, you represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties.

    12.2. Copyright Infringement

    Small Giant Games respects the intellectual property rights of others and expects the players and the users the Service to do the same. If you believe that your copyrighted work has been copied or used in a manner that constitutes copyright infringement, you may notify Small Giant Games’ copyright agent as set forth below.

    To file a copyright infringement notice, you will need to send a written communication that includes the following: (i) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

    Please send your copyright infringement notice to the attention of Small Giant Games’ copyright agent as follows: Small Giant Games Oy, Attn: Legal / Copyright Agent, Bulevardi 2-4, 00120 Helsinki, Finland or via https://smallgiant.zendesk.com/ .

    12.3. Assignment

    Small Giant Games may assign or delegate these Terms and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Small Giant Games’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.

    12.4. Supplemental Policies

    Small Giant Games may publish additional policies related to specific services. Your right to use such services is subject to those specific policies and these Terms.

    12.5. Entire Agreement

    These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including Privacy Policy), set out the entire agreement between you and Small Giant Games concerning its Services and they replace all earlier agreements and understandings between you and Small Giant Games.

    12.6. No Waiver

    The failure of Small Giant Games to exercise or enforce any of its rights under these terms does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by Small Giant Games.

    12.7. Notices

    Small Giant Games may give notices to users of the Service, at its option, by posting a message on the Service, by email or conventional mail or by any other means by which users may obtain actual knowledge thereof. Notices by users to Small Giant Games must be given via the support tool or conventional mail. Notices to Small Giant Games via the support tool must be sent from https://smallgiant.zendesk.com/ . Notices to Small Giant Games by conventional mail should be sent to: Small Giant Games Oy, at Bulevardi 2-4, 00120 Helsinki, Finland. Notices by a user to Small Giant Games will not change these Terms unless the change is expressly accepted in writing by an authorized officer of Small Giant Games.