Terms of Service
This
Terms of Service ("Terms") is a legally binding agreement
that governs your use of the games and applications offered by
Succinct Applications (Pvt) Ltd (referred here-in as "Succinct
Apps") and accessed through third party web sites (collectively,
the "Service"). By using or accessing the Service, you
agree to be bound by these Terms.
1) Access to Succinct
Apps
a) Subject to your acceptance of these Terms,
Succinct Applications grants to you a non-exclusive,
non-transferable, revocable limited license to use and display the
Service and related software (excluding source and object code) for
your personal (or household) non-commercial use by any machine(s) of
which you are the primary user. You agree not to use the Service for
any other purpose, or to copy or distribute the content of the
Service except as specifically allowed in this agreement.
b)
Succinct Apps Reserves the right to change these Terms in any way and
at any time. However, no amendment to these Terms shall apply to a
dispute of which Succinct Apps had actual notice on the date of
amendment.
c) We will notify you of any modifications
to these Terms with one or both of the following methods:
we will post any modifications on www.succinctapps.com or within the Service, and/or
we will send you a message informing you of the modified terms and linking you to the posting at www.succinctapps.com.
You agree that you will,
periodically check www.succinctapps.com for updates to these Terms, and
you will read the messages we send you to inform you of any changes.
You
agree that you will be considered to have been given notice of any
modifications once we post them to www.succinctapps.com and that your
continued use of the Service after such notice shall be deemed an
acceptance of any changes.
d) Succinct Apps reserves
the right discontinue the Service or to change the content of the
Service in any way and at any time, with or without notice to you,
without liability.
e) You agree to be bound by any
application, forum, or game specific rules published within the
Service.
f) Your use of the Service is conditioned upon
your compliance with these Terms and any use of the Service in
violation of these Terms will be regarded as an infringement of
Succinct Application's copyrights in and to the Service. Succinct
Apps reserves the right to terminate your access to the service
without notice if you violate these Terms.
g) You
represent that you are 13 years old or older. Additionally, if you
are between the ages of 13 and 18, you represent that your legal
guardian has reviewed and agrees to the Terms.
h) If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Succinct Privacy Policy, or any other Succinct policy, rules or codes of conduct relating to your use of the all Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
2)
Ownership of Intellectual Property
a) Unless
otherwise specified in writing such as a disclaimer on the Service
page, all materials that are part of the Service are owned,
controlled, or licensed by Succinct Apps and are protected by law
from unauthorized use.
b) You do not acquire any
ownership rights by using the Service, downloading material from or
uploading material to the Service, or by purchasing any virtual
goods.
c) You agree not to copy, redistribute, publish
or otherwise exploit material from the Service, except as expressly
permitted herein, without the express prior written permission of
Succinct Applications.
d) All comments, feedback,
suggestions, ideas, and other submissions ("Ideas")
disclosed, submitted, or offered to Succinct Applications in
connection with the use of the Service shall be the exclusive
property of Succinct Applications. You agree that unless otherwise
prohibited by law Succinct Applications may use, sell, exploit and
disclose the Ideas in any manner, without restriction and without
compensation to you.
3) In-Game Currencies/Goods
a)
The Service may include a virtual, in-game currency ("Virtual
Currency") including, but not limited to coins, cash, or points,
that may be purchased from Succinct Applications for "real
world" money if you are a legal adult in your country of
residence. The Service may also include virtual, in-game digital
items ("Virtual Goods") that may be purchased from Succinct
Applications for "real world" money or for Virtual
Currency. Regardless of the terminology used, Virtual Currency and
Virtual Goods may never be redeemed for "real world" money,
goods or other items of monetary value from Succinct Applications or
any other party.
b) Other than a limited, personal,
revocable, non-transferable, non-sublicenseable license to use the
Virtual Goods or Virtual Currency in the Service, you have no right
or title in or to any such Virtual Goods or Virtual Currency
appearing or originating in the Succinct Applications, or any other
attributes associated with use of the Service or stored within the
Service.
c) Succinct Applications has the absolute
right to manage, regulate, control, modify and/or eliminate such
Virtual Currency and/or Virtual Goods as it sees fit in its sole
discretion, and Succinct Applications shall have no liability to you
or anyone for the exercise of such rights.
d) Transfers
of Virtual Currencies and Virtual Goods are strictly prohibited
except where explicitly authorized within the Service. Outside of the
game, you may not buy or sell any Virtual Currency or Virtual Goods
for "real world" money or otherwise exchange items for
value. Any attempt to do so is in violation of these Terms and may
result in a lifetime ban from Succinct Applications Service and
possible legal action.
e) You agree that all sales of
Virtual Goods and Currencies are final. No refunds will be given,
except in our sole and absolute discretion. All Virtual Goods and
Currencies are forfeited if your account is terminated or suspended
for any reason, in Succinct Applications sole and absolute
discretion, or if Succinct Applications discontinues providing the
Service.
4) User Content
a) The Service
may invite you to chat or participate in blogs, message boards,
online forums and other functionality and may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute or broadcast content and materials to Succinct
Applications and/or to or via the Service, including, without
limitation, text, writings, photographs, graphics, comments,
suggestions or personally identifiable information or other material
(collectively "User Content"). Any material you transmit to
Succinct Applications will be treated as non-confidential and
non-proprietary.
b) You agree that your User Content is
wholly original to you and you exclusively own the rights to your
User Content, including the right to grant all of the rights and
licenses in these Terms without Succinct Applications incurring any
third party obligations or liability arising out of its exercise of
the rights thereto granted herein by you.
c) You grant
to Succinct Applications the unrestricted, unconditional, unlimited,
worldwide, irrevocable, perpetual fully-paid and royalty-free right
and license to host, use, copy, distribute, reproduce, disclose,
sell, resell, sublicense, display, perform, transmit, publish,
broadcast, modify, make derivative works from, retitle, reformat,
translate, archive, store, cache or otherwise exploit in any manner
whatsoever, all or any portion of your User Content to which you have
contributed, for any purpose whatsoever, in any and all formats; on
or through any and all media, software, formula or medium now known
or hereafter known; and with any technology or devices now known or
hereafter developed and to advertise, market and promote same.
d)
Succinct Applications has no obligation to monitor or enforce any
intellectual property rights that may be associated with your User
Content, but Succinct Applications does have the right to enforce
such rights through any means it sees fit, including bringing and
controlling actions on your behalf.
e) Succinct
Applications has no obligation to accept, display, review, monitor,
or maintain any User Content. We have the right to delete User
Content from the Service without notice for any reason at any time.
Succinct Applications may move, re-format, edit, alter, distort,
remove or refuse to exploit User Content without notice to you and
without liability; provided, however, that Succinct Applications
reserves the right to treat User Content as content stored at the
direction of users for which Succinct Applications will not exercise
editorial control except to enforce the rights of third parties and
the Content Restrictions set forth below when violations are brought
to Succinct Application's attention.
f) You acknowledge
that you do not rely on Succinct Applications to monitor or edit the
Service and that the Service may contain content which you find
offensive and you hereby waive any objections you might have with
respect to viewing such content.
5) Posting on Other Web
Sites
a) You are granted a limited revocable
license to post an image of your personal avatar and/or screen shot
from your account, within the Service and any other materials that
Succinct Applications specifically gives you notice may be posted on
other web sites, on your own personal web site or on a third party
web site that permits posting of content at the direction of users
provided that such third party web site (i) is not commercially
competitive to Succinct Applications, (ii) does not criticize or
injure Succinct Applications, (iii) does not obtain any rights to
such content other than a non-exclusive license to post it at your
direction, and (iv) does not charge for access to such content or
associated products, services or advertising with such content, so
long as the web site where the link resides, and all other locations
to which such site links, comply with all applicable laws and do not
in any way abuse, defame, stalk, threaten or violate the rights of
privacy, publicity, intellectual property or other legal rights of
others or, in any way, post, publish, distribute, disseminate or
facilitate any inappropriate, infringing, defamatory, profane,
indecent, obscene, illegal/unlawful or otherwise objectionable
information, topic, name or other material (an "Authorized Web
Site"). All of Succinct Applications rights and remedies are
expressly reserved, and Succinct Applications may revoke this limited
license, in whole or in part, upon notice.
b)
Conditions on Posting on Other Web Sites: Without limitation, the
following terms and conditions apply to your posting of a copy of
your avatar and/or screen shots on an Authorized Web Site:
i)You
must a display a prominent link to the Service's homepage in
connection with any of your use of Collaborative Content permitted
hereunder, including, without limitation, in e-mails you are sending
friends; and
ii) You agree to include, and not remove or
alter, Succinct Application's trademark, copyright or other
proprietary rights notices, as provided by Succinct Applications on
the Service and within e-mail page(s), when displaying an avatar or
images from a Succinct Applications game, and you agree to comply
with usage guidelines that may be provided by Succinct Applications
from time to time. You agree that all goodwill that arises in
connection with your use of Succinct Application's trademarks inures
exclusively to Succinct Applications, and you agree not to challenge
Succinct Application's ownership or control of any Succinct
Applications trademarks, nor use or adopt any trademarks that might
be confusingly similar to such Succinct Applications trademarks.
6)
Usage Rules
a) As a condition of your use of and access to
the Service, you agree to comply with these Usage Rules, which are
provided as an example rather than as a limitation, and any
application or game specific rules published within the Service.
b)
You agree that your use of and conduct on the Service shall be lawful
and your User Content will not:
i) include any offensive
comments that are connected to race, national origin, gender, sexual
preference or physical handicap;
ii) include profanity or any
obscene, indecent, pornographic, sexual or otherwise objectionable
content or language;
iii) defame, libel, ridicule, mock,
disparage, threaten, harass, intimidate or abuse anyone;
iv)
promote violence or describe how to perform a violent act
v)
violate the contractual, personal, intellectual property or other
rights of any party, or promote or constitute illegal activity;
or
vi) be in violation of these Terms or the game rules of conduct
(collectively "Content Restrictions").
c) You and
your activities on the Service will not:
reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
attempt to impersonate any other party;
create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
trick, defraud or mislead Succinct Applications and other users, especially in any attempt to learn sensitive account information such as passwords;
make improper use of Succinct Application's support services or submit false reports of abuse or misconduct;
engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
disparage, tarnish, or otherwise harm, in Succinct Application's opinion, Succinct Applications and/or the Service;
violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Succinct Applications on the Service;
disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;
copy or adapt the Service's software including but not limited to Flash, PHP, HTML, JavaScript or other code;
reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
cover or obscure any notice, banner or advertisement on the Service;
disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;
sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
engage
in cheating or any other activity deemed by Succinct Applications to
be in conflict with the spirit or intent of the Service.
d)
Succinct Applications does not control or endorse the content,
messages or information found in User Content portions of the Service
or external sites that may be linked to or from the games or their
forums and, therefore, Succinct Applications specifically disclaims
any responsibility with regard thereto.
7) Privacy and
Protection of Personal Information.
a) Succinct
Appications respects the privacy of visitors to our game. Information
collected from you is subject to the pertinent social network's
policy. By playing the game, you may be granting your social network
permission to share your e-mail address and any other personally
identifiable information with Succinct Applications. Please see
Succinct Applications's Privacy Policy at www.succinctapps.com for
more information on the collection and use of your information. You
acknowledge and agree that this Privacy Policy, including, but not
limited to, the manner in which Succinct Applications collects, uses
and discloses your personally identifiable information, is
incorporated and made part of these Terms. If User does not agree to
each and every part of Succinct Applications's Privacy Policy, then
you should not play the game or submit any personally identifiable
information through this game. Questions regarding privacy issues
should be directed to info (at) succinctapps.com.
8)
Account Responsibility
a) This Service is offered
through various social networks. The Service is only available to
persons who are registered members of the social network through
which they access the game and are in compliance with the policies or
terms of use/service of that social network. In creating your account
with a social network through which you will access the Service
("Account"), you agree to:
provide true, accurate, current and complete information about yourself ( "Registration Data"); and
maintain
and promptly update the Registration Data to keep it true,
accurate, current and complete.
b)
Users that maintain more than one account on a social network may not
access this Service from multiple accounts. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
Succinct Applications has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
Succinct Applications has the right to suspend or terminate your
ability to participate in the Service and refuse any and all current
or future use of the Service (or any portion thereof). Succinct
Applications reserves the right to terminate accounts that have been
inactive for 180 consecutive days.
9) Disputes with
Others
a) We reserve the right, but have no
obligation, to monitor and/or manage disputes between you and other
users of the Service. If you have a dispute with other users, you
release Succinct Applications and hereby agree to indemnify Succinct
Applications 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 dispute.
10)
Disclaimers; Limitations; Waivers of Liability
a)
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO
THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH
ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS
FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE
FOREGOING, NEITHER SUCCINCT APPLICATIONS NOR ITS AFFILIATES OR
SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS,
ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR
LICENSORS (COLLECTIVELY, "SUCCINCT APPLICATIONS PARTIES")
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
b)
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY
CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER
CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE
UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING,
WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF
CONTRACT OR TORT AND THAT THE SUCCINCT APPLICATIONS PARTIES SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE
OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY
ACKNOWLEDGE THAT THE SUCCINCT APPLICATIONS PARTIES ARE NOT LIABLE,
AND YOU AGREE NOT TO SEEK TO HOLD THE SUCCINCT APPLICATIONS PARTIES
LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF
THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE
SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
c) UNDER NO CIRCUMSTANCES WILL THE
SUCCINCT APPLICATIONS PARTIES BE LIABLE TO YOU FOR MORE THAN THE
AMOUNT YOU HAVE PAID SUCCINCT APPLICATIONS IN THE NINETY (90) DAYS
IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH
CLAIM.
11) Indemnification
a) You agree
to defend, indemnify and hold harmless the Succinct Applications
Parties from and against all claims and expenses, including
attorneys' fees and costs, arising out of your use of the Service
and/or your breach or alleged breach of any term, condition,
obligation, representation or warranty in these Terms. You agree that
the provisions in this paragraph will survive any termination of your
account(s) or the Service.
15) Statute of Limitations
a)
You and Succinct Applications both agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service, Terms or Privacy Policy must
be filed within ONE (1) YEAR after such claim or cause of action
arose or be forever barred.
.::Contact info@succinctapps.com::.
Terms of Use | Privacy Policy