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PRIVACY POLICY
This privacy policy will explain what information we collect online, why we collect it, and the choices we offer to you.
This privacy policy (“Policy”) describes the data practices of Spasman Games and its subsidiaries (collectively, the “we”, or “Company”), covering its services under its control, including this website, any products, mobile applications, console or PC applications (collectively "Services"). By using the Services, you are consenting to this Policy and the processing of your data in the manner provided in this Policy. If you do not agree with these terms, please do not use the Services. This Privacy Policy was last updated on February 28, 2018.
Information we collect
We may collect information about the Services you use and how you use them, such as the selections you make on our Services. We collect PII, DII, and log information about your interactions as described below.
Personally identifiable information (PII) is information that can be used to identify or contact you online or offline, such as your name, address, email, phone number, photos or audio data, and payment information. The Services may collect PII when it is provided to us, such as when you use our Services, attempt to contact us, submit a resume or job application, or connect with us on social media or one of our partners. For example, you may see a “Log in with…” button, which means we request PII from a partner to streamline the login process. You will likely be presented with a “request for permission” screen by a third party asking to share your ID, profile picture, and other listed information with us.
We may also create or collect device-identifiable information (DII), such as cookies, unique device and advertising identifiers, usernames, and similar identifiers that are linkable to a browser or device. From these platforms, we may also receive other information, such as your IP address, user agent, timestamps, precise and imprecise geolocation, sensor data, apps, fonts, battery life information, and screen size.
Our Services also collect information about your interactions, including navigation paths, search queries, crashes, timestamps, purchases, clicks and shares, and referral URLs. We may combine this data with PII and DII. For efficiency’s sake, information about your interactions may be transmitted to our servers while you are not using the app. We may also partner with third parties that collect additional information – please see their privacy policies for more details and see below for your choices regarding these parties.
How we use information we collect
We use the information we collect from our Services to provide, maintain, protect and improve our Services, to develop new Services and offerings, and to protect us and our users.
PII is primarily used for business purposes, such as for sending you occasional newsletters and updates, hiring, responding to inquiries, logins, and providing Services. When you contact us, we may keep a record of your communication as well as the other information to help solve any issues you might be facing. We may use your email address to inform you about our Services, such as letting you know about changes or improvements. Please keep in mind that comments sections, forums, and other similar areas of our Services are public. Any information posted in those areas is viewable and usable by anyone that has access.
We share PII with companies, outside organizations, and individuals for limited reasons, outlined below:
A. With your consent - We will share PII with companies, outside organizations or individuals if we have your consent to do so.
B. For external processing - We provide PII to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
C. For legal reasons - We will share PII with companies, outside organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, detect, prevent, or otherwise address fraud, security or technical issues or protect against harm to the rights, property or safety of our users or the public as required or permitted by law.
D. In case of a sale or asset transfer - If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including PII collected from you through your use of our Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Services.
E. In aggregated form for business purposes - We may share aggregated information and DII with our partners such as businesses we have a relationship with, advertisers or connected sites. For example, we may share information to show trends about the general use of our Services.
We use DII to operate our Services and manage user sessions, including analyzing usage of our Services, preventing malicious behavioral and fraud, improving the content, to link your identity across devices and browsers in order to provide you with a more seamless experience online, and helping third parties provide relevant advertising and related metrics. We share DII with third parties primarily for advertising and analytics purposes, for external processing, and for security purposes.
Third Parties
While we strive to work with reputable companies with good privacy practices, this Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you on the Services. We also do not control the privacy policies and your privacy settings on third-party sites, including social networks. We may use third parties to help offer you more tailored ads and better Services, such as obtaining analytics about the users of our site and to help tailor advertising to your preferences. For further information, please see the relevant privacy policies for each third party and industry codes of conduct.
Choice
Like many other companies, we do not honor DNT flags but instead offer other choices with respect to third parties. Many third parties participate in self-regulation to offer you a choice regarding receiving targeted ads. Please note that you’ll still see generic ads after opting out, but they won’t be based on your activities online. On the web, you can opt out of participating companies by visiting the following sites:
• http://optout.networkadvertising.org/
• http://optout.aboutads.info/
If you wish to similarly opt out of cross-app advertising on mobile devices, you can enable the Limit Ad Tracking flag on the device. Enabling Limit Ad Tracking sends a flag to third parties that you wish to opt out of targeted advertising on that device, and major mobile platforms require companies to honor this flag. Screenshots on how to find these options on various devices are available here: http://www.networkadvertising.org/mobile-choices.
Accessing and updating your information
We aim to provide you with reasonable opportunity to access, update, and delete to your PII. In some cases, we may have to keep that information for legitimate business or legal purposes. When updating your information, we may ask you to verify your identity before we can act on your request.
Information security
We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold and undertake reasonable security measures with appropriate confidentiality, integrity, and availability protections. However, since no software or storage system is 100% secure, we cannot guarantee the security of your information associated with the Services, or any other service for that matter. You can help protect your account information by using unique and hard-to-guess passwords.
Children Under 13
We do not knowingly collect information for any child under the age of 13. If you are the parent of a child under the age of 13 and have a concern regarding your child’s information on our Services, please contact us at the email provided at the end of this Policy.
Our Services are Located in the United States
Our Services are directed to United States citizens. If you are outside of the United States, your information will be processed and stored in the United States and you are consenting to such transfer, processing, and storage under the laws of the United States.
Changes
Our Privacy Policy may change from time to time. We will post any Policy changes on this page, including material changes. Please check back periodically to view changes to our privacy policy.
Questions?
If you have questions or requests regarding your privacy, please contact us at spasman@spasmangames.com
TERMS OF SERVICE
Please read these Terms of Service and our Privacy Policy carefully before using Spasman Games’ Services.
By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with Spasman Games. If you do not completely agree to these Terms of Service then you must not use any of our Services.
1. Definitions
“Dispute” means, any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Spasman Games, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Spasman Games” means, Spasman Games, a sole proprietorship of Spasman governed by the laws of the State of Arizona. References to “Us,” “We,” or “Our” means Spasman Games, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Spasman Games does not include Spasman Games Affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Spasman Games Affiliate” (or “Spasman Games Affiliates”) means Spasman Games’s third-party content providers, distributors, licensees, or licensors.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means, a delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address, and will be effective upon receipt.
“Privacy Policy” means, Spasman Games policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.
“Service” (or “Services”) means, any website, game, device, platform, content, and other related products and services provided by Spasman Games and Spasman Games Affiliates, including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Spasman Games game client, and Spasman Games game clients and server software.
“Terms of Service” (or “Terms”) means, the terms and conditions in this agreement.
“User Content” means, any and all data that you upload, transmit, or create through the Services, including without limitation custom level maps, level editor data, forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.
2. Ownership and Limited License
Ownership. The Services are owned or licensed by Spasman Games, and are protected by Intellectual Property Rights and other proprietary rights laws. Spasman Games reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of Spasman Games.
License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Spasman Games policies, Spasman Games grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment purposes. You agree that you will not use the Services for any other purpose.
License Limitations. Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at Spasman Games’s sole judgment, or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
Partake in any activity or action that Spasman Games deems to be against the spirit or intent of the Services;
Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;
Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Spasman Games itself or Spasman Games Affiliates;
Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Spasman Games;
Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the Services;
Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, In-App Purchases, Virtual Goods, or Spasman Games;
Use of access services to obtain, generate, or infer any business information about Spasman Games or Spasman Games Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying Spasman Games;
Make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Spasman Games employees;
Attempt to gain unauthorized access to Services or Accounts not belonging to you;
Use the Services where it is prohibited by law.
3. Downloadable Content
Within the Services, you may purchase, with "real world" money, a limited, revocable license that permits you to access additional content in certain Spasman Games titles (“Downloadable Content”). Downloadable Content is licensed to you on a limited basis under the same rules as Section 2. Downloadable Content, regardless of whether it is "earned" or purchased within the Services, is owned by Spasman Games and is not your property. Spasman Games may manage, regulate, control, modify or eliminate all Downloadable Content at any time, without Notice or announcement and without payment to you. Spasman Games shall have no liability to you or any third party if Spasman Games exercises any such rights.
You agree that once purchased, Downloadable Content has no monetary value. You are not permitted to transfer Downloadable Content outside the Services, including without limitation by selling, gifting, or trading. You are further forbidden from sublicensing, trading, selling, or attempting to sell Downloadable Content for real world currency or any other kind of value outside of the Services. You also agree that you will only obtain Downloadable Content from Spasman Games, and not from any other party. Any such transfers or attempted transfers are prohibited, and thus shall be considered null and void.
Downloadable Content purchased within the Services on other platforms such as itch.io or Steam will be subject to those platforms' payment terms and conditions. Spasman Games does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. User Content
To the maximum extent permissible by law, Spasman Games assumes no responsibility or liability for the conduct of any user submitting any User Content, and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any User Content that you post.
When you transmit or upload User Content, you agree to abide by the following rules:
All content will be accurate, complete, and free from fraud and deception;
All content will be free of any Intellectual Property Rights infringement;
All content will be free from obscenity, threats, defamation, invasion of privacy, and other injuries to third parties;
All content will be in compliance with these Terms of Service;
All content will not be in violation of any law, contractual restrictions, or other parties' rights;
All content will be free of viruses, adware, spyware, worms, or other malicious code;
All content will be free of spam, commercial solicitation, chain letters, and mass mailings.
All User Content that you post will be considered non-confidential. Spasman Games will only share personal information that you provide in accordance with the Privacy Policy. Spasman Games is not responsible for any other user or third party’s use or appropriation of any User Content that you have submitted through the Services.
You hereby grant Spasman Games a non-exclusive, revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, perform, enter into computer memory, and practice, in any way, your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to you or any third party. Accordingly, you grant to Spasman Games and Spasman Games Affiliates all licenses, consents, and clearances necessary to enable Spasman Games to use User Content for such purposes. You also hereby grant to Spasman Games the right to authorize others to exercise any of the rights granted to Spasman Games under this Section. You further hereby grant to Spasman Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Spasman Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can only revoke this license by sending Notice to the contact listed in Section 10(b) below.
In compliance with the Digital Millennium Copyright Act, and other similar or equivalent applicable laws, if Spasman Games is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing the following address: spasman@spasmangames.com. Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys’ fees. Notices submitted to Spasman Games under this provision should include:
A description of the Intellectual Property Rights claimed to have been infringed;
A description of the material claimed to be infringing;
Your name, mailing address, phone number, and email address;
A statement by you that: (1) you have a good faith belief that Intellectual Property Rights infringement has occurred here; and (2) the information in this notification is accurate, and, under penalty of perjury, you are authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed.
5. Term
Unless modified or amended by Spasman Games, this agreement and its provisions shall remain in effect. Termination of any license granted by Spasman Games under this agreement does not affect any other provisions of this agreement.
6. Account Access and Permissible Assignment
By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or 2) are a minor age 13-17 who has been authorized under the provisions of Section 6(b) below. If you are under 13 years of age, you must not use any part of the Services, or submit any personal information to Spasman Games through the Services.
If you are the legal guardian of a minor age 13-17, you can choose to allow use of your account by that minor instead of yourself subject to the following provisions:
You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms of Service;
You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
In consideration of Spasman Games allowing access to the Service by a minor, and in addition to the provisions of Section 9 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Spasman Games with respect thereto.
If you have been previously banned from using any Spasman Games Services then you may not use our Services.
Notwithstanding the above provisions of Section 6, if you are located in a country that requires parental consent for Services to collect or use your data at a higher age than 13 (e.g., certain countries following the General Data Protection Regulation) AND you are under that country’s specified age, you must not use any part of the Services or submit any personal information to Spasman Games through the Services or otherwise unless a) consent was given or authorized by the holder of parental responsibility of that child and b) you receive a Notice that consent was confirmed from Spasman Games.
7. Service Availability and Termination
You acknowledge that:
Spasman Games may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
Spasman Games has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services at any time, for any reason, without Notice and without liability to you;
Access to the Services may be interrupted for reasons within or beyond the control of Spasman Games, and that Spasman Games cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
Spasman Games may not offer the Services in all countries or geographic locations;
You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our Services.
8. Warranty and Liability
YOU ACKNOWLEDGE THAT SPASMAN GAMES AND SPASMAN GAMES AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES ARE PROVIDED BY SPASMAN GAMES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPASMAN GAMES MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SPASMAN GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SPASMAN GAMES DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF SPASMAN GAMES AND/OR SPASMAN GAMES AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO SPASMAN GAMES AND/OR SPASMAN GAMES AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID SPASMAN GAMES OR ANY SPASMAN GAMES AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPASMAN GAMES AND/OR ANY SPASMAN GAMES AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, SPASMAN GAMES AND SPASMAN GAMES AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
9. Indemnity
You agree to defend, indemnify and hold harmless Spasman Games, Spasman Games Affiliates, and any third-parties under agreement with Spasman Games, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
Your failure to comply with any provision of these Terms of Service;
Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
Spasman Games and Spasman Games Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge, and further agree that Spasman Games has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
This Section shall survive the termination of this agreement.
10. Dispute Resolution
Informal Resolution. With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon Spasman Games’ receipt of Notice from you.
Contact Information. Spasman Games can be reached at the following email address:
spasman@spasmangames.com
Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if Spasman Games, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or Spasman Games may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. The party requesting that a Dispute be resolved by arbitration under this Section shall be responsible for initiating such a proceeding.
The American Arbitration Association (“AAA”) will run the arbitration between you and Spasman Games, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and Spasman Games both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with Spasman Games. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and Spasman Games further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
11. Miscellaneous
Changes. It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that Spasman Games may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless Spasman Games states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.
Complete agreement. This agreement: (1) is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
Waiver. No act or failure to act by Spasman Games will be deemed a waiver of any right contained in this agreement, and any waiver by Spasman Games must be in writing and signed by an officer of Spasman Games. If Spasman Games does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.
Severability. If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
Remedies. You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to Spasman Games, entitling Spasman Games to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Spasman Games as a result of a breach of any of the provisions of this agreement.
Governing Law and Venue. Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of the State of Arizona without reference to any choice or conflict of laws principles. Unless subject to arbitration under Section 10, the Courts in the State of Arizona shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts in the State of Arizona, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
Language. To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
This privacy policy will explain what information we collect online, why we collect it, and the choices we offer to you.
This privacy policy (“Policy”) describes the data practices of Spasman Games and its subsidiaries (collectively, the “we”, or “Company”), covering its services under its control, including this website, any products, mobile applications, console or PC applications (collectively "Services"). By using the Services, you are consenting to this Policy and the processing of your data in the manner provided in this Policy. If you do not agree with these terms, please do not use the Services. This Privacy Policy was last updated on February 28, 2018.
Information we collect
We may collect information about the Services you use and how you use them, such as the selections you make on our Services. We collect PII, DII, and log information about your interactions as described below.
Personally identifiable information (PII) is information that can be used to identify or contact you online or offline, such as your name, address, email, phone number, photos or audio data, and payment information. The Services may collect PII when it is provided to us, such as when you use our Services, attempt to contact us, submit a resume or job application, or connect with us on social media or one of our partners. For example, you may see a “Log in with…” button, which means we request PII from a partner to streamline the login process. You will likely be presented with a “request for permission” screen by a third party asking to share your ID, profile picture, and other listed information with us.
We may also create or collect device-identifiable information (DII), such as cookies, unique device and advertising identifiers, usernames, and similar identifiers that are linkable to a browser or device. From these platforms, we may also receive other information, such as your IP address, user agent, timestamps, precise and imprecise geolocation, sensor data, apps, fonts, battery life information, and screen size.
Our Services also collect information about your interactions, including navigation paths, search queries, crashes, timestamps, purchases, clicks and shares, and referral URLs. We may combine this data with PII and DII. For efficiency’s sake, information about your interactions may be transmitted to our servers while you are not using the app. We may also partner with third parties that collect additional information – please see their privacy policies for more details and see below for your choices regarding these parties.
How we use information we collect
We use the information we collect from our Services to provide, maintain, protect and improve our Services, to develop new Services and offerings, and to protect us and our users.
PII is primarily used for business purposes, such as for sending you occasional newsletters and updates, hiring, responding to inquiries, logins, and providing Services. When you contact us, we may keep a record of your communication as well as the other information to help solve any issues you might be facing. We may use your email address to inform you about our Services, such as letting you know about changes or improvements. Please keep in mind that comments sections, forums, and other similar areas of our Services are public. Any information posted in those areas is viewable and usable by anyone that has access.
We share PII with companies, outside organizations, and individuals for limited reasons, outlined below:
A. With your consent - We will share PII with companies, outside organizations or individuals if we have your consent to do so.
B. For external processing - We provide PII to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
C. For legal reasons - We will share PII with companies, outside organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, detect, prevent, or otherwise address fraud, security or technical issues or protect against harm to the rights, property or safety of our users or the public as required or permitted by law.
D. In case of a sale or asset transfer - If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including PII collected from you through your use of our Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Services.
E. In aggregated form for business purposes - We may share aggregated information and DII with our partners such as businesses we have a relationship with, advertisers or connected sites. For example, we may share information to show trends about the general use of our Services.
We use DII to operate our Services and manage user sessions, including analyzing usage of our Services, preventing malicious behavioral and fraud, improving the content, to link your identity across devices and browsers in order to provide you with a more seamless experience online, and helping third parties provide relevant advertising and related metrics. We share DII with third parties primarily for advertising and analytics purposes, for external processing, and for security purposes.
Third Parties
While we strive to work with reputable companies with good privacy practices, this Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you on the Services. We also do not control the privacy policies and your privacy settings on third-party sites, including social networks. We may use third parties to help offer you more tailored ads and better Services, such as obtaining analytics about the users of our site and to help tailor advertising to your preferences. For further information, please see the relevant privacy policies for each third party and industry codes of conduct.
Choice
Like many other companies, we do not honor DNT flags but instead offer other choices with respect to third parties. Many third parties participate in self-regulation to offer you a choice regarding receiving targeted ads. Please note that you’ll still see generic ads after opting out, but they won’t be based on your activities online. On the web, you can opt out of participating companies by visiting the following sites:
• http://optout.networkadvertising.org/
• http://optout.aboutads.info/
If you wish to similarly opt out of cross-app advertising on mobile devices, you can enable the Limit Ad Tracking flag on the device. Enabling Limit Ad Tracking sends a flag to third parties that you wish to opt out of targeted advertising on that device, and major mobile platforms require companies to honor this flag. Screenshots on how to find these options on various devices are available here: http://www.networkadvertising.org/mobile-choices.
Accessing and updating your information
We aim to provide you with reasonable opportunity to access, update, and delete to your PII. In some cases, we may have to keep that information for legitimate business or legal purposes. When updating your information, we may ask you to verify your identity before we can act on your request.
Information security
We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold and undertake reasonable security measures with appropriate confidentiality, integrity, and availability protections. However, since no software or storage system is 100% secure, we cannot guarantee the security of your information associated with the Services, or any other service for that matter. You can help protect your account information by using unique and hard-to-guess passwords.
Children Under 13
We do not knowingly collect information for any child under the age of 13. If you are the parent of a child under the age of 13 and have a concern regarding your child’s information on our Services, please contact us at the email provided at the end of this Policy.
Our Services are Located in the United States
Our Services are directed to United States citizens. If you are outside of the United States, your information will be processed and stored in the United States and you are consenting to such transfer, processing, and storage under the laws of the United States.
Changes
Our Privacy Policy may change from time to time. We will post any Policy changes on this page, including material changes. Please check back periodically to view changes to our privacy policy.
Questions?
If you have questions or requests regarding your privacy, please contact us at spasman@spasmangames.com
TERMS OF SERVICE
Please read these Terms of Service and our Privacy Policy carefully before using Spasman Games’ Services.
By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with Spasman Games. If you do not completely agree to these Terms of Service then you must not use any of our Services.
1. Definitions
“Dispute” means, any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Spasman Games, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Spasman Games” means, Spasman Games, a sole proprietorship of Spasman governed by the laws of the State of Arizona. References to “Us,” “We,” or “Our” means Spasman Games, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Spasman Games does not include Spasman Games Affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Spasman Games Affiliate” (or “Spasman Games Affiliates”) means Spasman Games’s third-party content providers, distributors, licensees, or licensors.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means, a delivered writing by e-mail, courier, or by Federal Express delivery to the other party at their respective address, and will be effective upon receipt.
“Privacy Policy” means, Spasman Games policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.
“Service” (or “Services”) means, any website, game, device, platform, content, and other related products and services provided by Spasman Games and Spasman Games Affiliates, including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Spasman Games game client, and Spasman Games game clients and server software.
“Terms of Service” (or “Terms”) means, the terms and conditions in this agreement.
“User Content” means, any and all data that you upload, transmit, or create through the Services, including without limitation custom level maps, level editor data, forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.
2. Ownership and Limited License
Ownership. The Services are owned or licensed by Spasman Games, and are protected by Intellectual Property Rights and other proprietary rights laws. Spasman Games reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of Spasman Games.
License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Spasman Games policies, Spasman Games grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment purposes. You agree that you will not use the Services for any other purpose.
License Limitations. Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at Spasman Games’s sole judgment, or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
Partake in any activity or action that Spasman Games deems to be against the spirit or intent of the Services;
Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;
Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Spasman Games itself or Spasman Games Affiliates;
Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Spasman Games;
Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the Services;
Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, In-App Purchases, Virtual Goods, or Spasman Games;
Use of access services to obtain, generate, or infer any business information about Spasman Games or Spasman Games Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying Spasman Games;
Make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Spasman Games employees;
Attempt to gain unauthorized access to Services or Accounts not belonging to you;
Use the Services where it is prohibited by law.
3. Downloadable Content
Within the Services, you may purchase, with "real world" money, a limited, revocable license that permits you to access additional content in certain Spasman Games titles (“Downloadable Content”). Downloadable Content is licensed to you on a limited basis under the same rules as Section 2. Downloadable Content, regardless of whether it is "earned" or purchased within the Services, is owned by Spasman Games and is not your property. Spasman Games may manage, regulate, control, modify or eliminate all Downloadable Content at any time, without Notice or announcement and without payment to you. Spasman Games shall have no liability to you or any third party if Spasman Games exercises any such rights.
You agree that once purchased, Downloadable Content has no monetary value. You are not permitted to transfer Downloadable Content outside the Services, including without limitation by selling, gifting, or trading. You are further forbidden from sublicensing, trading, selling, or attempting to sell Downloadable Content for real world currency or any other kind of value outside of the Services. You also agree that you will only obtain Downloadable Content from Spasman Games, and not from any other party. Any such transfers or attempted transfers are prohibited, and thus shall be considered null and void.
Downloadable Content purchased within the Services on other platforms such as itch.io or Steam will be subject to those platforms' payment terms and conditions. Spasman Games does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. User Content
To the maximum extent permissible by law, Spasman Games assumes no responsibility or liability for the conduct of any user submitting any User Content, and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any User Content that you post.
When you transmit or upload User Content, you agree to abide by the following rules:
All content will be accurate, complete, and free from fraud and deception;
All content will be free of any Intellectual Property Rights infringement;
All content will be free from obscenity, threats, defamation, invasion of privacy, and other injuries to third parties;
All content will be in compliance with these Terms of Service;
All content will not be in violation of any law, contractual restrictions, or other parties' rights;
All content will be free of viruses, adware, spyware, worms, or other malicious code;
All content will be free of spam, commercial solicitation, chain letters, and mass mailings.
All User Content that you post will be considered non-confidential. Spasman Games will only share personal information that you provide in accordance with the Privacy Policy. Spasman Games is not responsible for any other user or third party’s use or appropriation of any User Content that you have submitted through the Services.
You hereby grant Spasman Games a non-exclusive, revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, perform, enter into computer memory, and practice, in any way, your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to you or any third party. Accordingly, you grant to Spasman Games and Spasman Games Affiliates all licenses, consents, and clearances necessary to enable Spasman Games to use User Content for such purposes. You also hereby grant to Spasman Games the right to authorize others to exercise any of the rights granted to Spasman Games under this Section. You further hereby grant to Spasman Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Spasman Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can only revoke this license by sending Notice to the contact listed in Section 10(b) below.
In compliance with the Digital Millennium Copyright Act, and other similar or equivalent applicable laws, if Spasman Games is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing the following address: spasman@spasmangames.com. Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys’ fees. Notices submitted to Spasman Games under this provision should include:
A description of the Intellectual Property Rights claimed to have been infringed;
A description of the material claimed to be infringing;
Your name, mailing address, phone number, and email address;
A statement by you that: (1) you have a good faith belief that Intellectual Property Rights infringement has occurred here; and (2) the information in this notification is accurate, and, under penalty of perjury, you are authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed; and
A physical or electronic signature of a person authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed.
5. Term
Unless modified or amended by Spasman Games, this agreement and its provisions shall remain in effect. Termination of any license granted by Spasman Games under this agreement does not affect any other provisions of this agreement.
6. Account Access and Permissible Assignment
By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or 2) are a minor age 13-17 who has been authorized under the provisions of Section 6(b) below. If you are under 13 years of age, you must not use any part of the Services, or submit any personal information to Spasman Games through the Services.
If you are the legal guardian of a minor age 13-17, you can choose to allow use of your account by that minor instead of yourself subject to the following provisions:
You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms of Service;
You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
In consideration of Spasman Games allowing access to the Service by a minor, and in addition to the provisions of Section 9 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Spasman Games with respect thereto.
If you have been previously banned from using any Spasman Games Services then you may not use our Services.
Notwithstanding the above provisions of Section 6, if you are located in a country that requires parental consent for Services to collect or use your data at a higher age than 13 (e.g., certain countries following the General Data Protection Regulation) AND you are under that country’s specified age, you must not use any part of the Services or submit any personal information to Spasman Games through the Services or otherwise unless a) consent was given or authorized by the holder of parental responsibility of that child and b) you receive a Notice that consent was confirmed from Spasman Games.
7. Service Availability and Termination
You acknowledge that:
Spasman Games may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
Spasman Games has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services at any time, for any reason, without Notice and without liability to you;
Access to the Services may be interrupted for reasons within or beyond the control of Spasman Games, and that Spasman Games cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
Spasman Games may not offer the Services in all countries or geographic locations;
You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our Services.
8. Warranty and Liability
YOU ACKNOWLEDGE THAT SPASMAN GAMES AND SPASMAN GAMES AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES ARE PROVIDED BY SPASMAN GAMES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPASMAN GAMES MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SPASMAN GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SPASMAN GAMES DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF SPASMAN GAMES AND/OR SPASMAN GAMES AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO SPASMAN GAMES AND/OR SPASMAN GAMES AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID SPASMAN GAMES OR ANY SPASMAN GAMES AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPASMAN GAMES AND/OR ANY SPASMAN GAMES AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, SPASMAN GAMES AND SPASMAN GAMES AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
9. Indemnity
You agree to defend, indemnify and hold harmless Spasman Games, Spasman Games Affiliates, and any third-parties under agreement with Spasman Games, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
Your failure to comply with any provision of these Terms of Service;
Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
Spasman Games and Spasman Games Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge, and further agree that Spasman Games has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
This Section shall survive the termination of this agreement.
10. Dispute Resolution
Informal Resolution. With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon Spasman Games’ receipt of Notice from you.
Contact Information. Spasman Games can be reached at the following email address:
spasman@spasmangames.com
Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if Spasman Games, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or Spasman Games may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. The party requesting that a Dispute be resolved by arbitration under this Section shall be responsible for initiating such a proceeding.
The American Arbitration Association (“AAA”) will run the arbitration between you and Spasman Games, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and Spasman Games both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with Spasman Games. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and Spasman Games further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
11. Miscellaneous
Changes. It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that Spasman Games may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless Spasman Games states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.
Complete agreement. This agreement: (1) is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
Waiver. No act or failure to act by Spasman Games will be deemed a waiver of any right contained in this agreement, and any waiver by Spasman Games must be in writing and signed by an officer of Spasman Games. If Spasman Games does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.
Severability. If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
Remedies. You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to Spasman Games, entitling Spasman Games to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Spasman Games as a result of a breach of any of the provisions of this agreement.
Governing Law and Venue. Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of the State of Arizona without reference to any choice or conflict of laws principles. Unless subject to arbitration under Section 10, the Courts in the State of Arizona shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts in the State of Arizona, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
Language. To the fullest extent permitted by law, the controlling language for these Terms of Service is English.