Sparkling Society Terms of use – version February 2020

About these Terms
Sparkling Society Games B.V. and other companies within the group (jointly “Sparkling Society” or “We”) is a developer of games with the ambition to engage players into fans, i.e. “members of the sparkling society”. We focus on developing games for players of 16 years and older.
These Terms of use (“Terms”) apply to your download, access and/or use of Sparkling Society Games (“Game(s)”). You can always find the actual version on sparklingsociety.net and via the app store or platform that you download the Game from.
You can download and store the Terms if you like.
If you do not agree with these Terms and updated versions of these Terms you must not download, access and/or use the Games.

Use and access
The specific Game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form a part of these Terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Games. You should ask your mobile operator or internet game provider if you are unsure what these charges will be, before you access and/or use our Games.

Grant of a Limited License to use the Games
Sparkling Society grants you a non-exclusive, non-transferable, non-sub licensable, revocable limited license subject to the limitations below to access and use the Games for your own non-commercial entertainment purposes. You agree not to use the Games for any other purpose. The following restrictions apply to the use of the Games:

  • You shall not create an account or access the Games if you are under the age of 16; You shall restrict use by minors, and you will deny access to children under the age of 16. You accept full responsibility for any unauthorized use of the Games by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
  • You shall not have more than one account at any given time, sell or give away your account, create an account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Games if you have previously been removed by Sparkling Society, or previously been banned from playing any Game;
  • You shall use your account only for non-commercial purposes; When you violate these rules, Sparkling Society reserves the right to take action, which may include terminating your account and prohibiting you from using the Games.

License Limitations
Any use of the Games in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:

  • Engage in any act that Sparkling Society deems to be in conflict with the spirit or intent of the Games or make improper use of Sparkling Society’s support Games.
  • Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Games, any Sparkling Society Game or any Sparkling Society Game experience or without Sparkling Society’s express written consent, modify or cause to be modified any files that are a part of the Games or any Sparkling Society Game.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Games or any Sparkling Society Game environment.
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of Game attacks upon the Games, or other attempts to disrupt the Games or any other person’s use or enjoyment of the Games.
  • Attempt to gain unauthorized access to the Games, accounts registered to others or to the computers, Servers, or networks connected to the Games by any means other than the user interface provided by Sparkling Society, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Games.
  • Post any information that is abusive, threatening, obscene, defamatory, libellous, racially, sexually, religiously, or otherwise objectionable or offensive.
  • Make available through the Games any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Sparkling Society employee.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Games or any Sparkling Society Game, or to obtain any information from the Games or any Sparkling Society Game using any method not expressly permitted by Sparkling Society.
  • Solicit or attempt to solicit personal information from other users of the Games or any Game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Games.

Sparkling Society reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms or the Games itself. Sparkling Society reserves the right to take action as a result, which may include terminating your account and prohibiting you from using the Games.

Accounts
When playing the Games you may choose to create an account. This will increase your user experience and allow you to use specific Game features and receive rewards. You shall not share the login information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify Sparkling Society and modify your login information.
You are solely responsible for maintaining the confidentiality of the login information, and you are responsible for all uses of the login information, including purchases, whether or not authorized by you.  Sparkling Society reserves the right to remove or reclaim any usernames at any time and for any reason.

Suspension and Termination of Account and Access to Games
You can lose your account including user content as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Games, and Sparkling Society is under no obligation to compensate you for any such losses or results:

  • Without limiting any other remedies, Sparkling Society may limit, suspend, terminate, modify, or delete accounts or access to the Games or portions thereof, prohibit access to our Games and their contact, delay or remove hosted content and take technical and legal steps to prevent a user from accessing the Games if you are, or Sparkling Society suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Games or if we believe that they are creating a risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms, without any notice to you. 
  • Additionally, We may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights. 
  • Sparkling Society reserves the right to terminate any account that has been inactive for 180 days.
  • Sparkling Society reserves the right to stop offering and/or supporting the Games or a particular Game or part of the Games at any time, at which point your license to use the Game or a part thereof will be automatically terminated. In such event, Sparkling Society shall not be required to provide refunds, benefits or other compensation to users in connection with discontinued Games. Termination of your account can include disabling your access to the Games or any part thereof including any content you submitted or others submitted.

You may terminate your account at any time and for any reason by informing Sparkling Society that you wish to terminate your account.

Ownership
All rights, title and interest in and to the Games are owned by Sparkling Society. Sparkling Society reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Games.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and to the benefit of Sparkling Society. 
Sparkling Society owns, has licensed, or otherwise has rights to use all of the content that appears in the Games. You agree that you have no right or title in or to any content that appears in the Games.

User Content
User content means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Game, or that other users upload or transmit, including without limitation any chat text (“User Content”). By transmitting or submitting any User Content while using the Games, you affirm, represent and warrant that such transmission or submission is: 

  • Accurate and not confidential; 
  • Not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; 
  • Free of viruses, adware, spyware, worms or other malicious code; and
  • You acknowledge and agree that any of your personal information within such content will at all times be processed by Sparkling Society. 

Sparkling Society reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content without notice for any reason or for no reason at any time.

Content screening
Sparkling Society assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Games for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Games is at your own risk.
Sparkling Society has the right to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

Responsible for your own content
You are solely responsible for the information that you post on, through or in connection with the Games and that you provide to others. Sparkling Society may refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Sparkling Society violates these Terms.

License
You hereby grant to Sparkling Society a worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Games, including marketing and promotions of the Games. You also hereby grant to Sparkling Society the right to authorize others to exercise any of the rights granted to Sparkling Society under these Terms. You further hereby grant to Sparkling Society 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. Sparkling Society does not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. Sparkling Society has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

Purchases
In the Games you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub-licensable, revocable license to use:

  • “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Games; 
  • “virtual in-Game items” (together with “virtual currency”, “Virtual Items”); and 
  • other goods or Games (“Merchandise”). 

Sparkling Society may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, without notice. Sparkling Society shall have no liability to you or any third party in the event that Sparkling Society exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Games. Other than as expressly authorized in the Games, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including Sparkling Society, another user or any third party.
All purchases and redemptions of third party virtual currency made through the Games are final and non-refundable.
The provision of Virtual Items for use in Games provided by Sparkling Society that commences immediately upon acceptance by Sparkling Society of your purchase. 

Payment of fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Sparkling Society may revise the pricing for the goods and Games offered through the Games at any time. You acknowledge that Sparkling Society is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

Force Majeure
Sparkling Society shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Sparkling Society, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Sparkling Society’s control such as, but not limited to, war, terrorism, acts of civil or military authorities, fire, floods.

Disclaimer of warranties
Without limiting Sparkling Society’s liability under the section below, the Games are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Sparkling Society does not warrant that you will be able to access or use the Games at the times or locations of your choosing; that the Games will be uninterrupted or error-free of viruses or other harmful components. There may be times when our Games or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

Limitation of liability; sole and exclusive remedy; indemnification
Sparkling Society shall not be liable for any direct, indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or the Games itself, whether based on contract, tort or any other legal theory, and whether or not Sparkling Society has been advised of the possibility of such damages, except in the event of intentional act or deliberate recklessness of Sparkling Society.
In case Sparkling Society is liable the total liability shall not be for more than the amount you have paid to Sparkling Society in accordance with these Terms in the three (3) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Sparkling Society during such time period, your sole remedy (and Sparkling Society’s exclusive liability) for any dispute with Sparkling Society is to stop using the Games and to cancel your account.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Sparkling Society may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Sparkling Society’s liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Sparkling Society. You agree to indemnify, defend and hold Sparkling Society harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Games, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.

Dispute Resolution and Applicable law
If a dispute arises between you and Sparkling Society, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at http://www.sparklingsociety.net/contact. Any dispute arising out of or related to these Terms shall be governed in all respects by Dutch law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Sparkling Society must be resolved exclusively by a court located in Amsterdam, The Netherlands.

Severability
You and Sparkling Society agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

Assignment
Sparkling Society may assign or delegate these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under the Terms without Sparkling Society’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

Terms of use Sparkling Society, version February, 2020