TERMS AND CONDITIONS

 

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF SUNGAME’s SERVICES ("SERVICES"). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES.

 

 

Account Registration

You must register for and maintain an account to use the Service. In order to make purchases, you must also enter a valid credit card number that is in your name, or that you are otherwise authorized to use, and select a third party payment processor to process your credit card transactions. When subscribing, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your subscription and your use of the Service.

Your subscription entitles you to access the Service solely for personal, non-commercial use, from a single computer at a time. You are solely responsible for all activities that occur through your account. You must not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security or the terms of this agreement.

 

Purchases and Payments

You may make Purchases in the Store. By making a Purchase you authorize SUNGAME to direct the third party payment processor specified by you during the registration process to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable purchases you make from SUNGAME, in United States dollars, including all applicable taxes. You must comply with the terms established by the payment processor. You may authorize SUNGAMEto instruct your selected payment processor to charge your credit card for ongoing subscription fees unless you cancel your subscription. You acknowledge and agree that SUNGAMEundertakes no responsibility regarding the payments you make to the payment processor you specify. All disputes regarding payment, refunds, non-payment, and any other matter having to do with subscription payments charged to you by the payment processor as a result of your subscription of the Service are between you and the payment processor. You indemnify and hold SUNGAMEharmless from any and all claims by you or the payment processor regarding any of the foregoing.

In addition to the free services provided on the Website, Paid Memberships (for example, the and Paid Features are offered that require payment. Where payment is required, the following additional terms and conditions will apply.

 

Billing and Payment

SUNGAME will use the credit card information You provide to bill You for goods and services. By making Purchases and providing Your credit card details, You agree to be billed by us for Your purchase. It is Your sole obligation to provide accurate and complete credit card information, and to timely update Your Account with any changes to such information.

 

Automatic Renewal

Any reoccurring payments you authorize are subscriptions. You will be charged after Your initial subscription commitment period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period, at the price You agreed to when subscribing. If You agree,  Your account will be subject to this automatic renewal feature. If You do not wish Your account to renew automatically, or if You want to change or terminate Your subscription, please log in and go to Your Account page and opt out of any automatic renewal of Your purchases. If You opt out of automatic renewal after Your purchase, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Subscriptions cannot be transferred to any other account. By subscribing, You authorize SUNGAME to bill the credit card You provided now and again at the beginning of any subsequent subscription period. You also authorize SUNGAME to charge You for any sales or similar taxes that may be imposed on Your subscription payments.

 

Reaffirmation of Authorization

Your non-termination or continued use of the Store or making purchaesreaffirms that SUNGAME is authorized to charge the credit card information provided. SUNGAME may submit those charges for payment and You will be responsible for such charges. This does not waive SUNGAME’s right to seek payment directly from You.

 

Termination of Services for Non-Payment

Where payment is required and we are unable to charge Your credit card for any reason, we may discontinue any and all Services to You either temporarily or permanently.

 

Cancellation of Services

If You cancel Your account, Your billing information will be deleted and cancelled. All payments non-refundable. You will not be eligible for a prorated refund of any portion of any unused paid services. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded. Paid Memberships and/or Paid Features cannot be transferred to any other account.

 

Expired or Refused Credit Card and Other Billing Issues

If SUNGAMEdoes not receive payment from the selected payment processor in respect of your subscription for any reason, you will pay all amounts due upon demand and SUNGAME may cancel your subscription. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees.

 

Restrictions

You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) reproduce, distribute, prepare derivative works of, publicly perform, or use for any commercial purpose any content, or any portion of content, that is available on the Service or utilize any tool or content furnished by SUNGAME through the Service for any purpose other than your personal end use; (b) use any automated tool to use the Service; (c) make available your access to the Service to another person; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Site or Service; (e) use the Site or Service in a manner that threatens the integrity, performance, or availability of the Site or Service; or (f) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site, Service, or content that you download via the Service.

 

Modifications to the Service

SUNGAMEreserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Without limiting the generality of the foregoing, SUNGAME reserves the right to remove content from the site and from the scope of the Service without notice, to edit or delete any user generated content or to discontinue any feature allowing user generated content. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any feature thereof.

 

Term and Termination

You may terminate your account at any time via the unsubscribe page when you log in to the Service. Termination of your account is your sole right and remedy with respect to any dispute with us regarding your subscription, the Site, the Service, or this Agreement. We may terminate your account at any time for any reason by providing you with notice in any reasonable manner, including via email and via notices posted on the Service. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.

You will remain liable for all fees incurred during your activity on the Service, even after your account is terminated. SUNGAME is not liable for any loss of data or any other information caused by any termination of your account. Please see "Disclaimer of Warranties" and "Limitation of Liability" below.

 

Use of Material

The Company authorizes you to view and download copies of the material on this Web site (“Web Site”) solely for your personal, noncommercial use.  Special rules may apply to the use of certain software and other items provided on the Web Site.  Any such special rules are listed as “Legal Notices” on this Web Site and are incorporated into this Agreement by reference.

 

The contents of this Web Site, such as text, graphics, images and other material (“Material”), are protected by copyright under both United States and foreign laws.  Unauthorized use of the Material may violate copyright, trademark, and other laws.  You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.  You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.  The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.

 

Ownership

We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Site, the content on the site and the Service.

As part of your subscription, you will have the ability to generate or post certain content through use of the site. Current examples of this ability include your ability to provide details about yourself, pictures of yourself, or other material(s) regarding personal information about yourself,or comments and ratings. We may add additional features that allow you to generate content in the future. You acknowledge and agree that you are not required to generate any content in order to use the Service. You further acknowledge and agree that all content generated by you shall be the sole property of the Userand the User grants a right to display to SUNGAME any and all material the User posts on the site. SUNGAME shall in its sole discretion have the right to edit or delete any content generated by you. SUNGAME may use any content generated by you for any purpose, commercial or otherwise, in its discretion, and you disclaim any ownership or right to any profit associated with any such content. SUNGAME reserves the right to discontinue any features that allow the creation of user generated content at any time, without notice and further reserves the right to curtail or suspend your ability to generate user generated content at any time, without notice.

You represent and warrant to SUNGAMEthat in generating any content in connection with the Service, you will not generate any content that violates or infringes upon any intellectual property rights or other rights of any third party. You agree to indemnify and hold SUNGAME harmless for all claims made against SUNGAMEin respect of violations by you of the foregoing representation and warranty.

 

Copyright Infringement

SUNGAMErespects the intellectual property rights of others. If you believe that your work is available on the Site or Service in a way that constitutes copyright infringement, please contact SUNGAMEat the contact below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

SUNGAME’s designated agent for notice of copyright infringement can be reached at:

support@Sungame.com              

 

Disclaimer of Warranties

YOUR USE OF THE SITE OR THE SERVICE, AND YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR YOUR SUBSCRIPTION, IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUNGAME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SERVICE, AND YOU RELY ON THE SITE OR SERVICE AT YOUR OWN RISK. ANY CONTENT TRANSMITTED TO YOU THROUGH YOUR USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY CONTENT THROUGH THE SITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUNGAME OR THROUGH OR FROM THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES

 

The Site is provided on an "as is" and "as available" basis and in particular we do not warrant that:

1)      the Site will continue to be available to you in either its current format;

2)      the Site or any software available from it will be free from viruses or defects;

3)      the Material contained on the Site will be true, accurate or complete in all respects, except always to the extent otherwise set out herein and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).

 

Use of the Web Site

You undertake:

1)      not to use the Site or its Material for any unlawful purpose;

2)      that you shall not make any use of the Site in any which causes it to be interrupted, damaged, rendered less efficient, or impairs its functionality any way; in particular that you shall not run any automated scripts on any part of the site without our express authorization.

3)      not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, false, misleading, offensive or of an obscene, sexually explicit or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;

4)      not to use the Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);

5)      that you shall not use the Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and

6)      that in the event that you may have any right, claim or action against any other Member arising out of the use of the Site you shall pursue such right, claim or action independently of, and without recourse to, us.

7)      That you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these terms and conditions or any use of the Material or the Site.

8)      We shall have the right to immediately suspend your access to the Site if you commit a breach of these terms and conditions.

 

Rejection, cancellation or suspension

We can at our discretion, refused any application to become a Member. We may also suspend or cancel this agreement and your ability to use the Site with immediate effect, at any time for any reason, including but not restricted to your serious or repeated breach of these terms and conditions or any conduct in connection with your use of the Site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the Site.

If we find your use of this site seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, email provider or, in the case of any suspected unlawful activity, the police.

You may request cancellation of services of any SUNGAME service at any time. Where, however, a fee has been paid for a service, all such payments for service are non-refundable. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded.

 

Your responsibilities and Coder of Conduct

You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the Site. Such material may include without limitation words, photographs, artwork, pictures (still or moving) and sound. You give us free of charge the non-exclusive, sub-licensable right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public or otherwise use and re-use material contributed by you (or not use it) on the Site and associated publications, and in any other media (now known or later developed) worldwide for the full term of any rights that may exist in your contribution (including any renewals or extensions) and you waive any moral rights in your contribution for these purposes.

 

Furthermore, the User is solely responsible for any in person meeting with any other Member of the Site or at an event hosted by SUNGAME or at any other meeting with another Member, and any personal interaction therewith is solely the User’s responsibility and the User waives any and all liability arising therefrom. 

Furthermore, the User will immediately notify SUNGAME of any electronic or cyber harassment, misappropriation of likeness, violation of the code of conduct, abuse of the Site, or actions of a similar nature and kind immediately. Failure to notify SUNGAME of the aforementioned actions immediately waives the User’s defenses to SUNGAME and the User consents to unclean hand and latches and agrees to liquidated damages of $50 for any cause of action arising thereunder. 

 

You agree to use the Service in accordance with the following Code of Conduct:

1)      you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

2)      you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;

3)      you will not forward chain letters through the Service;

4)      you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

5)      you will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or

6)      is fraudulent or otherwise unlawful or violates any law; and

7)      you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.

8)      you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, SUNGAME’s systems or to other members' systems in any way.

9)      you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.

10)  you will not cause the Service to be accessed through an automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity which does not place an unreasonable burden on the Service.

11)  you will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.

 

VIOLATION OF THIS CODE OF CONDUCT may cause SUNGAME to terminate the User’s account forthwith and any violation of the aforementioned shall incur a termination fee of the liquidated damages of the annual fee.

 

 

INTERACTIONS WITH OTHER MEMBERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SUNGAME CURRENTLY DOES NOT CONDUCT CRIMINAL or otherBACKGROUND CHECKS ON ITS MEMBERS. SUNGAME ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SUNGAME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. SUNGAME RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

IN NO EVENT SHALL SUNGAME BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT SUNGAME MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

 

 

 

Feedback

If you provide feedback to us regarding the Site or the Service ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

 

Disclaimer of Warranties

YOUR USE OF THE SITE OR THE SERVICE, AND YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR YOUR SUBSCRIPTION, IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUNGAMEEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SERVICE, AND YOU RELY ON THE SITE OR SERVICE AT YOUR OWN RISK. ANY CONTENT TRANSMITTED TO YOU THROUGH YOUR USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY CONTENT THROUGH THE SITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUNGAME OR THROUGH OR FROM THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

 

Limitation of Liability

SUNGAMEWILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUNGAME HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE OR SERVICE OR YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR YOUR SUBSCRIPTION. UNDER NO CIRCUMSTANCES WILL SUNGAME’s TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID BY OR ON BEHALF OF YOU TO SUNGAMEIN THE 12 MONTHS PRECEDING THE EVENT FROM WHICH THE CLAIM AROSE, OR $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY SUNGAME TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.

 

Indemnity

You will defend, indemnify and hold SUNGAME, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any lawsuits, claims, costs, damages, expenses, and liability arising out of your use of the Site, Service, or your violation of this Agreement.

 

Data protection& Privacy

We will use your personal details to administer this site. From time to time, we may send direct marketing or promotional material information from us or selected third parties providing similar services. You can indicate you do not wish to receive such material by editing your account preferences

"Personal Information" means all information about an identifiable individual. SUNGAME recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of offering our service. We recognize our professional obligation to maintain the confidentiality of our clients' information, and recognize our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice. This policy has been developed with those obligations in mind.

SUNGAME may collect personal information from you in order to create your online dating profile. SUNGAME will not use or disclose your personal information for purposes other than those described in this policy.

SUNGAME may also use third-party companies to provide various services (including but not limited to instant messaging and advertising) when you use this website. If you use those services, the internet protocol address (IP address) of the computer you are using to access the website may be disclosed to those third-party companies, and we may use attributes (including but not limited to age and gender) that you provide in your public profile to display relevant ads to you. SUNGAME is not responsible for the privacy practices of these third-party companies or any other external websites linked to this site. We encourage you to read the privacy statements of these other websites when you leave our website.

If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer at: support@Sungame.com.

 

By using this website you acknowledge that

1)      we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;

2)      we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and

3)      we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

You may not use the Service for any unlawful purpose. If you use this service unlawfully we will pass along all information to law enforcement. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

We do not share any personal information with third parties, and we do not send advertising to our members.

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.

We may use third-party advertising companies, such as Yahoo!, Google, and Microsoft, to serve ads when you visit our website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you.

We may use Your personal information for a number of different business purposes, for example to:

1)      create and display Your online dating profile to other users of the Website;

2)      show other users when You have viewed their profiles;

3)      compare Your profile and preferences with that of other users to provide both You and other users with potential matches;

4)      provide customer support to assist You with Your questions or complaints;

5)      conduct surveys in order to improve our services;

6)      advise You of changes to our services, or new services that we may implement from time to time;

7)      measure and improve the effectiveness of our Website or our marketing endeavours;

8)      detect and protect against fraud and error;

9)      track and analyze Your preferences to better understand Your service needs and eligibility; and

10)  for other purposes as described in this Policy.

 

 

 

REMOVAL OF INFORMATION

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

 

Links to Third Party Sites

The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by SUNGAMEand you acknowledge that SUNGAMEis not responsible for any content on any linked site. SUNGAMEprovides links as a convenience only, and the inclusion of any link does not imply endorsement by SUNGAME of any linked site.

 

Updates to this Agreement

We may occasionally update this Agreement. When we do, we will revise the "last updated" date on the Agreement, and you may view the most current version at www.Sungame.com. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Site or to subscribe to the Service, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and SUNGAME regarding the Site and the Service.

 

Export Control

The United States controls the export of products and information and some other countries may prohibit certain materials, specifically pornography, from importation.  You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export or import control laws.  By downloading the Materials (including Software), you are agreeing that you are transacting with a country where such export or import is prohibited or are a person or entity to which such export is prohibited.  You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

 

General Legal Notices

SUNGAME’sfailure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. SUNGAMEwill have no liability to you for any failure or delay in the performance of its obligations under this Agreement on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, internet outages, computer virus, acts of god, war, governmental action, or any other cause that is beyond Sophia's reasonable control.

By using the Service, you consent to receiving electronic communications from SUNGAME. These communications will include notices about your subscription and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

This Agreement is governed by the laws of the State of New York, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose. You irrevocably consent to the exclusive jurisdiction of the federal, state and local courts located within the County of Nassau, New York, or the Eastern District of New York.

 

Contacting SUNGAME

If you have any questions or concerns about this Agreement or the Site or Service, please send us a thorough description by email to support@Sungame.com.

 

 

TERMS OF SALE

 

PAYMENTS, TAXES, AND REFUND POLICY

You agree that you will pay for all products you purchase through the Services, and that Sungame may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SUNGAME WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

 

Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable.

 

All sales and rentals of products are final.

Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Sungame.

 

PRODUCT DELIVERY

The product is delivered in the US within 3 days, free shipping by FedEx and within 10 days with a $25 shipping fee (max 10 units/order) to all other countries.

 

GIFT CERTIFICATES, CREDIT, ALLOWANCES, AND CONTENT CODES

Gift Certificates, Credits, and Allowances are issued and managed by SungameCorp. (“Issuer”).

Gift Certificates, Credit, Content Codes, and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gifts, Gift Certificates, or Credits; used to provide Allowances; used for purchases on the Sungame’s websites; or used in Sungame Retail Stores. Unused balances are not transferable.

 

Gift Certificates, Credits, Content Codes, and Allowances purchased in the United States may be redeemed through the Services only in the United States, its territories, and possessions.

The Gift Certificate/Credit cash value is 1/10 of one cent.

 

Neither Issuer nor Sungame is responsible for lost or stolen Gift Certificates, Credits, Content Codes, or Allowances. Risk of loss and title for Gift Certificates, Credits, and Allowances transmitted electronically pass to the purchaser in Virginia upon electronic transmission to the recipient. Risk of loss and title for Content Codes transmitted electronically pass in New York upon electronic transmission from Sungame; for avoidance of doubt, such recipient may not always be you.

Sungame reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, Credits, Content Code, or Allowance is fraudulently obtained or used on the Service.

SUNGAME, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, CREDITS, CONTENT CODES, ALLOWANCES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, CREDITS, CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, CREDITS, CONTENT CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.

 

GIFTS

Gifts purchased from the Services may be purchased only for, and redeemed only by, persons in the United States, its territories, and possessions. Gift recipients must have compatible hardware and parental control settings to utilize some gifts.

 

PRE-ORDERS

By pre-ordering products, you are authorizing the Services to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available.

 

ELECTRONIC CONTRACTING

Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Sungame is not responsible for typographic errors.

 

TERMS AND CONDITIONS

THIS LEGAL AGREEMENT BETWEEN YOU AND SUNGAME INC. ("SUNGAME") GOVERNS YOUR USE OF THE SUNGAME STORE SERVICE (THE “SUNGAME SERVICE”).

 

THE Sungame STORE SERVICE

Sungame is the provider of the Sungame Service, which permits you to purchase or rent digital content ("Sungame Products") for end user use only under the terms and conditions set forth in this Agreement.


REQUIREMENTS FOR USE OF THE SUNGAME SERVICE

This Sungame Service is only available for individuals aged 13 years or older, unless you are under 13 years old and your Sungame ID was provided to you as a result of a request by an approved educational institution. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

The Sungame Service is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Sungame Service from outside these locations. Sungame may use technologies to verify your compliance.

Use of the Sungame Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Sungame Service and may be required for certain transactions or features and to download Sungame Products previously purchased from the Sungame Service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Sungame Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Sungame Service.

 

YOUR ACCOUNT

As a registered user of the Sungame Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Sungame of any security breach of your Account. Sungame shall not be responsible for any losses arising out of the unauthorized use of your Account.

You agree to provide accurate and complete information when you register with, and as you use, the Sungame Service ("Sungame Registration Data"), and you agree to update your Sungame Registration Data to keep it accurate and complete. You agree that Sungame may store and use the Sungame Registration Data you provide for use in maintaining and billing fees to your Account.

 

AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES

When you first acquire music Sungame Products and music video Sungame Products (collectively, “Sungame Auto-Delivery Content”), you may elect to automatically receive (“auto-download”) copies of such Sungame Auto-Delivery Content.  Some Content that you previously purchased may not be available for subsequent download at any given time, and Sungame shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased Sungame Content, once you download an item of Sungame Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.

 

Some pieces of Sungame Eligible Content may be large, and significant data charges may result from delivery of such Sungame Eligible Content over a data connection.

 

You hereby agree to use Sungame Match only for lawfully acquired content. Any use for illegitimate content infringes the rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

 

PRIVACY

The Sungame Service is subject to Sungame's Privacy Policy.

Sungame will, from time to time, automatically collect information on you, your areas of interest, buying patters, and other information. This information will be stored anonymously and will not be associated with your name or Account. Sungame will use this information, as well as other information, to give personalized recommendations to you.

Sungame may only use this information and combine it with aggregated information from the Sungame libraries of other users who also opt in to this feature, your Sungame Store purchase history data, aggregated purchase history data from other Sungame Store users, and other information obtained from third parties, to:

 

At all times your information will be treated in accordance with Sungame’s Privacy Policy.

 

CONTENT AVAILABILITY

Sungame reserves the right to change content options (including eligibility for particular features) without notice.

 

USE OF PURCHASED OR RENTED CONTENT

You agree that the Sungame Service and certain Sungame Products include security technology that limits your use of Sungame Products and that, whether or not Sungame Products are limited by security technology, you shall use Sungame Products in compliance with the applicable usage rules established by Sungame and its licensors (“Usage Rules”), and that any other use of the Sungame Products may constitute a copyright infringement. Any security technology is an inseparable part of the Sungame Products. Sungame reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Sungame for compliance purposes, and Sungame reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Sungame Service by any means other than through software that is provided by Sungame for accessing the Sungame Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Sungame Service. Violations of system or network security may result in civil or criminal liability.

 

The delivery of Sungame Products does not transfer to you any commercial or promotional use rights in the Sungame Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Sungame Product.

You acknowledge that, because some aspects of the Sungame Service, Sungame Products, and administration of the Usage Rules entails the ongoing involvement of Sungame, if Sungame changes any part of or discontinues the Sungame Service, which Sungame may do at its election, you may not be able to use Sungame Products to the same extent as prior to such change or discontinuation, and that Sungame shall have no liability to you in such case.

 

UPLOADING CONTENT, IDEAS, APPS, etc.

You own all of the content and information you post on Sungame, and you can control how it is shared through your privacy and application settings. In addition:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Use Policy and Platform Page.)

When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture).

We always appreciate your feedback or other suggestions about Sungame, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

 

THIRD-PARTY MATERIALS

Certain content, Sungame Products, and services available via the Sungame Service may include materials from third parties. Sungame may provide links to third-party websites as a convenience to you. You agree that Sungame is not responsible for examining or evaluating the content or accuracy and Sungame does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Sungame is not in any way responsible for any such use by you.

 

OBJECTIONABLE MATERIAL

You understand that by using the Sungame Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Sungame Service at your sole risk and Sungame shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Sungame Product types and descriptions are provided for convenience, and you agree that Sungame does not guarantee their accuracy.

 

IMPORTANT SAFETY INFORMATION

To avoid muscle, joint, or eye strain during your use of the products offered through the Sungame Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the Sungame Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the Sungame Service for signs of symptoms.

 

INTELLECTUAL PROPERTY

You agree that the Sungame Service, including but not limited to Sungame Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Sungame Service, contains proprietary information and material that is owned by Sungame and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Sungame Service in compliance with this Agreement. No portion of the Sungame Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Sungame Service in any manner, and you shall not exploit the Sungame Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Sungame and its licensors reserve the right to change, suspend, remove, or disable access to any Sungame Products, content, or other materials comprising a part of the Sungame Service at any time without notice. In no event will Sungame be liable for making these changes. Sungame may also impose limits on the use of or access to certain features or portions of the Sungame Service, in any case and without notice or liability.

All copyrights in and to the Sungame Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Sungame and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SUNGAME SERVICE, EXCEPT FOR USE OF THE SUNGAME SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

 

Sungame, the Sungame logo, Sungame, and other Sungame trademarks, service marks, graphics, and logos used in connection with the Sungame Service are trademarks or registered trademarks of Sungame Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Sungame Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

 

TERMINATION

If you fail, or Sungame suspects that you have failed, to comply with any of the provisions of this Agreement, Sungame, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Sungame Service (or any part thereof).

Sungame reserves the right to modify, suspend, or discontinue the Sungame Service (or any part or content thereof) at any time with or without notice to you, and Sungame will not be liable to you or to any third party should it exercise such rights.

 

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

SUNGAME DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SUNGAME SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SUNGAME MAY REMOVE THE SUNGAME SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SUNGAME SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SUNGAME SERVICE IS AT YOUR SOLE RISK. THE SUNGAME SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SUNGAME SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY SUNGAME) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL SUNGAME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SUNGAME SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SUNGAME SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SUNGAME SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUNGAME'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

SUNGAME SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SUNGAME SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SUNGAME HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

SUNGAME DOES NOT REPRESENT OR GUARANTEE THAT THE SUNGAME SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SUNGAME DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY SUNGAME PRODUCTS PURCHASED OR RENTED FROM THE SUNGAME STORE.

 

WAIVER AND INDEMNITY

BY USING THE SUNGAME SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SUNGAME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SUNGAME SERVICE, OR ANY ACTION TAKEN BY SUNGAME AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SUNGAME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SUNGAME SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SUNGAME'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

 

CHANGES

Sungame reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Sungame Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Sungame Service will be deemed acceptance thereof.

 

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Sungame and governs your use of the Sungame Service, superseding any prior agreements between you and Sungame. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Sungame's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Sungame will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Sungame Service is operated by Sungame from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Sungame Service. All transactions on the Sungame Service are governed by New York law, without giving effect to its conflict of law provisions. Your use of the Sungame Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Sungame or relating in any way to your use of the Sungame Service resides exclusively in the courts in the State of New York. Risk of loss and title for all electronically delivered transactions pass to the purchaser in New York upon electronic transmission to the recipient. No Sungame employee or agent has the authority to vary this Agreement.

Sungame may notify you with respect to the Sungame Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Sungame Service. Notices shall become effective immediately.

Sungame reserves the right to take steps Sungame believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Sungame has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Sungame believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Sungame's right to cooperate with any legal process relating to your use of the Sungame Service and/or Sungame Products, and/or a third-party claim that your use of the Sungame Service and/or Sungame Products is unlawful and/or infringes such third party's rights).

 

LICENSING CONDITIONS

THIS LEGAL AGREEMENT BETWEEN YOU AND SUNGAME INC. ("SUNGAME") GOVERNS YOUR USE OF THE SUNGAME STORE AND SERVICES (THE “LICENSING SERVICES”).

 

THE SUNGAME STORE SERVICES

Sungame is the provider of the Licensing Services that permit you to license software products and digital content (the “Licensing Products”) for end user use only under the terms and conditions set forth in this Agreement. For Products (defined below), end users may be individuals acting in their own capacities, commercial enterprises or educational institutions.

 

REQUIREMENTS FOR USE OF THE LICENSING SERVICES

These Licensing Services are only available for individuals aged 13 years or older, unless you are under 13 years old and your Sungame ID was provided to you as a result of a request by an approved educational institution. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

The Licensing Services are available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Licensing Services from outside these locations. Sungame may use technologies to verify your compliance.

Use of the Licensing Services requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software (including, but not limited to Sungame Store software) is recommended to access the Licensing Services and may be required for certain transactions or features and to download Licensing Products previously purchased from the Licensing Services. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Licensing Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Licensing Services.

 

YOUR ACCOUNT

As a registered user of the Licensing Services, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Sungame of any security breach of your Account. Sungame shall not be responsible for any losses arising out of the unauthorized use of your Account.

You agree to provide accurate and complete information when you register with, and as you use, the Licensing Services ("Licensing Registration Data"), and you agree to update your Licensing Registration Data to keep it accurate and complete. You agree that Sungame may store and use the Licensing Registration Data you provide for use in maintaining and billing fees to your Account.

 

AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES

As an accommodation to you, subsequent to acquiring Eligible Content, you may download certain of such previously-purchased Eligible Content onto any Associated Device. Some Eligible Content that you previously purchased may not be available for subsequent download at any given time, and Sungame shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased Eligible Content, once you download an item of Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.

 

 

PRIVACY

The Licensing Services are subject to Sungame's Privacy Policy.

 

USE OF LICENSING PRODUCTS AND THE LICENSING SERVICES

You agree that the Licensing Services and certain Licensing Products include security technology that limits your use of Licensing Products and that, whether or not Licensing Products are limited by security technology, you shall use Licensing Products in compliance with the applicable usage rules established by Sungame and its principals (“Usage Rules”), and that any other use of the Licensing Products may constitute a copyright infringement. Any security technology is an inseparable part of the Licensing Products. Sungame reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Sungame for compliance purposes, and Sungame reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Licensing Services by any means other than through software that is provided by Sungame for accessing the Licensing Services. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Licensing Services. Violations of system or network security may result in civil or criminal liability.

The delivery of Licensing Products does not transfer to you any promotional use rights in the Licensing Products.

You acknowledge that, because some aspects of the Licensing Services, Licensing Products, and administration of the Usage Rules entails the ongoing involvement of Sungame, if Sungame changes any part of or discontinues the Licensing Services, which Sungame may do at its election, you may not be able to use Licensing Products to the same extent as prior to such change or discontinuation, and that Sungame shall have no liability to you in such case.

 

SUBMISSIONS TO THE LICENSING SERVICES

The Licensing Services may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Licensing Services accessible and viewable by other users of the Licensing Services and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Licensing Services. You hereby grant Sungame a worldwide, royalty-free, nonexclusive license to use such materials as part of the Licensing Services, and in relation to Licensing Products, without any compensation or obligation to you. Sungame reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. You may not submit reviews or ratings for Products downloaded using a promotional Content Code.

Sungame has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Licensing Services, to investigate any reported or apparent violation of this Agreement, and to take any action that Sungame in its sole discretion deems appropriate, including, without limitation, termination hereunder or under Sungame’s Copyright Policy

 

THIRD-PARTY MATERIALS

Certain content, Licensing Products, and services available via the Licensing Services may include materials from third parties. Sungame may provide links to third-party websites as a convenience to you. You agree that Sungame is not responsible for examining or evaluating the content or accuracy and Sungame does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Sungame is not in any way responsible for any such use by you.

 

OBJECTIONABLE MATERIAL

You understand that by using the Licensing Services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Licensing Services at your sole risk and Sungame shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Licensing Product types and descriptions are provided for convenience, and you agree that Sungame does not guarantee their accuracy.

 

INTELLECTUAL PROPERTY

You agree that the Licensing Services, including but not limited to Licensing Products, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Licensing Services, contain proprietary information and material that is owned by Sungame and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Licensing Services in compliance with this Agreement. No portion of the Licensing Services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Licensing Services in any manner, and you shall not exploit the Licensing Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Sungame and its principals reserve the right to change, suspend, remove, or disable access to any Licensing Products, content, or other materials comprising a part of the Licensing Services at any time without notice. In no event will Sungame be liable for making these changes. Sungame may also impose limits on the use of or access to certain features or portions of the Licensing Services, in any case and without notice or liability.

All copyrights in and to the Licensing Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Sungame and/or its principals, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE LICENSING SERVICES, EXCEPT FOR USE OF THE LICENSING SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Sungame, the Sungame logo, Sungame, the Store, and other Sungame trademarks, service marks, graphics, and logos used in connection with the Licensing Services are trademarks or registered trademarks of Sungame Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Licensing Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

 

TERMINATION

If you fail, or Sungame suspects that you have failed, to comply with any of the provisions of this Agreement, Sungame, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Licensing Services (or any part thereof).

Sungame reserves the right to modify, suspend, or discontinue the Licensing Services (or any part or content thereof) at any time with or without notice to you, and Sungame will not be liable to you or to any third party should it exercise such rights.

 

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

SUNGAME DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE LICENSING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SUNGAME MAY REMOVE THE LICENSING SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE LICENSING SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE LICENSING SERVICES IS AT YOUR SOLE RISK. THE LICENSING SERVICES AND ALL PRODUCTS AND LICENSING SERVICES DELIVERED TO YOU THROUGH THE LICENSING SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY SUNGAME) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL SUNGAME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE LICENSING SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE LICENSING SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LICENSING SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUNGAME'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

SUNGAME SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE LICENSING SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SUNGAME HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

SUNGAME DOES NOT REPRESENT OR GUARANTEE THAT THE LICENSING SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SUNGAME DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY LICENSING PRODUCTS PURCHASED FROM THE LICENSING SERVICES.

 

WAIVER AND INDEMNITY

BY USING THE LICENSING SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SUNGAME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE LICENSING SERVICES, OR ANY ACTION TAKEN BY SUNGAME AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SUNGAME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE LICENSING SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SUNGAME'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

CHANGES

 

Sungame reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Licensing Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Licensing Services will be deemed acceptance thereof.

 

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Sungame and governs your use of the Licensing Services, superseding any prior agreements between you and Sungame. You also may be subject to additional terms and conditions that may apply when you use affiliate services, certain Licensing Products, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Sungame's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Sungame will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Licensing Services are operated by Sungame from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Licensing Services. All transactions on the Licensing Services are governed by New York law, without giving effect to its conflict of law provisions. Your use of the Licensing Services may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Sungame or relating in any way to your use of the Licensing Services resides in the courts in the State of New York. Risk of loss and title for all electronically delivered transactions pass to the purchaser in New York upon electronic transmission to the recipient. No Sungame employee or agent has the authority to vary this Agreement.

Sungame may notify you with respect to the Licensing Services by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the Licensing Services. Notices shall become effective immediately.

Sungame reserves the right to take steps Sungame believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Sungame has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Sungame believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Sungame's right to cooperate with any legal process relating to your use of the Licensing Services and/or Licensing Products, and/or a third-party claim that your use of the Licensing Services and/or Licensing Products is unlawful and/or infringes such third party's rights).

 

STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS

If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law. If New York law is precluded, this Agreement shall be construed under the laws of the state in which your public educational or government institution is located.

 

ADDITIONAL TERMS AND CONDITIONS

LICENSE OF PRODUCTS

The software products made available through Sungame (collectively, the “Store Products”) are licensed, not sold, to you. There are two (2) categories of Store Products, as follows: (i) those Store Products that have been developed, and are licensed to you, by Sungame( “Sungame Products”); and (ii) those Store Products that have been developed, and are licensed to you, by a third-party developer ( “Third-Party Products”). The category of a particular Store Product (Sungame Product or Third-Party Product) is identified on the Store application.

Your license to each Store Product is subject to the Licensed Application End User License Agreement set forth below, and you agree that such terms will apply unless the Store Product is covered by a valid end user license agreement entered into between you and the licensor of that Store Product (the “Application Provider”), in which case the Application Provider’s end user license agreement will apply to that Store Product. The Application Provider reserves all rights in and to the Store Product not expressly granted to you.

You acknowledge that the license to each Sungame Product that you obtain through the App Store Services, as defined below, is a binding agreement between you and Sungame. You acknowledge that: you are acquiring the license to each Third-Party Product from the Application Provider; Sungame is acting as agent for the Application Provider in providing each such Third-Party Product to you; and Sungame is not a party to the license between you and the Application Provider with respect to that Third-Party Product. The Application Provider of each Third-Party Product is solely responsible for that Third-Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party Product.

You acknowledge and agree that Sungame and its subsidiaries are third-party beneficiaries of the Licensed Application End User License Agreement or the Application Provider’s end user license agreement, as the case may be, for each Third-Party Product. You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Product, Sungame will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.

 

PURCHASES

Certain Store Products may include functionality that enables you to receive additional services, or licenses to additional functionality or content for use within the Store Product ("Purchases"). Purchases that are consumed during the use of the Store Product (for example, virtual ammunition) cannot be transferred among devices; can be downloaded only once; and after being downloaded, cannot be replaced. Once a consumable Purchase is acquired and received by you, Sungame shall be without liability to you in the event of any loss, destruction, or damage. All Purchases are deemed Store Products, and Purchases received within Third-Party Products are deemed Third-Party Products, and treated as such, for purposes of these terms and conditions.

 

SUBSCRIPTIONS

Certain Store Products may include functionality that enables you to acquire content on a subscription basis (“Subscriptions”). Paid Subscriptions are non-refundable. Subscriptions will automatically renew for the applicable time period you have selected, and, where applicable, your Account will be charged no more than 24-hours prior to the expiration of the current Subscription. You may cancel automatic renewal of paid Subscriptions by selecting Manage Subscriptions in your Account and selecting the subscription you want to modify. The auto-renew feature of the subscription will be turned off if the Application Provider increases the price of the subscription. You may cancel free Subscriptions by deleting the Store Product. Certain paid Subscriptions may offer a free trial period prior to charging your Account. If you decide you do not want to purchase the In App Subscription, turn off auto-renewal in your Account settings during the free trial period. You should also review additional information about the paid Subscription offer at the point of sale within the Store Product. We may ask for your permission to provide the name, email address and zip code listed in your Account to the Application Provider so that the Application Provider can send you marketing messages about its own products in accordance with its publicly posted privacy policy. Once the Application Provider has this information, it will be treated in accordance with the Application Provider’s privacy policy. We encourage you to learn about the privacy practices of the Application Provider before agreeing to give it your personal information. For more information, please review the Application Provider’s privacy policy or contact the Application Provider directly.

 

STORE PRODUCT USAGE RULES

Except as otherwise set forth herein,

(i) If you are an individual acting in your personal capacity, you may download and use an application from the Store (“Store Product”) for personal, non-commercial use that you own or control.

(ii) If you are a commercial enterprise or educational institution, you may download a Store Product for use by either (a) a single individual on each Computer(s) used by that individual that you own or control or (b) multiple individuals on a single shared Computer that you own or control. For example, a single employee may use a Store Product on both the employee’s desktop and laptop Computer, or multiple students may serially use a Store Product on a single Computer located at a resource center or library. For the sake of clarity, each Mac Computer used serially by multiple users requires a separate license.

(iii) Use may require sign-in with the Sungame ID used to download the Store Product from the Store. Store Products can be updated through the Store only.

 

APP STORE PRODUCT USAGE RULES

(i) If you are an individual acting in your personal capacity, you may download and sync an Store Product for personal, noncommercial use on any computer you own or control.

(ii) If you are a commercial enterprise or educational institution, you may download and sync an Store Product for use by either (a) a single individual on one or more Devices used by that individual that you own or control or (b) multiple individuals, on a single shared Device you own or control. For the sake of clarity, each Device used serially by multiple users requires a separate license.

 

IMPORTANT SAFETY INFORMATION

To avoid muscle, joint, or eye strain during video game play, you should always take frequent breaks from playing, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or similar symptoms, and stop playing immediately and see a doctor if they occur during game play. Parents should monitor their children’s video game play for signs of symptoms.

 

 

LICENSED APPLICATION END USER LICENSE AGREEMENT

The Store Products and Store Products (collectively, “Store Product(s)”) made available through the Store Service (“Store Service(s)”) are licensed, not sold, to you. Your license to each Store Product that you obtain through the Store Services is subject to your prior acceptance of this Licensed Application End User License Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each Store Product that you license through the Store Service, unless that Store Product is covered by a valid end user license agreement between you and the Application Provider of that Store Product, in which case the terms of that separate end user license agreement will govern. Your license to any Sungame Product under this Standard EULA or separate end user license agreement is granted by Sungame, and your license to any Third-Party Product under this Standard EULA or separate end user license agreement is granted by the Application Provider of that Third-Party Product. Any Store Product that is subject to the license granted under this Standard EULA is referred to herein as the “Licensed Application”. The Application Provider or Sungame as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

 

a. Scope of License:. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

 

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

 

c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.

 

d. External Services; Third-Party Materials. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and use of certain External Services requires you to accept additional terms. By using this software in connection with anSungame Store account, you agree to the latest Sungame Store Terms and Conditions and Usage Rules.

You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

Financial information displayed by any External Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the External Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services.

You agree that the External Services contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third party or Sungame. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.

In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the Sungame Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.

 

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

 

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. The laws of the State of New York, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

 

Privacy Policy

 

Collection and Use of Personal Information

Personal information is data that can be used to identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with Sungame or a Sungame affiliated company. Sungame and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising.  You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

Here are some examples of the types of personal information Sungame may collect and how we may use it.

What personal information we collect


How we use your personal information


Collection and Use of Non-Personal Information

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies

Sungame’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

Sungame and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. If you do not want to receive ads with this level of relevance on your mobile device, you can opt out by accessing your preferences. If you opt out, you will continue to receive the same number of mobile ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to the content on a web page or in an application or based on other non-personal information. Opting out through your preferences applies only to Sungame advertising services and does not affect interest-based advertising from other advertising networks. 

Sungame and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Sungame more convenient and personal. For example, knowing your first name lets us welcome you the next time you visit the Sungame Store. Knowing your country and language − and if you are an educator, your school − helps us provide a customized and more useful shopping experience. Knowing someone using your computer or device has shopped for a certain product or used a particular service helps us make our advertising and email communications more relevant to your interests. And knowing your contact information, product serial numbers, and information about your computer or device helps us register your products, personalize your operating system, and provide you with better customer service.

If you want to disable cookies preferences and then to the privacy pane to disable cookies. For other browsers, check with your provider to find out how to disable cookies. Please note that certain features of the Sungame website will not be available once cookies are disabled.

As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Sungame may use this information in our marketing and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on the Sungame website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers. 

Disclosure to Third Parties

At times Sungame may make certain personal information available to strategic partners that work with Sungame to provide products and services, or that help Sungame market to customers. For example, when you purchase and activate your iPhone, you authorize Sungame and your carrier to exchange the information you provide during the activation process to carry out service. If you are approved for service, your account will be governed by Sungame and your carrier’s respective privacy policies. Personal information will only be shared by Sungame to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

Service Providers

Sungame shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Sungame operates.

Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Sungame to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Protection of Personal Information

Sungame takes the security of your personal information very seriously.  Sungame online services such as the Sungame Store protect your personal information during transit using encryption such as Transport Layer Security (TLS). When your personal data is stored by Sungame, we use computer systems with limited access housed in facilities using physical security measures. Some data is stored in encrypted form when we utilize third party storage.

When you use some Sungame products, services, or applications or post on a Sungame forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

Integrity and Retention of Personal Information

Sungame makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Access to Personal Information

You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account preferences. For other personal information we hold, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if Sungame is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. 

Children

We do not knowingly collect personal information from children under 13 except where a parent has set up a Sungame ID for their child through the Sungame ID for Students program and provided Sungame with verified parental consent. If we learn that we have collected the personal information of a child under 13 without first receiving verifiable parental consent we will take steps to delete the information as soon as possible.

Location-Based Services

To provide location-based services on Sungame products, Sungame and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Sungame computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by Sungame and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services.

Third-Party Sites and Services

Sungame websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

International Users

All the information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. Sungame abides by the “safe harbor” frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland.

Our Companywide Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to Sungame employees and strictly enforce privacy safeguards within the company.

Privacy Questions

If you have any questions or concerns about Sungame’s Privacy Policy or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please contact us.  You can always contact us by phone at the relevant Sungame Support number.

All such communications are examined and replies issued where appropriate as soon as possible.  If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction.  If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.

Sungame may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

 

 

Last Updated: 7 May 2014