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Please read this End-User License Agreement (EULA) and Privacy Policy (the “Agreement”) carefully, as it sets out the basis upon which use for this game is licensed. Prior to downloading and playing this game, all users will be asked for express consent to the provisions set forth in this EULA and Privacy Policy.
Definitions. For the purpose of this Agreement, the following terms shall have the attached meanings:
Effective Date. This Agreement is effective from the date the user installs the Application. Licensor may terminate this Agreement any time without notice upon User’s failure to comply with any terms or conditions of this Agreement.
Applicability of Terms and Conditions. It is a condition of User’s use of the Application that User accepts the Agreement terms as set forth below in full. Any User who does not wish to consent to the terms of this Agreement should not use the Application.
Reservation of Right to Change Terms and Conditions. Licensor reserves the right to modify, update, or remove information from this Agreement. Any changes will be effective immediately upon the point of the revised Agreement terms. Use of the Application indicates consent to this Agreement posted at the time of use.
Availability of Application. The Application is provided on an “as is” and “as available” basis. Licensor does not warrant any User will be able to access or use the Application at any given time or location. Licensor hereby disclaims any liability and damages which may arise from the inoperability, unavailability, or security vulnerabilities of the Application and any reliance Users may have on the quality, accuracy, or reliability thereof. Licensor reserves the right to make unavailable and/or cancel complete the Application to users in its sole discretion at any time.
Virtual Purchases. The Application offers options for virtual purchases. Such purchases are paid by User for purposes of purchasing cosmetics within the Application. Any Virtual Purchases made by User are available to User only so long as User’s account remains active, is not terminated due to a violation of this Agreement, and the Application remains available to the general public. In the event the Application is cancelled, shut down, or made permanently unavailable by Licensor, for any reason, no Virtual Purchases will be available to User. In such event, User hereby disclaims and waives any rights, claims or any causes of action arising out of the same. User makes all Virtual Purchases at his or her own risk. Licensor makes no representation or warranties relating to the availability or longevity of Virtual Purposes or the Application.
Licensor does not offer returns, refunds, or like for any purchases for any reason.
Prices for products are subject to change without notice. Licensor reserves the right at any time to modify or discontinue any product, service, or portion of this Application (or any part or content thereof) without notice at any time. Licensor shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.
Products or services may have limited quantities. Licensor have made every effort to display as accurately as possible the colors and images of our products that appear for sale, but they may differ. Licensor reserves the right, but is not obligated, to limit the sales of products or services to any person, geographic region or jurisdiction. Licensor may exercise this right on a case-by-case basis. Licensor reserves the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Licensor. Licensor reserves the right to discontinue any product at any time. Any offer for any product or service made on this Application is void where prohibited. Licensor does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Application will be corrected.
Accuracy, Completeness and Timeliness of Information. Licensor is not responsible if information made available on this Application is not accurate, complete or current. The material on this Application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Application is at your own risk. This Application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Application at any time, but we have no obligation to update any information on our Application. You agree that it is your responsibility to monitor changes to our Application.
Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to this Agreement.
Third-Party Links and Services. Certain content, products and services available via our Application may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do 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. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. For example, purchases made through this Application may be made using third party payment processors and/or the digital goods and/or associated marketplace may be third party services.
Children Users. Users under the age of thirteen (13) must have parental or guardian consent to use this Application in accordance with the terms and conditions set forth in this Agreement. Licensor recommends parents/guardians play together with any children below the age of thirteen (13). Licensor reserves the right to terminate any account upon the reasonable belief User is below the legally required age, has misrepresented their age, or has not obtained requisite consent, or that such consent does not comply with local laws regarding users who are under the age of majority. For children under the age of eighteen (18), by using this Application, you are promising that you have consent from your parent or guardian to use this Application in the manner set forth in this Agreement.
No Obligation to Monitor. Parents or guardians for children under the age of eighteen (18) are responsible for monitoring use of the Application. Licensor has no obligation (and does not) monitor User Content. User Content may be inaccurate, out of date, or inappropriate. Licensor cannot guarantee other Users of the Application will follow the terms of this Agreement. In the event of an illegal, inappropriate, or offensive event, User should seek assistance from a parent/guardian, local law enforcement, and/or cease using the Application. Licensor does retain its right to remove any User Content which Licensor, in its sole discretion, deems unnecessary, false, misleading, inappropriate, or unlawful.
Prohibited Uses. In addition to other prohibitions as set forth in this Agreement, you are prohibited from using this Application or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Application or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Application or any related website for violating any of the prohibited uses.
Personal Data. In order to participate in the Application, Users must consent to their user identification names to be shared with the Application from outside entities such as Twitch. Username identifications along with any corresponding personal data (including but not limited to name, phone number, and address or any other personally identifiable information that is capable of identifying a natural person)(“Personal Data”) will be stored by Licensor. Licensor will take all reasonable precautions to protect Personal Data provided and/or transferred via Twitch accounts. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed for be 100% secure. Licensor makes no representation or warranties of any kind relating to website security breaches, hacking, or other cyber infiltration of this website. Users acknowledge their information may be at risk of unforeseen disclosure in the event of a cybersecurity breach.
User Indemnity. User agrees to defend, indemnify, and hold harmless Licensor for any and all losses, claims, liability, or damages arising out of, or incurred in connection with, User’s use of the Application.
User Warranties. User represents and warrants to Licensor that User has all requisite power and authority to agree to and deliver this Agreement and to perform all obligations set forth hereunder. This Agreement has been duly and validly agreed to and delivered by User and constitutes a valid and binding obligation of the User, enforceable against the User in accordance with its terms.
Limitation of Licensor Warranties. Licensor hereby warrants to Users that Licensor is the owner of this Application and Documentation and has the right to grant Users a license to use the Application and Documentation in the manner and for the purposes set forth in this Agreement without violating any rights of a third party. Licensor represents and warrants that, to its knowledge, no Application software infringes on any patent, copyright, or other intellectual property right of a third party. This warranty does not cover any modifications made to the Application software by Users, which is strictly prohibited. No agent of Licensor is authorized to make any warranties or to modify this limited warranty.
Disclaimer of Licensor Warranties. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF, AND THIS AGREEMENT EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITHOUT LIMITATION, (A) ANY WARRANTY THAT THE APPLICATION SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (B) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND (C) ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE BY A USER. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE APPLICATION , THAT THE USE OF THE APPLIATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO VERBAL OR WRITTEN ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESTNATIVE SHALL CREATE A WARRANTY.
Copyright and Intellectual Property. Users may not use this Application or any of its associated intellectual property or Documentation to develop software or design, develop, manufacture, sell, or license third-party devises or accessories associated without prior consent. Users shall not distribute any copyright, trademark, or other proprietary information to any third-party without Licensor’s prior written consent. Users shall not share or distribute through this Application any material in violation of copyrights or trademark rights held by the owner of the material.
Licensed Software. Subject to the terms and conditions of this Agreement, Licensor grants Users a non-exclusive, non-transferable and non-sublicensable license, solely for each Users’ personal non-commercial usage, to install and deploy the Application software in accordance with the terms of this Agreement. For the avoidance of doubt, Users are solely responsible for providing and ensuring a proper, secure hosted or other operating environment on which any and all software will operate. Users are not permitted to utilize this Application for any other purpose. Users are solely responsible for all system administration related tasks including, but not limited to, network connectivity issues and logging problems or errors for the duration of the licensure period. By opening, downloading, installing, copying or otherwise using the Application, any other materials included with the Application’s software, User agrees to be bound by the terms of this Agreement.
Limitation of Use: Reverse Engineering. Users are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble all or any portion of the Application without prior written consent or unless otherwise expressly permitted by applicable law.
Use Standards. Users shall follow all applicable federal, state, and local laws when interacting with the Application, including intellectual property laws. Users shall not engage in any illegal or otherwise obscene, hateful, inflammatory, threatening, harassing, sexually explicit, or deceptive manner in any way including promotion of violence, discrimination, or illegal activity.
Ownership of Materials. All title, ownership rights and intellectual property rights in the Application including its software (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, choreographies, videos, and audio-visual effects), and any other proprietary rights in or related to this Application and its related software are and will remain the exclusive property of Licensor. Users will not acquire any right in the Application or its software. Licensor will own all rights in any copy, translation, modification, adaptation, or derivation of the Application and its affiliated software or other items of confidential nature, except Users’ confidential information, including any improvement or development thereof.
Termination of Licenses. Licensor shall provide Users with perpetual licenses subject to the terms set forth in this Agreement. Licensor may terminate this Agreement or suspend a User’s license and access to the Application and software upon any violation of this Agreement. Licensor has and reserves all rights and remedies that it has by operation of law or otherwise to enjoin any unlawful or unauthorized use of the Application.
Application Updates. Licensor is under no obligation under this Agreement to provide any fixes, subsequent versions, upgrades, or support for the Application. The Application is subject to modification and/or change without notice to Users. At its sole option, Licensor may make updates available to Users.
Mandatory Arbitration. The parties agree to try to resolve any dispute relating to this Agreement by negotiation. If the dispute is not resolved within thirty (30) days after written notice by either party to the other party of the existence of such a dispute, then such dispute shall be resolved by binding arbitration administered in accordance with the Commercial Rules of the American Arbitration Association before a single arbitrator having experience in commercial software technology services agreements and conducted remotely or in San Diego, California.
Limitation of Licensor Liability. LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE FROM A USER’S USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Endorsements. Any advertisements or commercial product referenced on this website or any third party websites linked herein does not constitute or imply endorsement or recommendation Licensor.
Third Party Links. The Application may contain or reference links to websites operated by third parties. Such links are provided only for convenience or advertisement purposes. Licensor does not endorse or exercise any control over the content or resources provided by third party links. Licensor hereby disclaims any liability, directly or indirectly, for any damage or loss which may arise from use or reliance on any content provided by such links. Third party links may contain terms and privacy policies which differ from ours. Licensor recommends Users review any terms and conditions for any third party links you may visit.
PRIVACY POLICY
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When using the Application we collect and store your Twitch User ID to index owned items and to store game scores. Collecting, storing, and using your Twitch User ID allows for the functions of the Application.
We may direct you to a stand alone application for in game purchases. We may provide such a stand alone application and/or third party your Twitch User ID in order to associate purchases with your account on the Application. You should review the terms of service and the privacy policy for any such stand alone application and/or third party. We are not liable to you regarding any use of such stand alone applications and/or third party services as previously explained in this Agreement.
We may use collected information to assess risk and to investigate and limit fraud, spam, the quantity of purchases by person, household, or order, and other malicious online activities in our Application, and to improve our security measures. We may also use collected information to assert our legal rights or to defend our legal rights against third parties.
We may use information we collect about you to enable us to comply with applicable laws, rules, regulations, and judicial authorities in each geographical region in which we operate.
We may use information we collect about you to create a profile of your preferences to personalize and tailor marketing or website content so that it is more likely to be of interest to you.
We may use information we collect about you to provide you more personalized offers, special offers, discounts, and/or more relevant offers via email and other direct communications, and through digital advertising. We may use your information to directly send you offers, discounts, promotion codes, events and general information. You can opt-out of certain uses of your information as explained herein.
SECTION 2 - CONSENT
How do you get my consent?
When you agree to this Agreement and/or use the Application, we imply that you consent to our collecting it and using it for the purposes described herein.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, or you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at or mailing us at:support@smashboltgames.com . You may also cease using and/or uninstall the Application.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate this Agreement.
SECTION 4 - PAYMENTS
Any purchases for or related to the Application are carried out using a stand alone application and/or through a third party. We do not handle payments. The privacy policy and terms of service of these third parties and/or stand alone applications should be considered by you.
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our Application or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy.
Links
When you click on links, they may direct you away from the Application. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We've listed them here so you that you can choose if you want to opt-out of cookies or not.
We do not currently use cookies.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 - CALIFORNIA RESIDENTS
This section applies only to California Residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), if you are a California resident, you have certain rights in relation to your personal information, subject to certain exceptions.
Right to Know and Access:
You have the right to know the personal information we collected, used, disclosed for a business purpose, and sold about you during the preceding 12 months, including the categories of sources from which we acquired your information and the categories of third parties to whom we disclosed your information for a business purpose or sold your information. General information about the personal information we collect, use, disclose and sell and the purposes of collection, use and disclosure is set forth in this Privacy Policy and this Agreement.
For information we collected that is specific to you, you have the right to request in writing from us a copy of the:
Right to Request Deletion:
You have the right to request that we delete any personal information we have collected from you or maintain about you, subject to certain exceptions. If you request that we delete your personal information, we will do so except to the extent we determine that we need the information for a business purpose and have a legal right to maintain it, in which case we will inform you of that legal exception.
Right to Opt-out of Sale of Your Personal Information:
To the extent that we receive monetary or other valuable consideration for sharing or providing access to information about you, the CCPA may deem this a “sale” of your personal information. You have a right under California law to opt-out of our “sale” of your information in this way. If you would like to exercise your right to opt-out of having your personal information shared in this way, please contact us at support@smashboltgames.com.
Right to Non-Discrimination:
We will not discriminate against you for exercising any of your CCPA rights.
Unless otherwise permitted by the CCPA, we will not do any of the following because you request to know, access, or delete your information or opt out of its sale:
How To Exercise Your CCPA Rights to Know, Access, and Request Deletion:
To assert your CCPA privacy rights, please contact us at support@smashboltgames.com.
If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
Agents.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. For any agent making a request on your behalf, we may require you to provide proof that you authorized this agent to submit a request on your behalf or that he or she has power of attorney in connection with your request to know, access or delete your personal information.
Please note that we are not required to respond more than twice per calendar year to requests to know/access your personal information.
SECTION 10 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If the Application is acquired or merged with another company, your information may be transferred to the new owners so that service may continue.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at support@smashboltgames.com.
Definitions. For the purpose of this Agreement, the following terms shall have the attached meanings:
- “Application” means “Stream Animals: Free For All”.
- “Documentation” means written, printed, electronic, or other format materials created by or otherwise made available by Licensor to describe the functionality, operational and/or performance capabilities or to assist in the use of the Application.
- “Licensor” and “We” means Smash Bolt Games LLC, an Oklahoma limited liability company.
- “User” means any person who interacts with the Application.
- “User Content” means information (including text, images, video, audio, or other media) uploaded or sent by Users within the Application or through other public messaging forums.
- “Virtual Purchases” means purchases made within the Application for the purpose of extending or enhancing a User’s participation with the Application.
Effective Date. This Agreement is effective from the date the user installs the Application. Licensor may terminate this Agreement any time without notice upon User’s failure to comply with any terms or conditions of this Agreement.
Applicability of Terms and Conditions. It is a condition of User’s use of the Application that User accepts the Agreement terms as set forth below in full. Any User who does not wish to consent to the terms of this Agreement should not use the Application.
Reservation of Right to Change Terms and Conditions. Licensor reserves the right to modify, update, or remove information from this Agreement. Any changes will be effective immediately upon the point of the revised Agreement terms. Use of the Application indicates consent to this Agreement posted at the time of use.
Availability of Application. The Application is provided on an “as is” and “as available” basis. Licensor does not warrant any User will be able to access or use the Application at any given time or location. Licensor hereby disclaims any liability and damages which may arise from the inoperability, unavailability, or security vulnerabilities of the Application and any reliance Users may have on the quality, accuracy, or reliability thereof. Licensor reserves the right to make unavailable and/or cancel complete the Application to users in its sole discretion at any time.
Virtual Purchases. The Application offers options for virtual purchases. Such purchases are paid by User for purposes of purchasing cosmetics within the Application. Any Virtual Purchases made by User are available to User only so long as User’s account remains active, is not terminated due to a violation of this Agreement, and the Application remains available to the general public. In the event the Application is cancelled, shut down, or made permanently unavailable by Licensor, for any reason, no Virtual Purchases will be available to User. In such event, User hereby disclaims and waives any rights, claims or any causes of action arising out of the same. User makes all Virtual Purchases at his or her own risk. Licensor makes no representation or warranties relating to the availability or longevity of Virtual Purposes or the Application.
Licensor does not offer returns, refunds, or like for any purchases for any reason.
Prices for products are subject to change without notice. Licensor reserves the right at any time to modify or discontinue any product, service, or portion of this Application (or any part or content thereof) without notice at any time. Licensor shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.
Products or services may have limited quantities. Licensor have made every effort to display as accurately as possible the colors and images of our products that appear for sale, but they may differ. Licensor reserves the right, but is not obligated, to limit the sales of products or services to any person, geographic region or jurisdiction. Licensor may exercise this right on a case-by-case basis. Licensor reserves the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Licensor. Licensor reserves the right to discontinue any product at any time. Any offer for any product or service made on this Application is void where prohibited. Licensor does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Application will be corrected.
Accuracy, Completeness and Timeliness of Information. Licensor is not responsible if information made available on this Application is not accurate, complete or current. The material on this Application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Application is at your own risk. This Application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Application at any time, but we have no obligation to update any information on our Application. You agree that it is your responsibility to monitor changes to our Application.
Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to this Agreement.
Third-Party Links and Services. Certain content, products and services available via our Application may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do 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. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. For example, purchases made through this Application may be made using third party payment processors and/or the digital goods and/or associated marketplace may be third party services.
Children Users. Users under the age of thirteen (13) must have parental or guardian consent to use this Application in accordance with the terms and conditions set forth in this Agreement. Licensor recommends parents/guardians play together with any children below the age of thirteen (13). Licensor reserves the right to terminate any account upon the reasonable belief User is below the legally required age, has misrepresented their age, or has not obtained requisite consent, or that such consent does not comply with local laws regarding users who are under the age of majority. For children under the age of eighteen (18), by using this Application, you are promising that you have consent from your parent or guardian to use this Application in the manner set forth in this Agreement.
No Obligation to Monitor. Parents or guardians for children under the age of eighteen (18) are responsible for monitoring use of the Application. Licensor has no obligation (and does not) monitor User Content. User Content may be inaccurate, out of date, or inappropriate. Licensor cannot guarantee other Users of the Application will follow the terms of this Agreement. In the event of an illegal, inappropriate, or offensive event, User should seek assistance from a parent/guardian, local law enforcement, and/or cease using the Application. Licensor does retain its right to remove any User Content which Licensor, in its sole discretion, deems unnecessary, false, misleading, inappropriate, or unlawful.
Prohibited Uses. In addition to other prohibitions as set forth in this Agreement, you are prohibited from using this Application or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Application or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Application or any related website for violating any of the prohibited uses.
Personal Data. In order to participate in the Application, Users must consent to their user identification names to be shared with the Application from outside entities such as Twitch. Username identifications along with any corresponding personal data (including but not limited to name, phone number, and address or any other personally identifiable information that is capable of identifying a natural person)(“Personal Data”) will be stored by Licensor. Licensor will take all reasonable precautions to protect Personal Data provided and/or transferred via Twitch accounts. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed for be 100% secure. Licensor makes no representation or warranties of any kind relating to website security breaches, hacking, or other cyber infiltration of this website. Users acknowledge their information may be at risk of unforeseen disclosure in the event of a cybersecurity breach.
User Indemnity. User agrees to defend, indemnify, and hold harmless Licensor for any and all losses, claims, liability, or damages arising out of, or incurred in connection with, User’s use of the Application.
User Warranties. User represents and warrants to Licensor that User has all requisite power and authority to agree to and deliver this Agreement and to perform all obligations set forth hereunder. This Agreement has been duly and validly agreed to and delivered by User and constitutes a valid and binding obligation of the User, enforceable against the User in accordance with its terms.
Limitation of Licensor Warranties. Licensor hereby warrants to Users that Licensor is the owner of this Application and Documentation and has the right to grant Users a license to use the Application and Documentation in the manner and for the purposes set forth in this Agreement without violating any rights of a third party. Licensor represents and warrants that, to its knowledge, no Application software infringes on any patent, copyright, or other intellectual property right of a third party. This warranty does not cover any modifications made to the Application software by Users, which is strictly prohibited. No agent of Licensor is authorized to make any warranties or to modify this limited warranty.
Disclaimer of Licensor Warranties. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF, AND THIS AGREEMENT EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITHOUT LIMITATION, (A) ANY WARRANTY THAT THE APPLICATION SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (B) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND (C) ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE BY A USER. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE APPLICATION , THAT THE USE OF THE APPLIATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO VERBAL OR WRITTEN ADVICE GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESTNATIVE SHALL CREATE A WARRANTY.
Copyright and Intellectual Property. Users may not use this Application or any of its associated intellectual property or Documentation to develop software or design, develop, manufacture, sell, or license third-party devises or accessories associated without prior consent. Users shall not distribute any copyright, trademark, or other proprietary information to any third-party without Licensor’s prior written consent. Users shall not share or distribute through this Application any material in violation of copyrights or trademark rights held by the owner of the material.
Licensed Software. Subject to the terms and conditions of this Agreement, Licensor grants Users a non-exclusive, non-transferable and non-sublicensable license, solely for each Users’ personal non-commercial usage, to install and deploy the Application software in accordance with the terms of this Agreement. For the avoidance of doubt, Users are solely responsible for providing and ensuring a proper, secure hosted or other operating environment on which any and all software will operate. Users are not permitted to utilize this Application for any other purpose. Users are solely responsible for all system administration related tasks including, but not limited to, network connectivity issues and logging problems or errors for the duration of the licensure period. By opening, downloading, installing, copying or otherwise using the Application, any other materials included with the Application’s software, User agrees to be bound by the terms of this Agreement.
Limitation of Use: Reverse Engineering. Users are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble all or any portion of the Application without prior written consent or unless otherwise expressly permitted by applicable law.
Use Standards. Users shall follow all applicable federal, state, and local laws when interacting with the Application, including intellectual property laws. Users shall not engage in any illegal or otherwise obscene, hateful, inflammatory, threatening, harassing, sexually explicit, or deceptive manner in any way including promotion of violence, discrimination, or illegal activity.
Ownership of Materials. All title, ownership rights and intellectual property rights in the Application including its software (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, choreographies, videos, and audio-visual effects), and any other proprietary rights in or related to this Application and its related software are and will remain the exclusive property of Licensor. Users will not acquire any right in the Application or its software. Licensor will own all rights in any copy, translation, modification, adaptation, or derivation of the Application and its affiliated software or other items of confidential nature, except Users’ confidential information, including any improvement or development thereof.
Termination of Licenses. Licensor shall provide Users with perpetual licenses subject to the terms set forth in this Agreement. Licensor may terminate this Agreement or suspend a User’s license and access to the Application and software upon any violation of this Agreement. Licensor has and reserves all rights and remedies that it has by operation of law or otherwise to enjoin any unlawful or unauthorized use of the Application.
Application Updates. Licensor is under no obligation under this Agreement to provide any fixes, subsequent versions, upgrades, or support for the Application. The Application is subject to modification and/or change without notice to Users. At its sole option, Licensor may make updates available to Users.
Mandatory Arbitration. The parties agree to try to resolve any dispute relating to this Agreement by negotiation. If the dispute is not resolved within thirty (30) days after written notice by either party to the other party of the existence of such a dispute, then such dispute shall be resolved by binding arbitration administered in accordance with the Commercial Rules of the American Arbitration Association before a single arbitrator having experience in commercial software technology services agreements and conducted remotely or in San Diego, California.
Limitation of Licensor Liability. LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE FROM A USER’S USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Endorsements. Any advertisements or commercial product referenced on this website or any third party websites linked herein does not constitute or imply endorsement or recommendation Licensor.
Third Party Links. The Application may contain or reference links to websites operated by third parties. Such links are provided only for convenience or advertisement purposes. Licensor does not endorse or exercise any control over the content or resources provided by third party links. Licensor hereby disclaims any liability, directly or indirectly, for any damage or loss which may arise from use or reliance on any content provided by such links. Third party links may contain terms and privacy policies which differ from ours. Licensor recommends Users review any terms and conditions for any third party links you may visit.
PRIVACY POLICY
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When using the Application we collect and store your Twitch User ID to index owned items and to store game scores. Collecting, storing, and using your Twitch User ID allows for the functions of the Application.
We may direct you to a stand alone application for in game purchases. We may provide such a stand alone application and/or third party your Twitch User ID in order to associate purchases with your account on the Application. You should review the terms of service and the privacy policy for any such stand alone application and/or third party. We are not liable to you regarding any use of such stand alone applications and/or third party services as previously explained in this Agreement.
We may use collected information to assess risk and to investigate and limit fraud, spam, the quantity of purchases by person, household, or order, and other malicious online activities in our Application, and to improve our security measures. We may also use collected information to assert our legal rights or to defend our legal rights against third parties.
We may use information we collect about you to enable us to comply with applicable laws, rules, regulations, and judicial authorities in each geographical region in which we operate.
We may use information we collect about you to create a profile of your preferences to personalize and tailor marketing or website content so that it is more likely to be of interest to you.
We may use information we collect about you to provide you more personalized offers, special offers, discounts, and/or more relevant offers via email and other direct communications, and through digital advertising. We may use your information to directly send you offers, discounts, promotion codes, events and general information. You can opt-out of certain uses of your information as explained herein.
SECTION 2 - CONSENT
How do you get my consent?
When you agree to this Agreement and/or use the Application, we imply that you consent to our collecting it and using it for the purposes described herein.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, or you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at or mailing us at:support@smashboltgames.com . You may also cease using and/or uninstall the Application.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate this Agreement.
SECTION 4 - PAYMENTS
Any purchases for or related to the Application are carried out using a stand alone application and/or through a third party. We do not handle payments. The privacy policy and terms of service of these third parties and/or stand alone applications should be considered by you.
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our Application or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy.
Links
When you click on links, they may direct you away from the Application. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We've listed them here so you that you can choose if you want to opt-out of cookies or not.
We do not currently use cookies.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 - CALIFORNIA RESIDENTS
This section applies only to California Residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), if you are a California resident, you have certain rights in relation to your personal information, subject to certain exceptions.
Right to Know and Access:
You have the right to know the personal information we collected, used, disclosed for a business purpose, and sold about you during the preceding 12 months, including the categories of sources from which we acquired your information and the categories of third parties to whom we disclosed your information for a business purpose or sold your information. General information about the personal information we collect, use, disclose and sell and the purposes of collection, use and disclosure is set forth in this Privacy Policy and this Agreement.
For information we collected that is specific to you, you have the right to request in writing from us a copy of the:
- Categories of information we have collected about you over the preceding 12 months
- The specific pieces of personal information we have collected about you (note that we will not provide any sensitive personal information we may hold in response to this type of request).
- The categories of sources from which we collected that information
- For what purpose or use we collected that information about you
- The categories of third parties with whom we shared your personal information, including
- If we disclosed your personal information for a business purpose, which categories of information we disclosed to which categories of recipients, and
- If we sold your personal information, which categories of your personal information we sold to which categories of recipients.
Right to Request Deletion:
You have the right to request that we delete any personal information we have collected from you or maintain about you, subject to certain exceptions. If you request that we delete your personal information, we will do so except to the extent we determine that we need the information for a business purpose and have a legal right to maintain it, in which case we will inform you of that legal exception.
Right to Opt-out of Sale of Your Personal Information:
To the extent that we receive monetary or other valuable consideration for sharing or providing access to information about you, the CCPA may deem this a “sale” of your personal information. You have a right under California law to opt-out of our “sale” of your information in this way. If you would like to exercise your right to opt-out of having your personal information shared in this way, please contact us at support@smashboltgames.com.
Right to Non-Discrimination:
We will not discriminate against you for exercising any of your CCPA rights.
Unless otherwise permitted by the CCPA, we will not do any of the following because you request to know, access, or delete your information or opt out of its sale:
- deny you goods or services
- charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
- provide you a different level or quality of goods or services, or
- suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services
How To Exercise Your CCPA Rights to Know, Access, and Request Deletion:
To assert your CCPA privacy rights, please contact us at support@smashboltgames.com.
If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
Agents.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. For any agent making a request on your behalf, we may require you to provide proof that you authorized this agent to submit a request on your behalf or that he or she has power of attorney in connection with your request to know, access or delete your personal information.
Please note that we are not required to respond more than twice per calendar year to requests to know/access your personal information.
SECTION 10 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If the Application is acquired or merged with another company, your information may be transferred to the new owners so that service may continue.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at support@smashboltgames.com.