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Terms of Service
OVERVIEW
Please take the time to carefully read and understand these terms of use before using any games provided by Solid Clouds. These terms and conditions, known as the "terms," form a legal agreement between you and Solid Clouds and apply to all products and services offered by Solid Clouds, both current and future.
The terms of use outline the permitted use of our services, including access to games developed, operated, or published by Solid Clouds, as well as any content provided by Solid Clouds, including but not limited to web content, sites, applications, and social media pages or public spaces operated by Solid Clouds.
By accessing, downloading, or using any of our services in any way, including through third-party platforms, you accept and agree to these terms, which are legally binding. If you do not agree to these terms, please discontinue the use of our games and services immediately.
You also represent that you have read and understand our privacy policy, and in jurisdictions where consent is required, have given consent for Solid Clouds to process your personal information. If at any time the terms are no longer acceptable to you, you may not use or continue to use our service.
Please note, these terms require binding arbitration on an individual basis to resolve disputes. If you are a resident of the United States, these terms also include a class action waiver and waiver of jury trials. If you are a resident of the European Union or the Russian Federation, please be aware that under certain circumstances, disputes may be brought before the appropriate authorities or courts in the country of residence.
1. GENERAL USE AND CHANGES
The Service provided by Solid Clouds is licensed to you for your personal use and is non-transferable. Solid Clouds reserves the right to deny or revoke access to the Service to any user who violates these terms or, where permitted by law, for any other reason without notice. To the fullest extent permitted by law, you agree that Solid Clouds may modify, suspend, or discontinue the Service or any feature or application thereof, and change the content of the Service at any time without notice or liability.
The Service is only available to users in certain jurisdictions who are required to use the Service in accordance with applicable laws. The Service may not be authorized for use in certain jurisdictions that are subject to embargoes or economic sanctions.
You may not use the Service if you do not have the legal capacity to agree to these terms under applicable law. Solid Clouds may require proof of age or parental or legal guardian consent at any time. Solid Clouds also reserve the right to block users if they suspect the user is under the applicable age.
Solid Clouds reserve the right to update, add, or remove provisions of these terms at any time by posting the updated terms on our games, Discord server, or social media pages. Additionally, we may notify you via email of any changes to these terms. The updated terms will become effective 30 days after posting. By continuing to use the Service after the updated terms have been posted, you are agreeing to the updated terms. If you do not agree with the updated terms, you must stop using the Service. These terms may be superseded by specific legal notices or terms located on certain features of the Service, which will be made available to you when you use these features. These specific legal notices or terms are incorporated into these terms and supersede any provisions of these terms that are designated as being superseded.
In order to ensure the proper operation of its services, Solid Clouds may publish rules that apply to one or more of our services, including rules on communicating with other players via our social media pages, Discord, or in-game. These rules may be updated as necessary. The location where we post these rules and any updates to them is at our discretion and may change at any time. These rules are considered an integral part of these terms. By using the service after Solid Clouds has added and applied these rules, you are agreeing to the added rules; if you do not agree with any of the updated terms or rules, you must stop using the service.
In-game rules are considered an integral part of these terms. By using the service after Solid Clouds has added and applied in-game rules to one or several games, you are agreeing to the added in-game rules; if you do not agree with any of the updated terms and in-game rules, you must stop using the service.
You understand and agree that the Service and any applications provided may change over time. To the fullest extent permitted by law, Solid Clouds may require you to download and install updates to the Service at any time without notice or liability to you. You understand and agree that updates or changes to the Service may change the system specifications required to use the Service and in such cases, you are responsible for purchasing any necessary additional software or hardware to access and use the Service. You acknowledge that when an upgrade is available, previous versions of the Service may no longer be available or supported by Solid Clouds.
2. USE OF THE SERVICE
(a) Technical Requirements: To use our Services, you may need to meet certain technical requirements. Before using the Service, please make sure you understand and meet these requirements as detailed for each service.
(b) Visitors and Guests: If you are just visiting, you can view and use certain features of the Service without registering. You can also play Games as a guest if you prefer.
(c) Account Registration: In order to access certain features of the services and games you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a user of the Service ("User," or "user") who has registered an account with us ("Account") or has a valid account on the social networking service through which the User has connected to the Service (each such account, a "Third-Party Account"). When registering an Account, you may be required to provide certain information so that we can provide you with an Account identification number. Keep your Account details and passwords secured as further described in section (g) “Registration” below. In order to protect our Services, Users, and Solid Clouds itself, we reserve the right, if necessary, to reject to register any account or to terminate it in accordance with these terms.
(d) Access through Third-Party Platforms: We use Google and Apple (each a "Third-Party Platform") as login and payment providers for our games. By using our service or making purchases in the in-game store, you are agreeing to allow Solid Clouds access to your third-party account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to Solid Clouds and/or grant Solid Clouds access to your third-party account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating Solid Clouds to pay any fees or making Solid Clouds subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Application.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and solid clouds disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.
Additionally, you agree and understand that we do not control those Third-Party Platforms and their content. You are subject to and should read the terms of use agreements and privacy policies that apply to such Third-Party Platforms.
(e) Subscription and Memberships: Subscriptions and Memberships. Some of our Services may offer the option to purchase subscriptions or timed memberships (referred to as "Subscriptions" and "Memberships" respectively). These Subscriptions and Memberships may come with additional terms specific to that option ("Subscription Terms"), such as additional end user license agreements or billing procedures. The Subscriptions and Memberships may be available at different fees, and may be charged for a set period as specified under the Subscription Terms. We reserve the right to change the fees or Subscription Terms at any time, giving you the opportunity to cancel the Subscription before the new fees take effect. When ordering a Subscription or Membership, you must ensure that all the information provided is accurate and that you have the legal capacity and necessary authorization to engage in the order as required by applicable laws. You can manage your Subscriptions and turn off auto-renewals in the account settings of your device. Subscriptions will automatically renew unless terminated by you in accordance with the terms and policies of the Third-Party Platforms. Additional information on payment processes, auto-renewal of Subscriptions, and cancellation for mobile devices can be found in the terms of use of the respective platform:
Google Play Store: https://play.google.com/about/play-terms/index.html
Apple App Store: https://www.apple.com/legal/internet-services/itunes/
(f) Referral Programs: Our Services may include referral program offers where you can invite friends to join (“Referral Programs”). To participate in a Referral Program, you may be required to agree to additional terms and conditions as well as follow certain rules. By participating in a Referral Program, you confirm that you have read and understand the terms and conditions and rules that apply to the program.
(g) Registration Data: By creating or registering an account with our Service, you agree (i) to provide accurate and current information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your account and must keep your account information and password secure, which includes not sharing login information.
If you suspect any unauthorized use of your account or a breach of security, you must notify us immediately. Additionally, you must log out of your account at the end of each session. If we have reason to believe the information provided in your account registration is false, inaccurate or incomplete, we reserve the right to terminate your account, deny access to our Service and refuse any and all current or future use of the Service (or any portion thereof). We also reserve the right to remove or reclaim any username that is deemed to violate the rights of a third party.
(h) Mobile Network Access: When utilizing the Service via a mobile network, standard rates and fees imposed by your network or roaming provider for messaging, data, and other services will apply. Your network provider may prohibit or restrict the download, installation, or use of certain features of the Service, and not all features may be compatible with your network provider or device.
3. RULES OF CONDUCT
By utilizing Solid Cloud's Service, you agree to not (or encourage another user to):
Engage in or solicit any actions that violate the guidelines of the third-party platform through which access to the Service is obtained;
Create an account under a false identity or with false information, or to create an account on behalf of someone else;
Use the Service or create an account if you have been convicted of a sexual offense;
Use the Service or possess an account if you have previously been barred or removed by Solid Clouds, or if you have been prohibited from playing any Solid Clouds game in the past;
Use your Account, the Site, or Service to send advertisements, promotional materials, or other forms of commercial communication to other users;
Participate in any illegal or unauthorized activity while using your Account or the Service;
Use or attempt to use another user's account without permission from Solid Clouds;
Use the Site or Service in any way that goes against any laws or regulations, or that is prohibited by these terms;
Use the Services for any commercial purpose or for the benefit of any third party without our express written consent; or engage in any activity that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other infrastructure of Solid Clouds or any third-party provider. The unauthorized buying, selling, trading or exploiting of any aspect of the Services, including but not limited to Accounts, Virtual Currency and Virtual Goods is strictly prohibited. Any such transactions must be conducted in accordance with the rules outlined in the Games;
Gather or harvest information about other users;
Post, request, or link to any material or conduct that is sexually explicit, threatening, embarrassing, hateful, racially, ethnically, or religiously insulting, discriminative,threatening, or hateful on the basis of gender or political views, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise considered inappropriate or offensive, as determined by Solid Clouds in its sole discretion. Violation of these terms may result in termination of your account and access to the Service.
Engage in any behavior that involves discussing, promoting, or depicting any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the safety of a child or minor. These actions will not be tolerated and will result in the termination of your account and access to our Service.
Use any functionality or features of the Site or Service for purposes other than their intended use or as outlined in these terms of service,
Enact or take part in any form of manipulative interference (malicious or not) of the normal operations of any service or product of Solid Clouds. Also, users may not engage in or take any measures that interfere with the normal operations of Solid Clouds‘ products or services. This includes but is not limited to, bots, cheats, scripts, mods, hacks, data mining or any other software that intercepts, modifies or changes game data.
Interfere with, circumvent or disable any security features or measures implemented in the Site or Service, or any aspect of it, including any feature or service available through any Third-Party Platforms.
Decode, analyze, break down, or otherwise attempt to uncover the source code or underlying concepts or algorithms of any aspect of the Service, including any feature accessible through third-party platforms, is strictly prohibited.
Engage in any other prohibited conduct;
By using Solid Clouds' Services, you represent and warrant that you are not located in a country that is subject to any governmental embargos, or that has been designated by any governmental authority as a "terrorist-supporting" country, and that you are not listed on any list of prohibited or restricted parties.
By using our Services, you represent and warrant that you are at least 10 years of age or, if you are accessing the Services from a jurisdiction that requires a person to be older in order to participate legally in the Services, you are of such legal age. Solid Clouds reserves the right to request proof of age to verify that users under the legal age are not using or accessing the Services. If you access the Services through a Social Networking Site (“SNS”), such as Facebook or Google+, you must comply with and continue to comply with the terms of service/use of that SNS in addition to our terms and conditions for the duration of your use of the Services.
Using the Service in a way that goes against these limitations is strictly prohibited and can lead to the immediate revocation of your license. It may also make you liable for breaking the law. Solid Clouds has the right to decide what conduct it considers to be in violation of these terms and can take appropriate action, such as ending your account, prohibiting you from using the Service, and/or contacting the relevant authorities.
4. VIRTUAL CURRENCY AND GOODS
The Services may offer the ability to acquire, using “Real World” money, a license to utilize virtual in-game currency known as "Virtual Currency" and virtual in-game items referred to as "Virtual Goods." This purchase can be made using recognized legal tender.
This feature is only available to users who meet the legal age requirement in their country of residence. The purchase of Virtual Currency and Virtual Goods can only be done through the Service and in accordance with the rules and policies set by the Third-Party Platforms and Solid Clouds. Any virtual currency or goods obtained through other means may be considered void and voidable by Solid Clouds at its sole discretion.
As per our terms and conditions, ALL VIRTUAL CURRENCY AND VIRTUAL GOODS ARE CONSIDERED FINAL AND NON-REFUNDABLE, unless otherwise specified by us at our discretion. You will not have any ownership or title to any Virtual Goods or Virtual Currency you acquire. The only way to redeem Virtual Currency is towards the purchase of Virtual Goods or items within the Service. Virtual Currency and Virtual Goods are not considered legal tender and cannot be reloaded, resold, transferred for value, exchanged for cash, or acquired through means other than through the Service, as outlined in the Game or by the Solid Clouds Store, or be applied to any other account, except as outlined in these terms or as required by applicable law.
The validity of Virtual Currency does not have an expiration date. However, Solid Clouds holds full authority over all Virtual Currency and Virtual Goods and, in accordance with the law, reserves the right to alter their value, make adjustments, or eliminate them at any time without any liability. Once the Virtual Goods and/or Virtual Currency are transferred to your Account, Solid Clouds' responsibility towards the purchased virtual items is considered fulfilled.
Solid Clouds does not issue refunds for purchases of Virtual Currency or Virtual Goods. These items have no real currency value, cannot be redeemed for real money and can only be used within the games offered by Solid Clouds. You are granted a limited, revocable non-transferable license to use the Virtual Currency and Virtual Goods in the games, but you do not have any ownership rights to them.
If your account is terminated or suspended for any reason, or if Solid Clouds discontinues its games, you forfeit any Virtual Currency and Virtual Goods that you have acquired. Solid Clouds has the right to manage, regulate, control, modify, or eliminate Virtual Currency and Virtual Goods as it sees fit, without liability to you or any other party. This decision is at the sole discretion of Solid Clouds and is to the fullest extent permitted by law.
5. PAYMENT OF FEES
Purchase of items on Mobile Devices or Third Party Platforms
Purchases made on mobile devices or through third-party platforms such as social network platforms will be processed through and by the respective third-party platform. The terms of use and payment of the third-party platform, as well as these terms of use, apply to these transactions. Virtual currency and goods purchased through a third-party platform will be accessible on your user account through your account registration ID, regardless of the platform you are registered on.
Purchase of items through Solid Clouds in-game store
We may ask you to provide information about your payment methods, including credit card information. We do not retain or save this information and do not process payments. Transactions are processed by third-party payment processors and providers, including acquirers, credit card issuers, and financial institutions (“Payment Service Providers”). The services provided by Payments Service Providers may be subject to the supervision of financial regulators and is subject to the Payment Service Providers terms of use that may apply on the transaction.
The payment processing may vary depending on the type of payment method you choose. Some payment methods may not be accepted by Payment Service Providers or be subject to their restrictions (such as restrictions on certain credit cards, debit cards, brands, or currency transactions). We are not liable for any payments made by you or the performance of Payment Service Providers, to the fullest extent permitted by law. By making a purchase, you accept the terms and conditions and any restrictions imposed by Payment Service Providers.
Taxes and other charges applicable
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Solid Clouds may revise the pricing for the goods and services offered through the Service at any time. Solid Clouds may also provide links to other websites or third-party services, some of which may charge separate fees, which are not included in any fees that you may pay to Solid Clouds. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Fees are non-refundable (please refer to Section 5).
Important notice: If you are located in the US, you may be subject to additional taxes including sales taxes. We may charge you for these taxes in addition to any other applicable fees. If you are located in the EU or UK, all fees include the EU and UK VAT tax. The VAT collected by us or by the third-party platform reflects the VAT due on the value of any content or services.
6. TERMS AND TERMINATION
(a) Term: These terms take effect on the date of acceptance and remain in effect while you use the service, unless terminated earlier in accordance with these terms.
(b) Termination by you: If you would like to end your agreement with these terms, you may do so by closing your account and discontinuing use of the service.
(c) Termination by us: We reserve the right to terminate or suspend your account or access to any or all of the games or services at any time, for any reason. Where required by law, we will provide you with prior notice. We reserve the right to terminate your account if we determine that you have violated or breached these terms or any applicable laws. We may also suspend the use of part of our services, including interactive features within our games in the event of a breach of these terms and our rules of conduct (as outlined in section 4).
(d) Effect of Termination: If we terminate or suspend your account, you will lose access to it and any information or features associated with it. You will not be entitled to a refund for any virtual currency or virtual goods you have acquired. Termination also includes the removal of access to features and the deletion of your password, account information, files, and content associated with it, including any content you have created. Solid Clouds will not be liable for any suspension or termination and deletion of your content to the fullest extent permitted by law. Provisions of the terms that should survive termination, such as ownership, warranty disclaimer, and limitation of liability will still apply after termination of service.
7. USER INTERACTIONS
As a user of the Service, you are fully responsible for your interactions with other users. This also applies to any individuals or entities with whom you interact, including on any platforms where Solid Clouds has a presence.
By using our services, you agree that Solid Clouds will not be held liable for the actions and statements of other users on any of our platforms, including but not limited to our Discord server and in-game chat. We strive to maintain a safe and positive community, however, user actions, including those outlined in our harassment policy, are the sole responsibility of the individual user.
While Solid Clouds has the discretion to intervene in disputes between users, it is under no obligation to do so. In the event of any suspected illegal or inappropriate activity, you agree to fully assist Solid Clouds in any investigation and to provide access to any password-protected sections of your account if requested. Furthermore, we will not be held responsible for any consequences resulting from such disputes, including but not limited to any claims or damages.
By using our services, you agree to release Solid Clouds, its officers, directors, agents, subsidiaries, joint ventures, and employees from any claims, demands, and damages arising from disputes with other users to the fullest extent permitted by law. If you are a California resident, you also waive California Civil Code §1542, which states: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
8. DISCLAIMER OF WARRANTIES
The Service is provided on an "as is" and "as available" basis and we do not guarantee that it will be uninterrupted, error-free, virus-free, or that defects will be corrected. You acknowledge that your use of the Service is at your own risk. To the fullest extent permitted by law, Solid Clouds, its officers, directors, employees, and agents, disclaim all warranties, express or implied, in connection with the Service and your use thereof, including implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, usefulness, and timeliness. Solid Clouds makes no warranties or representations about the accuracy or completeness of the content of the Service or any sites linked to the Service and assumes no liability or responsibility for any:
errors, omissions, or inaccuracies;
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party;
any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
9. LIMITATION OF LIABILITY
In no event shall Solid Clouds be liable to you for any damages arising out of or in connection with these terms and the Service, regardless of the form of the action. Our liability to you, in any case, is limited to the total amount you have paid to Solid Clouds in the twelve (12) months preceding the date of the claim giving rise to the liability.
Solid Clouds will not be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Service or other materials accessed through or downloaded from it, whether based on warranty, contract, tort, any other legal theory, or whether or not Solid Clouds has been advised of the possibility of these damages. Note that for users residing in the EU or UK, this limitation does not apply in the event of death or personal injury resulting from an act or omission by Solid Clouds.
The above limitations of liability shall apply to the fullest extent allowed by law in the applicable jurisdiction. You acknowledge that Solid Clouds shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from such actions rests entirely with you.
The above disclaimers and limitations on liability do not affect your rights as a consumer and will not limit any liability that cannot be excluded under the applicable law in your jurisdiction of residence.
10. INDEMNIFICATION
You agree to indemnify and hold harmless Solid Clouds, including its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) that may result from: (a) Your Content; (b) your use of or inability to use the Service; (c) your violation of these terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules, or regulations. If any legal action is taken against Solid Clouds, as a result of your actions, Solid Clouds reserves the right to take control of the defense and you must cooperate with Solid Clouds in asserting any available defenses. This responsibility will continue even after your account, these terms, or your access to the Service has been terminated.
11. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE
You agree that all intellectual property rights in the Service, its underlying technology and all information and content available through the Service (excluding user-generated content as defined in section 12, but including characters, ships, graphics, storylines, sounds, virtual currency, and virtual goods in the games) belong to Solid Clouds and/or its suppliers (including other users).
You acknowledge that you shall have no ownership or property interest in the account or property interest in the Account, and that all rights to the account belong to Solid Clouds.
The Service is protected by copyright laws worldwide. By using the Service, you are granted a limited, non-transferable, and revocable license to download, install, access, view, and use the Mobile Application on a device that you own or control, for your personal, non-commercial entertainment only. This license is subject to your compliance with these terms and any other Solid Clouds policies. Any other use of the Mobile Application is not permitted.
You are not allowed to use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, sell, buy, or exploit the Service or its features or components in whole or in part without the express written authorization of Solid Clouds. Additionally, any Mobile Application accessed through or downloaded from the Apple App Store must only be used on Apple-branded products running iOS and in accordance with the "Usage Rules" set forth in the Apple Media Services Terms and Conditions. You are not permitted to sell, copy, exchange, transfer, assign, or distribute anything you copy or buy from the Mobile Application without permission from Solid Clouds. Solid Clouds and its suppliers reserve all rights not granted in these terms, and there are no implied licenses.
All trademarks, logos, and service marks displayed on the Service are our property or the property of other third parties. You are not permitted to use these without our prior written consent or the consent of such third parties which may own them. Installing certain Games may include the automatic downloading of our suppliers’ software on your device or computer and these Terms of Use shall apply in regard to the use of our suppliers’ software.
12. USER CONTENT
User content: By using the Service, you acknowledge that you are willingly publishing content using technology and tools provided by Solid Clouds. Any data, text, information, files, graphics, photographs, and their selection and arrangement, that you upload, post, email, transmit, or otherwise make available through the Service (“User Content”) will be subject to unlimited commercial, non-commercial and/or promotional use by Solid Clouds. You are solely responsible for the User Content you make available and Solid Clouds will not be held responsible for any User Content. Solid Clouds reserves the right, but does not have the obligation to monitor User Content, and may regulate any User Content if it receives a complaint or in any way violates these terms wholly or partially. If required by law, Solid Clouds will inform you before or after removing the User Content you published or uploaded. To the fullest extent permitted by law, you agree that Solid Clouds will not be liable under any circumstances for any User Content, including but not limited to errors in any User Content, or any loss or damage incurred by the use of the User Content. You also understand that by using the service, you may be exposed to content you find offensive or objectionable.
Public discourse: The Service may include various features such as forums, blogs, and chat features where users can post User Content, including but not limited to observations and comments on designated topics. However, Solid Clouds cannot guarantee that other users will not use the ideas and information shared via the above-mentioned platforms. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not make it available on the Service. Solid Clouds shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the aforementioned areas, you do so at your own risk.
License to User Content: By posting content to the service, you are agreeing to grant Solid Clouds an irrevocable, transferable, non- exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the Service, including marketing and promotions of the Service. This license is for the term of the protection of the rights licensed or, where permitted by law, perpetual. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner.
You warrant and represent that you have the right to upload any content that you make available through the service.
Content ownership: Solid Clouds does not claim any ownership of the content that users upload, and these terms do not limit users' rights to use and profit from their own content. Solid Clouds is not responsible for monitoring or protecting users' intellectual property rights in their content.
Ownership of other content: In regards to content other than what you upload, you acknowledge that you do not possess any rights or ownership over any content that appears on or within the Service, including Virtual Goods or Currency obtained through any of our games, or any other attributes linked to an account or stored on the Service.
13. ADDITIONAL TERMS RELATED TO THE MOBILE APPLICATIONS
App stores: You understand that the availability of the Application and Service relies on the third-party provider through which you obtained the Application license, such as the Apple App Store or Google Play. The Terms are solely between you and Solid Clouds and not with the App Store. Solid Clouds is the only party responsible for the Service, including the Application, content, maintenance, support, and warranties, and addressing any related claims. To use the Application, you must have access to a wireless network, and you will be responsible for any associated fees. Additionally, you agree to pay any fees charged by the App Store in connection with the Service, including the Application. You must comply with all applicable third-party terms and agreements, such as the App Store's terms and policies, when using the Service, including the Application. You acknowledge that the App Store and its subsidiaries are third-party beneficiaries of the Terms and have the right to enforce them.
Additional terms for using the service in combination with the apple app store: The following terms apply to any application obtained from the Apple App Store, whether accessed through the store or downloaded from it:
You understand and agree that:
The terms and conditions outlined in this document are between you and Solid Clouds only, and not with Apple.
Solid Clouds is solely responsible for the application obtained from the Apple App Store and its content.
Your use of the application obtained from the Apple App Store must abide by the Apple App Store's terms of service.
You understand that Apple is under no obligation to provide maintenance or support for services downloaded or accessed via the App Store.
Should the app (when sourced via the App Store) fail to conform to any applicable warranty, you may notify Apple, providing the item is unused and the request is in accordance with our refund policy. Apple will refund the purchase price of the item to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Solid Clouds and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Solid Clouds.
To the fullest extent permitted by law, you and Solid Clouds acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
product liability claims;
any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement;
claims arising under consumer protection or similar legislation.
In the event of a claim from a third-party that the application or your use of the application infringes on the third party’s intellectual property rights, Solid Clouds will be solely responsible for the investigation and defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms.
By accepting these terms and conditions, you and Solid Clouds acknowledge and agree that Apple and its subsidiaries will be considered third-party beneficiaries of the agreement and that upon acceptance, Apple will have the right to enforce the terms of the agreement related to your license of the App Store Sourced Application against you as a third-party beneficiary.
When using the App Store Sourced Application, you must comply with all terms and conditions set by third-party providers in addition to the terms outlined in our own agreement.
(c) Additional license terms for use of the service in combination with the Android app store: For any Mobile Application that Solid Clouds provides to you for use on an Android-powered device, the following additional terms and conditions will apply in addition to our general terms and conditions:
You accept that these terms are between you and Solid Clouds only, and not with Google, Inc. ("Google").
Your use of Solid Cloud’s Android App must comply with Google's then-current Google Play Terms of Services.
Google is only a provider of the platform (Google Play Store) where you downloaded the Android App. Solid Clouds are solely responsible for Solid Cloud’s App and the services and content available thereon. Google has no obligation or liability to you with respect to Solid Cloud’s Android App or these Terms.
You understand and agree that Google is a third-party beneficiary to the terms as they relate to Solid Cloud’s Android App.
14. APPLICABLE LAW AND ARBITRATION AGREEMENT
The laws of Iceland will govern and interpret these Terms and any related actions. However, residents of the European Union or Russian Federation may have certain legal protections in their country of residence that cannot be waived by agreement. By agreeing to these Terms, you also agree to binding arbitration agreement. In cases where arbitration does not apply, you agree to submit to the jurisdiction of the courts located in Reykjavik, Iceland and waive any objections to personal jurisdiction or venue. However, residents of the European Union or Russian Federation may have the option to bring disputes to the appropriate authorities or courts in their country of residence.
15. CONSUMER COMPLAINTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
If you are a resident of the European Union, you may report complaints to your local consumer protection authorities.
Solid Clouds hf (company ID: 6009132550, from Innovation House, Eiðistorg 17.
170 Seltjarnarnes, Iceland) are the merchant of record of Solid Cloud’s games.
16. GENERAL
These Terms, along with our Privacy and Cookie Policy and Arbitration Agreement, make up the entire agreement between you and Solid Clouds regarding your use of our Service, which includes the Site, Services, Mobile Applications, Games, and all related content. Any prior agreements, whether written or oral, are superseded by these Terms. Our failure to enforce any rights or provisions in these Terms does not constitute a waiver of such rights or provisions. If any provision of these Terms is found to be invalid, void, or unenforceable, it will be considered severable and will not affect the validity of the remaining provisions. You are not permitted to assign your rights or obligations under these Terms, and any attempts to do so will be void. Solid Clouds reserves the right to assign these Terms without restriction.
You must comply with all relevant laws, including those of the United States of America, the jurisdiction in which you obtained the Service and any other applicable laws. You are prohibited from using the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You also acknowledge that products, services, or technology provided by Solid Clouds are subject to export control laws and regulations of the United States of America, and you must comply with these laws and regulations. Without prior authorization from the U.S. Government, you are prohibited from exporting, re-exporting, or transferring Solid Clouds products, services, or technology, either directly or indirectly, to any country in violation of these laws and regulations.
If you are a resident outside the United States, you agree that all disputes between you and Solid Clouds shall be governed by the laws of Iceland, regardless of conflict of law provisions. You agree that any claim or dispute you may file against Solid Clouds must be resolved exclusively by a court located in Reykjavik, Iceland. If you are a consumer based in the EEA, you may also make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. Please note that Iceland may not be required to accept the use of this or other alternative dispute resolution platforms.
If the jurisdiction of your domicile prohibits Solid Clouds from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
17. CONTACT INFORMATION
If you have any questions about these Terms, please contact our Support at support@solidclouds.com, where our support team will be happy to assist.
OVERVIEW
Please take the time to carefully read and understand these terms of use before using any games provided by Solid Clouds. These terms and conditions, known as the "terms," form a legal agreement between you and Solid Clouds and apply to all products and services offered by Solid Clouds, both current and future.
The terms of use outline the permitted use of our services, including access to games developed, operated, or published by Solid Clouds, as well as any content provided by Solid Clouds, including but not limited to web content, sites, applications, and social media pages or public spaces operated by Solid Clouds.
By accessing, downloading, or using any of our services in any way, including through third-party platforms, you accept and agree to these terms, which are legally binding. If you do not agree to these terms, please discontinue the use of our games and services immediately.
You also represent that you have read and understand our privacy policy, and in jurisdictions where consent is required, have given consent for Solid Clouds to process your personal information. If at any time the terms are no longer acceptable to you, you may not use or continue to use our service.
Please note, these terms require binding arbitration on an individual basis to resolve disputes. If you are a resident of the United States, these terms also include a class action waiver and waiver of jury trials. If you are a resident of the European Union or the Russian Federation, please be aware that under certain circumstances, disputes may be brought before the appropriate authorities or courts in the country of residence.
1. GENERAL USE AND CHANGES
The Service provided by Solid Clouds is licensed to you for your personal use and is non-transferable. Solid Clouds reserves the right to deny or revoke access to the Service to any user who violates these terms or, where permitted by law, for any other reason without notice. To the fullest extent permitted by law, you agree that Solid Clouds may modify, suspend, or discontinue the Service or any feature or application thereof, and change the content of the Service at any time without notice or liability.
The Service is only available to users in certain jurisdictions who are required to use the Service in accordance with applicable laws. The Service may not be authorized for use in certain jurisdictions that are subject to embargoes or economic sanctions.
You may not use the Service if you do not have the legal capacity to agree to these terms under applicable law. Solid Clouds may require proof of age or parental or legal guardian consent at any time. Solid Clouds also reserve the right to block users if they suspect the user is under the applicable age.
Solid Clouds reserve the right to update, add, or remove provisions of these terms at any time by posting the updated terms on our games, Discord server, or social media pages. Additionally, we may notify you via email of any changes to these terms. The updated terms will become effective 30 days after posting. By continuing to use the Service after the updated terms have been posted, you are agreeing to the updated terms. If you do not agree with the updated terms, you must stop using the Service. These terms may be superseded by specific legal notices or terms located on certain features of the Service, which will be made available to you when you use these features. These specific legal notices or terms are incorporated into these terms and supersede any provisions of these terms that are designated as being superseded.
In order to ensure the proper operation of its services, Solid Clouds may publish rules that apply to one or more of our services, including rules on communicating with other players via our social media pages, Discord, or in-game. These rules may be updated as necessary. The location where we post these rules and any updates to them is at our discretion and may change at any time. These rules are considered an integral part of these terms. By using the service after Solid Clouds has added and applied these rules, you are agreeing to the added rules; if you do not agree with any of the updated terms or rules, you must stop using the service.
In-game rules are considered an integral part of these terms. By using the service after Solid Clouds has added and applied in-game rules to one or several games, you are agreeing to the added in-game rules; if you do not agree with any of the updated terms and in-game rules, you must stop using the service.
You understand and agree that the Service and any applications provided may change over time. To the fullest extent permitted by law, Solid Clouds may require you to download and install updates to the Service at any time without notice or liability to you. You understand and agree that updates or changes to the Service may change the system specifications required to use the Service and in such cases, you are responsible for purchasing any necessary additional software or hardware to access and use the Service. You acknowledge that when an upgrade is available, previous versions of the Service may no longer be available or supported by Solid Clouds.
2. USE OF THE SERVICE
(a) Technical Requirements: To use our Services, you may need to meet certain technical requirements. Before using the Service, please make sure you understand and meet these requirements as detailed for each service.
(b) Visitors and Guests: If you are just visiting, you can view and use certain features of the Service without registering. You can also play Games as a guest if you prefer.
(c) Account Registration: In order to access certain features of the services and games you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a user of the Service ("User," or "user") who has registered an account with us ("Account") or has a valid account on the social networking service through which the User has connected to the Service (each such account, a "Third-Party Account"). When registering an Account, you may be required to provide certain information so that we can provide you with an Account identification number. Keep your Account details and passwords secured as further described in section (g) “Registration” below. In order to protect our Services, Users, and Solid Clouds itself, we reserve the right, if necessary, to reject to register any account or to terminate it in accordance with these terms.
(d) Access through Third-Party Platforms: We use Google and Apple (each a "Third-Party Platform") as login and payment providers for our games. By using our service or making purchases in the in-game store, you are agreeing to allow Solid Clouds access to your third-party account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to Solid Clouds and/or grant Solid Clouds access to your third-party account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating Solid Clouds to pay any fees or making Solid Clouds subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Application.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and solid clouds disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.
Additionally, you agree and understand that we do not control those Third-Party Platforms and their content. You are subject to and should read the terms of use agreements and privacy policies that apply to such Third-Party Platforms.
(e) Subscription and Memberships: Subscriptions and Memberships. Some of our Services may offer the option to purchase subscriptions or timed memberships (referred to as "Subscriptions" and "Memberships" respectively). These Subscriptions and Memberships may come with additional terms specific to that option ("Subscription Terms"), such as additional end user license agreements or billing procedures. The Subscriptions and Memberships may be available at different fees, and may be charged for a set period as specified under the Subscription Terms. We reserve the right to change the fees or Subscription Terms at any time, giving you the opportunity to cancel the Subscription before the new fees take effect. When ordering a Subscription or Membership, you must ensure that all the information provided is accurate and that you have the legal capacity and necessary authorization to engage in the order as required by applicable laws. You can manage your Subscriptions and turn off auto-renewals in the account settings of your device. Subscriptions will automatically renew unless terminated by you in accordance with the terms and policies of the Third-Party Platforms. Additional information on payment processes, auto-renewal of Subscriptions, and cancellation for mobile devices can be found in the terms of use of the respective platform:
Google Play Store: https://play.google.com/about/play-terms/index.html
Apple App Store: https://www.apple.com/legal/internet-services/itunes/
(f) Referral Programs: Our Services may include referral program offers where you can invite friends to join (“Referral Programs”). To participate in a Referral Program, you may be required to agree to additional terms and conditions as well as follow certain rules. By participating in a Referral Program, you confirm that you have read and understand the terms and conditions and rules that apply to the program.
(g) Registration Data: By creating or registering an account with our Service, you agree (i) to provide accurate and current information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your account and must keep your account information and password secure, which includes not sharing login information.
If you suspect any unauthorized use of your account or a breach of security, you must notify us immediately. Additionally, you must log out of your account at the end of each session. If we have reason to believe the information provided in your account registration is false, inaccurate or incomplete, we reserve the right to terminate your account, deny access to our Service and refuse any and all current or future use of the Service (or any portion thereof). We also reserve the right to remove or reclaim any username that is deemed to violate the rights of a third party.
(h) Mobile Network Access: When utilizing the Service via a mobile network, standard rates and fees imposed by your network or roaming provider for messaging, data, and other services will apply. Your network provider may prohibit or restrict the download, installation, or use of certain features of the Service, and not all features may be compatible with your network provider or device.
3. RULES OF CONDUCT
By utilizing Solid Cloud's Service, you agree to not (or encourage another user to):
Engage in or solicit any actions that violate the guidelines of the third-party platform through which access to the Service is obtained;
Create an account under a false identity or with false information, or to create an account on behalf of someone else;
Use the Service or create an account if you have been convicted of a sexual offense;
Use the Service or possess an account if you have previously been barred or removed by Solid Clouds, or if you have been prohibited from playing any Solid Clouds game in the past;
Use your Account, the Site, or Service to send advertisements, promotional materials, or other forms of commercial communication to other users;
Participate in any illegal or unauthorized activity while using your Account or the Service;
Use or attempt to use another user's account without permission from Solid Clouds;
Use the Site or Service in any way that goes against any laws or regulations, or that is prohibited by these terms;
Use the Services for any commercial purpose or for the benefit of any third party without our express written consent; or engage in any activity that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other infrastructure of Solid Clouds or any third-party provider. The unauthorized buying, selling, trading or exploiting of any aspect of the Services, including but not limited to Accounts, Virtual Currency and Virtual Goods is strictly prohibited. Any such transactions must be conducted in accordance with the rules outlined in the Games;
Gather or harvest information about other users;
Post, request, or link to any material or conduct that is sexually explicit, threatening, embarrassing, hateful, racially, ethnically, or religiously insulting, discriminative,threatening, or hateful on the basis of gender or political views, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise considered inappropriate or offensive, as determined by Solid Clouds in its sole discretion. Violation of these terms may result in termination of your account and access to the Service.
Engage in any behavior that involves discussing, promoting, or depicting any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the safety of a child or minor. These actions will not be tolerated and will result in the termination of your account and access to our Service.
Use any functionality or features of the Site or Service for purposes other than their intended use or as outlined in these terms of service,
Enact or take part in any form of manipulative interference (malicious or not) of the normal operations of any service or product of Solid Clouds. Also, users may not engage in or take any measures that interfere with the normal operations of Solid Clouds‘ products or services. This includes but is not limited to, bots, cheats, scripts, mods, hacks, data mining or any other software that intercepts, modifies or changes game data.
Interfere with, circumvent or disable any security features or measures implemented in the Site or Service, or any aspect of it, including any feature or service available through any Third-Party Platforms.
Decode, analyze, break down, or otherwise attempt to uncover the source code or underlying concepts or algorithms of any aspect of the Service, including any feature accessible through third-party platforms, is strictly prohibited.
Engage in any other prohibited conduct;
By using Solid Clouds' Services, you represent and warrant that you are not located in a country that is subject to any governmental embargos, or that has been designated by any governmental authority as a "terrorist-supporting" country, and that you are not listed on any list of prohibited or restricted parties.
By using our Services, you represent and warrant that you are at least 10 years of age or, if you are accessing the Services from a jurisdiction that requires a person to be older in order to participate legally in the Services, you are of such legal age. Solid Clouds reserves the right to request proof of age to verify that users under the legal age are not using or accessing the Services. If you access the Services through a Social Networking Site (“SNS”), such as Facebook or Google+, you must comply with and continue to comply with the terms of service/use of that SNS in addition to our terms and conditions for the duration of your use of the Services.
Using the Service in a way that goes against these limitations is strictly prohibited and can lead to the immediate revocation of your license. It may also make you liable for breaking the law. Solid Clouds has the right to decide what conduct it considers to be in violation of these terms and can take appropriate action, such as ending your account, prohibiting you from using the Service, and/or contacting the relevant authorities.
4. VIRTUAL CURRENCY AND GOODS
The Services may offer the ability to acquire, using “Real World” money, a license to utilize virtual in-game currency known as "Virtual Currency" and virtual in-game items referred to as "Virtual Goods." This purchase can be made using recognized legal tender.
This feature is only available to users who meet the legal age requirement in their country of residence. The purchase of Virtual Currency and Virtual Goods can only be done through the Service and in accordance with the rules and policies set by the Third-Party Platforms and Solid Clouds. Any virtual currency or goods obtained through other means may be considered void and voidable by Solid Clouds at its sole discretion.
As per our terms and conditions, ALL VIRTUAL CURRENCY AND VIRTUAL GOODS ARE CONSIDERED FINAL AND NON-REFUNDABLE, unless otherwise specified by us at our discretion. You will not have any ownership or title to any Virtual Goods or Virtual Currency you acquire. The only way to redeem Virtual Currency is towards the purchase of Virtual Goods or items within the Service. Virtual Currency and Virtual Goods are not considered legal tender and cannot be reloaded, resold, transferred for value, exchanged for cash, or acquired through means other than through the Service, as outlined in the Game or by the Solid Clouds Store, or be applied to any other account, except as outlined in these terms or as required by applicable law.
The validity of Virtual Currency does not have an expiration date. However, Solid Clouds holds full authority over all Virtual Currency and Virtual Goods and, in accordance with the law, reserves the right to alter their value, make adjustments, or eliminate them at any time without any liability. Once the Virtual Goods and/or Virtual Currency are transferred to your Account, Solid Clouds' responsibility towards the purchased virtual items is considered fulfilled.
Solid Clouds does not issue refunds for purchases of Virtual Currency or Virtual Goods. These items have no real currency value, cannot be redeemed for real money and can only be used within the games offered by Solid Clouds. You are granted a limited, revocable non-transferable license to use the Virtual Currency and Virtual Goods in the games, but you do not have any ownership rights to them.
If your account is terminated or suspended for any reason, or if Solid Clouds discontinues its games, you forfeit any Virtual Currency and Virtual Goods that you have acquired. Solid Clouds has the right to manage, regulate, control, modify, or eliminate Virtual Currency and Virtual Goods as it sees fit, without liability to you or any other party. This decision is at the sole discretion of Solid Clouds and is to the fullest extent permitted by law.
5. PAYMENT OF FEES
Purchase of items on Mobile Devices or Third Party Platforms
Purchases made on mobile devices or through third-party platforms such as social network platforms will be processed through and by the respective third-party platform. The terms of use and payment of the third-party platform, as well as these terms of use, apply to these transactions. Virtual currency and goods purchased through a third-party platform will be accessible on your user account through your account registration ID, regardless of the platform you are registered on.
Purchase of items through Solid Clouds in-game store
We may ask you to provide information about your payment methods, including credit card information. We do not retain or save this information and do not process payments. Transactions are processed by third-party payment processors and providers, including acquirers, credit card issuers, and financial institutions (“Payment Service Providers”). The services provided by Payments Service Providers may be subject to the supervision of financial regulators and is subject to the Payment Service Providers terms of use that may apply on the transaction.
The payment processing may vary depending on the type of payment method you choose. Some payment methods may not be accepted by Payment Service Providers or be subject to their restrictions (such as restrictions on certain credit cards, debit cards, brands, or currency transactions). We are not liable for any payments made by you or the performance of Payment Service Providers, to the fullest extent permitted by law. By making a purchase, you accept the terms and conditions and any restrictions imposed by Payment Service Providers.
Taxes and other charges applicable
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Solid Clouds may revise the pricing for the goods and services offered through the Service at any time. Solid Clouds may also provide links to other websites or third-party services, some of which may charge separate fees, which are not included in any fees that you may pay to Solid Clouds. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Fees are non-refundable (please refer to Section 5).
Important notice: If you are located in the US, you may be subject to additional taxes including sales taxes. We may charge you for these taxes in addition to any other applicable fees. If you are located in the EU or UK, all fees include the EU and UK VAT tax. The VAT collected by us or by the third-party platform reflects the VAT due on the value of any content or services.
6. TERMS AND TERMINATION
(a) Term: These terms take effect on the date of acceptance and remain in effect while you use the service, unless terminated earlier in accordance with these terms.
(b) Termination by you: If you would like to end your agreement with these terms, you may do so by closing your account and discontinuing use of the service.
(c) Termination by us: We reserve the right to terminate or suspend your account or access to any or all of the games or services at any time, for any reason. Where required by law, we will provide you with prior notice. We reserve the right to terminate your account if we determine that you have violated or breached these terms or any applicable laws. We may also suspend the use of part of our services, including interactive features within our games in the event of a breach of these terms and our rules of conduct (as outlined in section 4).
(d) Effect of Termination: If we terminate or suspend your account, you will lose access to it and any information or features associated with it. You will not be entitled to a refund for any virtual currency or virtual goods you have acquired. Termination also includes the removal of access to features and the deletion of your password, account information, files, and content associated with it, including any content you have created. Solid Clouds will not be liable for any suspension or termination and deletion of your content to the fullest extent permitted by law. Provisions of the terms that should survive termination, such as ownership, warranty disclaimer, and limitation of liability will still apply after termination of service.
7. USER INTERACTIONS
As a user of the Service, you are fully responsible for your interactions with other users. This also applies to any individuals or entities with whom you interact, including on any platforms where Solid Clouds has a presence.
By using our services, you agree that Solid Clouds will not be held liable for the actions and statements of other users on any of our platforms, including but not limited to our Discord server and in-game chat. We strive to maintain a safe and positive community, however, user actions, including those outlined in our harassment policy, are the sole responsibility of the individual user.
While Solid Clouds has the discretion to intervene in disputes between users, it is under no obligation to do so. In the event of any suspected illegal or inappropriate activity, you agree to fully assist Solid Clouds in any investigation and to provide access to any password-protected sections of your account if requested. Furthermore, we will not be held responsible for any consequences resulting from such disputes, including but not limited to any claims or damages.
By using our services, you agree to release Solid Clouds, its officers, directors, agents, subsidiaries, joint ventures, and employees from any claims, demands, and damages arising from disputes with other users to the fullest extent permitted by law. If you are a California resident, you also waive California Civil Code §1542, which states: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
8. DISCLAIMER OF WARRANTIES
The Service is provided on an "as is" and "as available" basis and we do not guarantee that it will be uninterrupted, error-free, virus-free, or that defects will be corrected. You acknowledge that your use of the Service is at your own risk. To the fullest extent permitted by law, Solid Clouds, its officers, directors, employees, and agents, disclaim all warranties, express or implied, in connection with the Service and your use thereof, including implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, usefulness, and timeliness. Solid Clouds makes no warranties or representations about the accuracy or completeness of the content of the Service or any sites linked to the Service and assumes no liability or responsibility for any:
errors, omissions, or inaccuracies;
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party;
any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
9. LIMITATION OF LIABILITY
In no event shall Solid Clouds be liable to you for any damages arising out of or in connection with these terms and the Service, regardless of the form of the action. Our liability to you, in any case, is limited to the total amount you have paid to Solid Clouds in the twelve (12) months preceding the date of the claim giving rise to the liability.
Solid Clouds will not be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Service or other materials accessed through or downloaded from it, whether based on warranty, contract, tort, any other legal theory, or whether or not Solid Clouds has been advised of the possibility of these damages. Note that for users residing in the EU or UK, this limitation does not apply in the event of death or personal injury resulting from an act or omission by Solid Clouds.
The above limitations of liability shall apply to the fullest extent allowed by law in the applicable jurisdiction. You acknowledge that Solid Clouds shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from such actions rests entirely with you.
The above disclaimers and limitations on liability do not affect your rights as a consumer and will not limit any liability that cannot be excluded under the applicable law in your jurisdiction of residence.
10. INDEMNIFICATION
You agree to indemnify and hold harmless Solid Clouds, including its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) that may result from: (a) Your Content; (b) your use of or inability to use the Service; (c) your violation of these terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules, or regulations. If any legal action is taken against Solid Clouds, as a result of your actions, Solid Clouds reserves the right to take control of the defense and you must cooperate with Solid Clouds in asserting any available defenses. This responsibility will continue even after your account, these terms, or your access to the Service has been terminated.
11. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE
You agree that all intellectual property rights in the Service, its underlying technology and all information and content available through the Service (excluding user-generated content as defined in section 12, but including characters, ships, graphics, storylines, sounds, virtual currency, and virtual goods in the games) belong to Solid Clouds and/or its suppliers (including other users).
You acknowledge that you shall have no ownership or property interest in the account or property interest in the Account, and that all rights to the account belong to Solid Clouds.
The Service is protected by copyright laws worldwide. By using the Service, you are granted a limited, non-transferable, and revocable license to download, install, access, view, and use the Mobile Application on a device that you own or control, for your personal, non-commercial entertainment only. This license is subject to your compliance with these terms and any other Solid Clouds policies. Any other use of the Mobile Application is not permitted.
You are not allowed to use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, sell, buy, or exploit the Service or its features or components in whole or in part without the express written authorization of Solid Clouds. Additionally, any Mobile Application accessed through or downloaded from the Apple App Store must only be used on Apple-branded products running iOS and in accordance with the "Usage Rules" set forth in the Apple Media Services Terms and Conditions. You are not permitted to sell, copy, exchange, transfer, assign, or distribute anything you copy or buy from the Mobile Application without permission from Solid Clouds. Solid Clouds and its suppliers reserve all rights not granted in these terms, and there are no implied licenses.
All trademarks, logos, and service marks displayed on the Service are our property or the property of other third parties. You are not permitted to use these without our prior written consent or the consent of such third parties which may own them. Installing certain Games may include the automatic downloading of our suppliers’ software on your device or computer and these Terms of Use shall apply in regard to the use of our suppliers’ software.
12. USER CONTENT
User content: By using the Service, you acknowledge that you are willingly publishing content using technology and tools provided by Solid Clouds. Any data, text, information, files, graphics, photographs, and their selection and arrangement, that you upload, post, email, transmit, or otherwise make available through the Service (“User Content”) will be subject to unlimited commercial, non-commercial and/or promotional use by Solid Clouds. You are solely responsible for the User Content you make available and Solid Clouds will not be held responsible for any User Content. Solid Clouds reserves the right, but does not have the obligation to monitor User Content, and may regulate any User Content if it receives a complaint or in any way violates these terms wholly or partially. If required by law, Solid Clouds will inform you before or after removing the User Content you published or uploaded. To the fullest extent permitted by law, you agree that Solid Clouds will not be liable under any circumstances for any User Content, including but not limited to errors in any User Content, or any loss or damage incurred by the use of the User Content. You also understand that by using the service, you may be exposed to content you find offensive or objectionable.
Public discourse: The Service may include various features such as forums, blogs, and chat features where users can post User Content, including but not limited to observations and comments on designated topics. However, Solid Clouds cannot guarantee that other users will not use the ideas and information shared via the above-mentioned platforms. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not make it available on the Service. Solid Clouds shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the aforementioned areas, you do so at your own risk.
License to User Content: By posting content to the service, you are agreeing to grant Solid Clouds an irrevocable, transferable, non- exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the Service, including marketing and promotions of the Service. This license is for the term of the protection of the rights licensed or, where permitted by law, perpetual. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner.
You warrant and represent that you have the right to upload any content that you make available through the service.
Content ownership: Solid Clouds does not claim any ownership of the content that users upload, and these terms do not limit users' rights to use and profit from their own content. Solid Clouds is not responsible for monitoring or protecting users' intellectual property rights in their content.
Ownership of other content: In regards to content other than what you upload, you acknowledge that you do not possess any rights or ownership over any content that appears on or within the Service, including Virtual Goods or Currency obtained through any of our games, or any other attributes linked to an account or stored on the Service.
13. ADDITIONAL TERMS RELATED TO THE MOBILE APPLICATIONS
App stores: You understand that the availability of the Application and Service relies on the third-party provider through which you obtained the Application license, such as the Apple App Store or Google Play. The Terms are solely between you and Solid Clouds and not with the App Store. Solid Clouds is the only party responsible for the Service, including the Application, content, maintenance, support, and warranties, and addressing any related claims. To use the Application, you must have access to a wireless network, and you will be responsible for any associated fees. Additionally, you agree to pay any fees charged by the App Store in connection with the Service, including the Application. You must comply with all applicable third-party terms and agreements, such as the App Store's terms and policies, when using the Service, including the Application. You acknowledge that the App Store and its subsidiaries are third-party beneficiaries of the Terms and have the right to enforce them.
Additional terms for using the service in combination with the apple app store: The following terms apply to any application obtained from the Apple App Store, whether accessed through the store or downloaded from it:
You understand and agree that:
The terms and conditions outlined in this document are between you and Solid Clouds only, and not with Apple.
Solid Clouds is solely responsible for the application obtained from the Apple App Store and its content.
Your use of the application obtained from the Apple App Store must abide by the Apple App Store's terms of service.
You understand that Apple is under no obligation to provide maintenance or support for services downloaded or accessed via the App Store.
Should the app (when sourced via the App Store) fail to conform to any applicable warranty, you may notify Apple, providing the item is unused and the request is in accordance with our refund policy. Apple will refund the purchase price of the item to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Solid Clouds and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Solid Clouds.
To the fullest extent permitted by law, you and Solid Clouds acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
product liability claims;
any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement;
claims arising under consumer protection or similar legislation.
In the event of a claim from a third-party that the application or your use of the application infringes on the third party’s intellectual property rights, Solid Clouds will be solely responsible for the investigation and defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms.
By accepting these terms and conditions, you and Solid Clouds acknowledge and agree that Apple and its subsidiaries will be considered third-party beneficiaries of the agreement and that upon acceptance, Apple will have the right to enforce the terms of the agreement related to your license of the App Store Sourced Application against you as a third-party beneficiary.
When using the App Store Sourced Application, you must comply with all terms and conditions set by third-party providers in addition to the terms outlined in our own agreement.
(c) Additional license terms for use of the service in combination with the Android app store: For any Mobile Application that Solid Clouds provides to you for use on an Android-powered device, the following additional terms and conditions will apply in addition to our general terms and conditions:
You accept that these terms are between you and Solid Clouds only, and not with Google, Inc. ("Google").
Your use of Solid Cloud’s Android App must comply with Google's then-current Google Play Terms of Services.
Google is only a provider of the platform (Google Play Store) where you downloaded the Android App. Solid Clouds are solely responsible for Solid Cloud’s App and the services and content available thereon. Google has no obligation or liability to you with respect to Solid Cloud’s Android App or these Terms.
You understand and agree that Google is a third-party beneficiary to the terms as they relate to Solid Cloud’s Android App.
14. APPLICABLE LAW AND ARBITRATION AGREEMENT
The laws of Iceland will govern and interpret these Terms and any related actions. However, residents of the European Union or Russian Federation may have certain legal protections in their country of residence that cannot be waived by agreement. By agreeing to these Terms, you also agree to binding arbitration agreement. In cases where arbitration does not apply, you agree to submit to the jurisdiction of the courts located in Reykjavik, Iceland and waive any objections to personal jurisdiction or venue. However, residents of the European Union or Russian Federation may have the option to bring disputes to the appropriate authorities or courts in their country of residence.
15. CONSUMER COMPLAINTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
If you are a resident of the European Union, you may report complaints to your local consumer protection authorities.
Solid Clouds hf (company ID: 6009132550, from Innovation House, Eiðistorg 17.
170 Seltjarnarnes, Iceland) are the merchant of record of Solid Cloud’s games.
16. GENERAL
These Terms, along with our Privacy and Cookie Policy and Arbitration Agreement, make up the entire agreement between you and Solid Clouds regarding your use of our Service, which includes the Site, Services, Mobile Applications, Games, and all related content. Any prior agreements, whether written or oral, are superseded by these Terms. Our failure to enforce any rights or provisions in these Terms does not constitute a waiver of such rights or provisions. If any provision of these Terms is found to be invalid, void, or unenforceable, it will be considered severable and will not affect the validity of the remaining provisions. You are not permitted to assign your rights or obligations under these Terms, and any attempts to do so will be void. Solid Clouds reserves the right to assign these Terms without restriction.
You must comply with all relevant laws, including those of the United States of America, the jurisdiction in which you obtained the Service and any other applicable laws. You are prohibited from using the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You also acknowledge that products, services, or technology provided by Solid Clouds are subject to export control laws and regulations of the United States of America, and you must comply with these laws and regulations. Without prior authorization from the U.S. Government, you are prohibited from exporting, re-exporting, or transferring Solid Clouds products, services, or technology, either directly or indirectly, to any country in violation of these laws and regulations.
If you are a resident outside the United States, you agree that all disputes between you and Solid Clouds shall be governed by the laws of Iceland, regardless of conflict of law provisions. You agree that any claim or dispute you may file against Solid Clouds must be resolved exclusively by a court located in Reykjavik, Iceland. If you are a consumer based in the EEA, you may also make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. Please note that Iceland may not be required to accept the use of this or other alternative dispute resolution platforms.
If the jurisdiction of your domicile prohibits Solid Clouds from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
17. CONTACT INFORMATION
If you have any questions about these Terms, please contact our Support at support@solidclouds.com, where our support team will be happy to assist.