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TERMS OF USE
Product license and service provision agreement (“Agreement”)
DISCLAIMER: This is a complimentary translation from the original in Portuguese. For legal purposes, the user must consider the original terms in Portuguese
INITIAL AND GENERAL PROVISIONS
By accepting this Agreement, the User declares that they are an adult of legal age in their country and state of residence, or, if they are a minor, their legal guardian declares that they have consented to the terms of the Agreement.
You agree that your use of the software program, account, product, service or other properties (including the Service and/or Service Provided Content as defined below), including any associated patch, update or downloadable content to the program or other software (together, “Product” or “Products”), will be subject to the terms of this Agreement.
All rights not expressly granted to the User are reserved to Sunabi Studios and its licensors.
Use of the Product is also subject to acceptance of the Sunabi Studios Privacy Policy.
By using the Product, the User is contracting with Sunabi Studios.
By using this Product or accepting both this Agreement and the Privacy Policy and Code of Conduct, the User agrees to be bound by this Agreement, the Privacy Policy and Code of Conduct, and declares to meet all eligibility requirements detailed below.
This Agreement revokes and replaces any and all understandings, negotiations, negotiations and/or contracts previously held between the Parties in relation to its purpose, whether verbal or written, and now constitutes the complete and consolidated expression of the legal transaction concluded between the Parties.
Sunabi Studios may assign this Agreement, in whole or in part, at any time and without prior notice. The User may not assign this Agreement or transfer any rights to use the services.
The User consents to receive from Sunabi Studios notifications about the Product or information required by law to be provided by email to any address specified if registration for the Product has been requested. Notifications sent by email will be considered given and received at the time the email is sent.
If the User does not consent to electronic receipt of notifications, they must stop using the Product. In the case of Products that do not require registration or provision of an email address, notifications and other information may be made available through updates to this Agreement.
Sunabi Studios will not be responsible for delays or non-performance arising from causes beyond the reasonable control of Sunabi Studios, including, without limitation, circumstances or causes beyond the control of Sunabi Studios, such as natural accidents, wars, terrorist actions, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes or shortages of transport, fuel, energy, labor or materials.
If you breach this Agreement, the User agrees that Sunabi Studios would be irreparably harmed if this Agreement were not specifically enforced and therefore agrees that Sunabi Studios will have the right, without ties, external security or proof of damages, to appropriate compensation equitable relief with respect to violations of this Agreement, in addition to such other remedies as Sunabi Studios may be entitled to under the law.
The non-exercise, by the Parties, of any of the rights or prerogatives provided for in this Agreement, or even in the applicable legislation, will be considered an act of mere liberality, not constituting an alteration or novation of the obligations established herein, the fulfillment of which may be required at any time, regardless of prior communication to the defaulting Party.
The Parties do not waive and, on the contrary, may resort to any legal action or measure (including the recovery of losses and damages), to which they may be entitled under the terms of applicable legislation, expressly obliging themselves to accept sanctions, court orders and other actions of such a nature, which aim to prohibit or prevent the violation of this Agreement.
It is expressly established between the Parties that, in the event of a conflict between any other terms or agreements entered into between the Parties and this Agreement, the provisions of this Agreement shall prevail in relation to the Parties.
If any provision contained in this Agreement becomes, for any reason, invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, which shall be interpreted as if the provision deemed invalid, illegal or unenforceable has been reformulated in such a way as to make it valid, legal and enforceable.
ELIGIBILITY
To use some Products, you must:
meet the minimum age requirements of 13 years;
agree to the Third Party Terms - Distributors, provider or platforms;
open an account operated and provided by the respective platform or distributor.
Subject to any appropriate Product age ratings, restrictions and account requirements, the Products are provided to persons who are at least 13 years of age.
If the User is over 13 years old, but under 18 years old, the User and their legal guardian must review this Agreement, the Privacy Policy and Code of Conduct together.
Parents/legal guardians are jointly and severally responsible for all acts (including purchases and payments associated with Service Provided Content) and omissions of their children under 18 years of age when they use a Product.
Sunabi Studios recommends that parents and guardians familiarize themselves with the parental controls available on the Devices they give to their children and monitor their online activities when they are under 18 years of age or under the age of majority in your jurisdiction.
ACCESS AND COSTS
The User acknowledges and agrees that it will provide, at its own expense, the equipment, internet or other connection expenses necessary to access and use the Product.
Sunabi Studios makes no guarantee that the Product will be accessible on all computers, consoles, smartphones, tablets or other devices (each, a “Device”, or, in the plural, “Devices”), through any specific internet server or other type of connection, or in all countries.
The User acknowledges and agrees that he is solely responsible for any expenses incurred by third parties to use the Product.
LICENSE
Sunabi Studios grants the User a personal, limited and non-exclusive license to use the Product for non-commercial use.
To the maximum extent permitted by applicable law, this license granted to use the Product is non-transferable.
The User may not rent, lease, lend, sell, redistribute or sublicense the Product;
You may not copy (except as expressly permitted by this license or any other applicable terms, conditions or rules of use), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Product , any update or any part thereof (except only to the extent permitted by applicable law or to the extent that may be permitted by the license terms governing the use of any open source components included in the licensed application);
The User may not remove or alter the trademarks or logos of Sunabi Studios or its licensors, or the legal notices included in the Product or related assets;
Unless expressly authorized by Sunabi Studios in writing, installation and use is restricted to an authorized Device and User is prohibited from making one copy of the Product available on a network where such copy may be used or downloaded by multiple users
Any attempt to use the Product in violation of the terms of this Agreement is a violation of the rights of Sunabi Studios and its licensors. The terms of this Agreement will apply to any updates provided by Sunabi Studios to replace and/or supplement the Product, unless such updates are accompanied by a separate (and/or updated) agreement. In this case, the terms of the other contract will apply.
The license rights granted herein are also subject to the limitations set forth below. Any use of the Product that violates these limitations is a serious breach of this Agreement, which subjects the user to immediate revocation of their license, and such use is considered a violation of Sunabi Studios' copyright and other rights related to the Product. The User agrees that he will not:
Use, develop, store or distribute codes, automation software (bots), mod rooms, hacks or any other unauthorized third-party software related to the Product or engage in any type of cheating, illicit partnership (boosting) or booting;
Exploit or reverse engineer the Product (or any part thereof) for any commercial purpose, including, without limitation, (a) to enable its use in an Internet cafe, computer gaming center or any other location without express consent in writing from Sunabi Studios; (b) to accumulate in-game currency, items or resources for later sale outside the Product; (c) to perform work within the game in exchange for payment in the world outside the Product, for example, leveling up; or (d) for the sale of accounts, access information or other materials, access or rights to the Product;
Use any unauthorized third-party software that intercepts, "mines" or otherwise collects information from or through the Product;
Unless authorized by Sunabi Studios in writing, store, provide or develop compatibility services for the Product, or intercept, simulate or redirect the communication protocols used by Sunabi Studios in any way, for any purpose, including, without limitation, unauthorized use via the internet, network use, or as part of content grouping networks;
Facilitate, create or maintain any unauthorized connection to the Product, including, without limitation, (a) any connection to any unauthorized server that simulates or attempts to simulate the Product; and (b) any connection using programs or tools that have not been expressly approved by Sunabi Studios in writing;
Violate any law or regulation applicable to the use of the Product;
Disrupt or assist in the disruption of: (i) any computer, device or server used to support the Product; or (ii) any use of the Product by another user;
Interfere or attempt to interfere with the operation of the Product in any way through any feature or device, including, without limitation, initiating a denial of service attack, sending spam messages, illegal system intrusions, or the transfer of viruses or bombs -virtual clock;
Reproduce, distribute, display, transfer or use any part of the Product except as expressly authorized by Sunabi Studios;
Extract, copy, aggregate, redistribute, alter, copy or reuse any accessible user information (whether specific to a particular user or a collective of users) through the Product.
The User understands that access to the Product may also result in access to names, usernames, email addresses and other information, as set out in the Privacy Policy, which is protected by applicable data protection and privacy laws and regulations.
The User understands, acknowledges and agrees that any and all Personal Information of other users constitutes confidential information of Sunabi Studios.
JURISDICTION AND APPLICABLE LEGISLATION
The User declares that he acquired and uses this Product on his own initiative and is responsible for compliance with local laws, to the maximum extent permitted by applicable law, and expressly indemnifies and holds harmless Sunabi Studios for any and all claims, losses, injuries, damages or costs arising from use of the Product, to the maximum extent permitted by law.
Use of the Product and all proceedings arising out of or relating to the Product or this Agreement will, to the maximum extent permitted by law, be subject to the laws of Brazil, without reference to conflict of law principles, and the User consents to submit to the jurisdiction of the courts of Brazil.
SERVICES
In addition to any license to use the intellectual property of Sunabi Studios or its licensors, some Products also contain game features or content that are accessible only through online hosting and/or other online services and functionality provided by Sunabi Studios (“ Services”).
All such Services are provided by Sunabi Studios on a personal, non-commercial and non-transferable basis.
All such Services are provided in accordance with the terms of this Agreement, the Privacy Policy and the Sunabi Studios Code of Conduct.
DATA USE
The way in which information (including personal) is collected, stored and used by Sunabi Studios is governed by the Privacy Policy.
The User is responsible for reading and accepting the Privacy Policy. Use of the Product is conditioned on acceptance of the terms.
USER GENERATED CONTENT
The Product may include message boards, content sharing features, and other methods by which users can share self-authored content (“User Content”).
To the fullest extent of applicable law, by submitting any User Content (including, without limitation, images, videos, customer service messages, idea messages, suggestions and postings), the User automatically grants (or represents and represents that the owner expressly granted) Sunabi Studios a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, and distribute such Content User Content or incorporate User Content to any form, medium or technology now known or hereafter developed in any part of the universe, and agree that Sunabi Studios shall be entitled to unlimited use of the User Content for any purpose, whether commercial or otherwise, without compensation, notification or attribution.
User waives and agrees that it will not assert any moral or similar rights it may have in any User Content.
To the extent that the Product allows other users to access and use User Content, User also grants all other users of the Product the rights to use, copy, modify, display, perform, create derivatives of, and otherwise communicate and distribute your User Content on or through the Product without any notice, attribution or compensation.
The User undertakes and warrants that any User Content provided (i) does not and will not violate any intellectual property rights of any third party and/or the rights of any other person, including, without limitation, privacy rights and any so-called "rights morals"; and (ii) when used as expressed herein, does not and will not require the payment of any royalty or any participation to third parties.
You may not upload or post any User Content that infringes the copyrights, trademarks or other intellectual property rights of any third party, nor may you upload any User Content that violates any third party's right of privacy or right of publicity, or request the payment of royalty or other participation.
You are responsible for any User Content you place on or through the Product, including transmitting, posting or otherwise providing text, files, links, software, photographs, videos, sounds, music or other information or materials.
User may only upload their own User Content to the Product.
Sunabi Studios has no obligation to monitor, approve, verify or pre-screen any User Content submitted to or through the Product.
Sunabi Studios reserves the right (but not the obligation) to remove, block, edit, move or disable User Content for any reason in its sole discretion. To the fullest extent permitted by applicable law, Sunabi Studios assumes no responsibility for your User Content, or for any failure to monitor, edit or remove User Content.
The User agrees not to hold Sunabi Studios liable for any loss or damage arising from the contents of any User Content (yours or other users), including, without limitation, with respect to defamation, harassment or false statements.
Listed below are some (not all) serious violations that may result in termination or suspension of access to the Product and/or restriction of Sunabi Studios' ability to access and/or post User Content. The User agrees not to perform any of the following actions while using the Product:
harass, threaten, humiliate or cause suffering or inconvenience to another participant, user, person or entity;
transmit any User Content that Sunabi Studios deems to be disruptive, illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise unacceptable;
impersonate any person or entity, including, without limitation, Sunabi Studios;
disrupt the normal functionality of the Product or otherwise act in a manner that negatively affects other participants and/or the overall Product experience;
post or transmit any unsolicited advertising, promotional materials or any other type of solicitation;
intentionally or unintentionally violate any applicable law, regulation or treaty when using or accessing the Product;
post multiple messages with the same content (e.g. “spam”); or
invade the privacy or violate/infringe any right of any person or entity, including, without limitation, any intellectual property right.
Sunabi Studios does not endorse or guarantee the accuracy, effectiveness or truthfulness of any User Content created by users.
The Product may permit the sharing of certain personal information with the public, including people who may not be registered users of the Product, and the public may access and use that information by associating it with the user.
The User acknowledges and confirms that it has no expectation of privacy when using these Product tools, including, without limitation, when transferring or sending User Content; comparing your statistics, personal scores and highscores with those of other users; searching for other users by username; discovering events that other users have registered for and accessing and providing links to social media accounts that publicly display user information.
COPYRIGHT
Sunabi Studios respects the intellectual property rights of others and expects users of its services to do the same. If you believe that any content appearing in the Product and/or User Content has been copied in a way that constitutes copyright infringement, you should send the following information to the agent listed below.
Notification of copyright infringement must comply with the Copyright Act. The User must read the text of the law, or consult a lawyer before sending a notification under this instrument.
To submit a notice of copyright infringement, the User will need to send a written notice that includes the following information to Sunabistudios@gmail.com:
Name, address, telephone number and email address;
A description of the work that is claimed to have been copyright infringed;
The exact URL or description of where the allegedly infringing material is located;
A statement by the User that the User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement made by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or the person authorized to act on the copyright owner's behalf.
The Brazilian legal system establishes that the User may be responsible for paying compensation (including expenses and legal fees) if he makes a false statement in good conscience, stating that the material or activity constitutes infringement.
The information provided in the notice of copyright infringement may be provided to the person responsible for the alleged infringement.
SUNABI STUDIOS ACCOUNT
The User declares that he will be responsible for all activities on his account. In the case of minors, the legal guardian declares that he or she will be responsible for all uses of the account carried out by the User, with or without the authorization of the guardian.
If the Product requires the User to provide information to register, all procedures for doing so are subject to the terms hereof and the Sunabi Studios Privacy Policy, incorporated herein by reference along with any other Third Party Terms that may exist.
The User has the option of providing such information or not. However, if you decide not to provide such information, access to the Product may be limited or may even not be available.
If the User decides to provide such information, the User represents and warrants to provide only true, current and accurate information.
You agree not to impersonate any other person or entity or falsify your identity or affiliation with any person or entity. From time to time, Sunabi Studios may ask the User to confirm their registration information (e.g. their email address) in order to continue using the Product; if you decide not to do so, access to the Product may be restricted or terminated.
The User agrees to update their registration data to keep it current and accurate within a reasonable time after any changes are made to such data.
You represent that you are at least the age specified in any applicable age rating or restriction for the Product, and you represent that you are fully capable of entering into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement and of complying with the terms of this Agreement.
Subject to any age rating or other applicable restrictions, the User may create a Sunabi Studios account only if:
You are 18 years old and an “individual”; or
Your legal guardian has read and accepted the terms of this Agreement and the Sunabi Studios Privacy Policy, if the User is between 13 and 18 years of age.
Corporations, limited liability companies, associations and other legal and business entities cannot create an account.
Persons prohibited by Sunabi Studios from using the Product may not create or use an account.
By accepting this Agreement, the User hereby represents and warrants that he or she meets the eligibility requirements.
If you are a registered user of social networking sites, you may be able to connect your social networking account to your Sunabi Studios account.
Social media accounts are subject to their own Third Party Terms.
You acknowledge and agree that the social media account server is not responsible for your Sunabi Studios Account, including for any liability related to your use of the Sunabi Studios Account.
The username on the platform may be the username on the Sunabi Studios Account. Additionally, some Sunabi Studios accounts may allow users to form different Groups of players, with unique group names (“Groups”).
When the User chooses a username or group name, or when creating a rating that can be seen by other users, he or she must respect the following guidelines, in addition to common sense rules. If Sunabi Studios considers that the chosen name is offensive or inappropriate, it may, at its sole and absolute discretion, change or delete the name, and/or suspend or terminate use of the service. More specifically, the User may not use any name:
That belongs to another person with the intent to impersonate that person, including, without limitation, any administrator of the Product or any other employee or agent of Sunabi Studios;
That includes vulgar language or that is offensive, defamatory, obscene, hateful or objectionable in racial, sexual or ethnic terms or that is in any way offensive;
That belongs to any religious figure or deity;
Related to drugs, sex, alcohol or criminal activity.
That is subject to the rights of another person or entity without that person or entity's written authorization;
That belongs to or refers to a popular culture figure, celebrity, media personality, icon or character;
That is, contains, or otherwise resembles a registered trademark or trademark, whether registered or not.
The User may not use a spelling alternative or a spelling error to circumvent the restrictions listed above nor may they have a first and last name that, when combined, violate the restrictions previously determined.
To the maximum extent permitted by applicable law, you are responsible for all use of your account. You must notify Sunabi Studios immediately of any unauthorized use of your username, password, account information or any other breach of security that you discover with respect to your account. This notification must be delivered by letter addressed to Sunabi Studios headquarters and email Sunabistudios@gmail.com.
CONTENT PROVIDED BY THE SERVICE
Service Provided Content consists of materials provided to users of the Product (with or without an account, as applicable), such as unlockable content, virtual assets, codes, achievements, etc.
You understand that although you may sometimes "win", "purchase" or "acquire" Service Provided Content, you do not actually have ownership or any interest in the Service Provided Content and that the price of any Service Provided Content does not refer to any credit balance in real currency or equivalent. Rather, any Service Provided Content you receive is licensed to You and is subject to all terms of this Agreement and the Sunabi Studios Privacy Policy.
Sunabi Studios does not recognize the transfer of accounts or Service Provided Content. You may not buy, sell, resell, lend, rent, gift, trade or otherwise transfer any account or Content Provided by the Service or offer to buy, sell, resell, lend, rent, gift, exchange or otherwise transfer any account or Product materials, and any attempt to do so will be void.
Upon termination of any account, Agreement, or license, User acknowledges and agrees that, to the fullest extent permitted by applicable law, User will maintain no access to or control over any aspect of the item.
MONITORING CONSENT
Communications made through a Product should not be considered private. Sunabi Studios may monitor and/or record User communications (including, but not limited to, chat or voice conversations) when User is using a Product and User hereby grants their express, irrevocable consent to such monitoring and recording.
User acknowledges and agrees that it has no expectation of privacy relating to the transmission of any User Content or communications, including, without limitation, chat or voice conversations.
Since voice conversations and other interactions may be seen and/or heard by other users, the User should avoid revealing any personally identifiable information.
In addition, Sunabi Studios may, with or without notice, disclose IP addresses, personal information, conversation logs and other information about the User and their activities consistent with the Privacy Policy.
SUPPORT
If you have any questions or complaints regarding the Product, please contact Sunabi Studios via email: Sunabistudios@gmail.com.
TERMINATION
The license granted by this Agreement remains active until terminated by the User or Sunabi Studios.
Upon termination of the license, use of the Product must be stopped and all copies, whether partial or total, must be destroyed.
The rights granted by this Agreement to the User will be automatically terminated without prior notice by Sunabi Studios if the User violates any term of this Agreement or Third Party Terms.
Sunabi Studios reserves the right to terminate this Agreement, without justification, via immediate written notice.
Nothing in this Agreement limits Sunabi Studios' rights to suspend, terminate or delete any account used.
Sunabi Studios may suspend, terminate, modify or delete any account at any time, for any reason or no reason, with or without notice, to the fullest extent permitted by applicable law. For purposes of clarification, not limitation, many account suspensions, terminations and/or removals may result from violations of this Agreement.
RIGHT OF WITHDRAWAL
The User has the right to withdraw from this Agreement within 14 days without any justification. The withdrawal period will expire after 14 days from the day of acceptance of the Contract.
To exercise the right of withdrawal, the User must inform Sunabi Studios of their decision to withdraw from the Agreement through an unequivocal statement (for example, a letter sent by post, fax or e-mail).
If the User withdraws from the Agreement, Sunabi Studios will refund all payments received under this Agreement, including delivery costs, if applicable (with the exception of supplementary costs resulting from choosing a type of delivery other than the cheapest type of standard delivery offered), without undue delay and, in any case, within 14 calendar days from the day you were informed of the pickup.
The refund will be made using the same payment methods used for the initial transaction, unless the User has expressly agreed to another method;
In any event, the User will not pay any fees as a result of such refund.
If the User requested the commencement of performance of services under a Contract during the period of withdrawal, the User will pay an amount proportional to what was provided up until the moment the User communicated its withdrawal, compared to the full coverage of the services under the terms of the Contract.
The User loses his right of withdrawal, given that the Agreement is a service contract, after the service has been provided in full and this provision has started with his express consent and with the recognition that he will lose his right of withdrawal once that the service has been provided in full.
To the extent that the Contract comprises the provision of digital content not provided on a physical medium, the User loses his right of withdrawal if the execution began with his prior express consent and with his acknowledgment that he thereby loses his right of withdrawal. However, the right of withdrawal is not lost if the User purchases Virtual Goods transferred for a certain period (e.g. limited-time premium subscriptions).
Based on the foregoing, the User understands that by purchasing Service Provided Content, the User consents to Sunabi Studios making such Service Provided Content available as soon as their order is accepted.
THIRD PARTIES
The Product may permit or request access to third party materials, services or web pages ("Third Party Materials"). Use of Third Party Materials may imply additional terms of service.
The User agrees that they may encounter content that is considered offensive, indecent or objectionable when using Third Party Materials.
You agree (i) to use Third Party Materials at your own risk; (ii) that Sunabi Studios will have no liability for Third Party Materials; (iii) that Sunabi Studios is not responsible for reviewing or evaluating the content, accuracy, completeness, validity, copyright compliance, legality, decorum, quality or any other aspect of such Third Party Materials.
Your right to use the Product is also conditioned on your acceptance of any third party terms of service, terms of use and privacy policies you have accepted (“Third Party Terms”).
Limits on use of or access to certain products may also be imposed by third parties (such as your console, cell phone or Internet access account provider) without prior notice or legal liability. The User agrees that Sunabi Studios will not be responsible for any acts or omissions of such third parties.
WARRANTY EXCLUSIONS AND LIMITATIONS OF LIABILITY
To the maximum extent permitted by law, the Product is provided “as is” and Sunabi Studios does not guarantee its uninterruptibility, freedom from errors, repair of such defects, absence of viruses or other harmful components or the accuracy of the Product content.
To the fullest extent permitted by law, Sunabi Studios expressly disclaims all warranties, whether express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose or use, and non-infringement.
To the maximum extent permitted by law and without prejudice to statutory compliance warranties that may apply, neither Sunabi Studios, its subsidiaries, its licensors or affiliates will be liable for any damage or loss resulting from:
The use or inability to use the Product, including, among others, loss of credibility, work stoppage and computer failure or malfunction;
Loss of or damage to User characters, accounts, statistics, inventories, virtual belongings or profile data; or
From service interruptions, including, without limitation, internet service provider interruption, software or hardware failures, failures of any billing solution or other third-party services, or any other occurrence that may lead to data loss or interruption of services.
Under no circumstances will Sunabi Studios be liable to anyone for any indirect, incidental, special, one-off, remote, speculative, punitive or causal damages.
Sunabi Studios' legal liability will not, under any circumstances, exceed the amount paid by the User within twelve (12) months before the commencement of the action or appeal filed.
INDEMNITY
The User agrees to indemnify, defend and hold harmless Sunabi Studios and its affiliates, together with their respective officers, directors, owners, agents, employees, contractors, information providers and licensors (“Indemnifiable Party” and, collectively, “Parties Indemnifiable Party”) from and against any remedies, liabilities, losses, costs and expenses (including attorneys' fees) generated by an Indemnifiable Party in connection with any breach of the Agreement by the User or the publication or transfer of any User Content.
Sunabi Studios reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise indemnifiable by User, and User agrees, at such time, to cooperate with Sunabi Studios' defense of such claim. .
RISK OF LOSS
Subject to applicable laws, the User assumes all risk of loss for accessing or completing the download of any Product and for any Product accessed or downloaded, including losses for file corruption or general failure of the Device.
Any Product may be available for a limited time and/or be subject to other access restrictions (including, for example, possession of other specific products for access or use). Products may become unavailable due to content provider licensing restrictions or other reasons; Except when determined by applicable legislation, Sunabi Studios will have no liability if any Product, for any reason, is or becomes unavailable for download or access, within the limits permitted by law.
AVAILABILITY
Except as provided herein and/or otherwise required by applicable law, Sunabi Studios does not guarantee that any Product or Content Provided by the Service will be available at all times or at any particular time or that Sunabi Studios will continue to offer the Product or the Content Provided by the Service for any specific period.
Products that can be accessed, viewed or connected to a Device are not available in all languages or in all countries.
Sunabi Studios may change and update the Product or Service Provided Content without prior notice. Sunabi Studios makes no warranties or representations regarding the availability of features of the Online Product and reserves the right to modify or discontinue features of the Online Product at its discretion and without notice.
To the extent permitted by law, Sunabi Studios and its licensors reserve the right to change, suspend, remove or terminate access to any Product at any time without notice, and Sunabi Studios will not be responsible for the removal or termination of access to any Product.
In the case of accessing content protected by Digital Rights Management (GDD), the software may automatically request media usage rights from an online rights server and download and install GDD updates so that the User can play the content.
PROPERTY
All title, ownership and intellectual property rights in the Product (including, without limitation, any titles, trademarks, trade names, computer codes, themes, objects, characters, character names, stories, dialogue, catchphrases , locations, concepts, illustrations, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights and any documentation related thereto) are the property of Sunabi Studios and/or its licensors.
The Product is licensed, not sold, for use. The license does not give the User title or ownership of any nature over this Product, and should not be construed as a sale of any rights in the Product.
You acknowledge and agree that, other than the license granted by this Agreement, you will have no ownership or other proprietary interest in any Product or Content Provided by the Service (including, without limitation, any virtual belongings), and you acknowledge and agree that, To the fullest extent permitted by law, all rights in such Products or Content Provided Through the Service are and will forever be owned and for the benefit of Sunabi Studios and its licensors.
The User agrees that all Third Party Products and Materials contain content, information and materials considered property that are protected by intellectual property legislation and other relevant laws, including, without limitation, copyright laws; and that you will not make use of such content, information and materials considered to be proprietary in any way other than as permitted. No part of the Third Party Products and Materials may be reproduced in any form or by any means other than those permitted by license.
Nothing in this Agreement will convey to the User any right, title or license with respect to any trademark, trade name or any other intellectual or industrial property rights of Sunabi Studios, and any violation of the provision will be subject to the imposition of a fine in the amount of R$100,000.00 (one hundred thousand reais) and taking legal action or measure.
PAYMENT
You agree to pay all charges made to yourself or anyone using a Product on your Device.
The User may pay for certain Products and Content Provided by the Service using the methods available to the Service, and agrees to the terms and conditions applicable to the chosen payment option.
Payment options vary depending on the console, platform, system or Device used to access the Product or Service Provided Content.
When paying for a Product or Content Provided by the Service, the User:
You represent that you are authorized to use the selected payment option and that any payment details provided will be true and legitimate; and
You authorize the third party charging you for the Product or Service-Provided Content to receive payments from you for the Product or Service-Provided Content using the payment method you selected.
CHANGES TO THE CONTRACT
Sunabi Studios reserves the right, in its sole and absolute discretion, to change, modify, add, supplement or delete any terms and conditions of this Agreement at any time, with or without prior notice and by any means, including, without restriction, via notification on any Product page, email, update process, pop-up window or notice on the Product.
Continued use of the Product after any modifications to this Agreement constitutes acceptance of such changes. Additionally, you may be asked to affirmatively accept updates to this Agreement at any time.
If an affirmative indication of acceptance is not indicated when requested, the User may lose the ability to use the Product or the Content Provided by the Service.
In relation to Products and Service Provided Content for which you have paid, if you do not wish to accept a change to this Agreement, you must stop using the Product or Service Provided Content and contact Sunabi Studios to inquire about refund options.
DISPUTE RESOLUTION
All disputes or controversies relating to or related to this Agreement will be resolved through mediation and arbitration procedures, which will be administered by the Specialized Mediation and Arbitration Chamber – CAMES of the Federal District.
The mediation procedure will be administered by CAMES, which will act in accordance with its Mediation Regulations.
If the Parties or the mediator conclude that it is impossible to reach an agreement, the dispute will be definitively resolved by arbitration, to be administered by CAMES, which will proceed in accordance with its Arbitration Rules.
The costs and fees of mediation and arbitration procedures will be shared equally between the Parties, except for evidence whose production is of exclusive interest to one of the Parties.
The losing Party will reimburse the winning Party for the costs and fees incurred during the arbitration process, as defined in the arbitration award.
Failure by one of the Parties to attend the first mediation meeting will result in the imposition of a penalty of 5% (five percent) of the value of the dispute in favor of the Party that was present.
The Parties adhere to the Emergency Arbitration procedure provided for in the CAMES Arbitration Regulations, for urgent measures that are necessary, prior to the establishment of the Arbitration Court.
The arbitration procedure will be conducted by an Arbitration Court, consisting of three Arbitrators, appointed in accordance with the CAMES Arbitration Regulations.
The succumbing fees will be set by the Arbitration Court at a minimum of 10% and a maximum of 20% of the value of the case.
For urgent matters and for the execution of an arbitration award, the Parties elect the Court of the District of Londrina/PR, Brazil.
Product license and service provision agreement (“Agreement”)
DISCLAIMER: This is a complimentary translation from the original in Portuguese. For legal purposes, the user must consider the original terms in Portuguese
INITIAL AND GENERAL PROVISIONS
By accepting this Agreement, the User declares that they are an adult of legal age in their country and state of residence, or, if they are a minor, their legal guardian declares that they have consented to the terms of the Agreement.
You agree that your use of the software program, account, product, service or other properties (including the Service and/or Service Provided Content as defined below), including any associated patch, update or downloadable content to the program or other software (together, “Product” or “Products”), will be subject to the terms of this Agreement.
All rights not expressly granted to the User are reserved to Sunabi Studios and its licensors.
Use of the Product is also subject to acceptance of the Sunabi Studios Privacy Policy.
By using the Product, the User is contracting with Sunabi Studios.
By using this Product or accepting both this Agreement and the Privacy Policy and Code of Conduct, the User agrees to be bound by this Agreement, the Privacy Policy and Code of Conduct, and declares to meet all eligibility requirements detailed below.
This Agreement revokes and replaces any and all understandings, negotiations, negotiations and/or contracts previously held between the Parties in relation to its purpose, whether verbal or written, and now constitutes the complete and consolidated expression of the legal transaction concluded between the Parties.
Sunabi Studios may assign this Agreement, in whole or in part, at any time and without prior notice. The User may not assign this Agreement or transfer any rights to use the services.
The User consents to receive from Sunabi Studios notifications about the Product or information required by law to be provided by email to any address specified if registration for the Product has been requested. Notifications sent by email will be considered given and received at the time the email is sent.
If the User does not consent to electronic receipt of notifications, they must stop using the Product. In the case of Products that do not require registration or provision of an email address, notifications and other information may be made available through updates to this Agreement.
Sunabi Studios will not be responsible for delays or non-performance arising from causes beyond the reasonable control of Sunabi Studios, including, without limitation, circumstances or causes beyond the control of Sunabi Studios, such as natural accidents, wars, terrorist actions, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes or shortages of transport, fuel, energy, labor or materials.
If you breach this Agreement, the User agrees that Sunabi Studios would be irreparably harmed if this Agreement were not specifically enforced and therefore agrees that Sunabi Studios will have the right, without ties, external security or proof of damages, to appropriate compensation equitable relief with respect to violations of this Agreement, in addition to such other remedies as Sunabi Studios may be entitled to under the law.
The non-exercise, by the Parties, of any of the rights or prerogatives provided for in this Agreement, or even in the applicable legislation, will be considered an act of mere liberality, not constituting an alteration or novation of the obligations established herein, the fulfillment of which may be required at any time, regardless of prior communication to the defaulting Party.
The Parties do not waive and, on the contrary, may resort to any legal action or measure (including the recovery of losses and damages), to which they may be entitled under the terms of applicable legislation, expressly obliging themselves to accept sanctions, court orders and other actions of such a nature, which aim to prohibit or prevent the violation of this Agreement.
It is expressly established between the Parties that, in the event of a conflict between any other terms or agreements entered into between the Parties and this Agreement, the provisions of this Agreement shall prevail in relation to the Parties.
If any provision contained in this Agreement becomes, for any reason, invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, which shall be interpreted as if the provision deemed invalid, illegal or unenforceable has been reformulated in such a way as to make it valid, legal and enforceable.
ELIGIBILITY
To use some Products, you must:
meet the minimum age requirements of 13 years;
agree to the Third Party Terms - Distributors, provider or platforms;
open an account operated and provided by the respective platform or distributor.
Subject to any appropriate Product age ratings, restrictions and account requirements, the Products are provided to persons who are at least 13 years of age.
If the User is over 13 years old, but under 18 years old, the User and their legal guardian must review this Agreement, the Privacy Policy and Code of Conduct together.
Parents/legal guardians are jointly and severally responsible for all acts (including purchases and payments associated with Service Provided Content) and omissions of their children under 18 years of age when they use a Product.
Sunabi Studios recommends that parents and guardians familiarize themselves with the parental controls available on the Devices they give to their children and monitor their online activities when they are under 18 years of age or under the age of majority in your jurisdiction.
ACCESS AND COSTS
The User acknowledges and agrees that it will provide, at its own expense, the equipment, internet or other connection expenses necessary to access and use the Product.
Sunabi Studios makes no guarantee that the Product will be accessible on all computers, consoles, smartphones, tablets or other devices (each, a “Device”, or, in the plural, “Devices”), through any specific internet server or other type of connection, or in all countries.
The User acknowledges and agrees that he is solely responsible for any expenses incurred by third parties to use the Product.
LICENSE
Sunabi Studios grants the User a personal, limited and non-exclusive license to use the Product for non-commercial use.
To the maximum extent permitted by applicable law, this license granted to use the Product is non-transferable.
The User may not rent, lease, lend, sell, redistribute or sublicense the Product;
You may not copy (except as expressly permitted by this license or any other applicable terms, conditions or rules of use), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Product , any update or any part thereof (except only to the extent permitted by applicable law or to the extent that may be permitted by the license terms governing the use of any open source components included in the licensed application);
The User may not remove or alter the trademarks or logos of Sunabi Studios or its licensors, or the legal notices included in the Product or related assets;
Unless expressly authorized by Sunabi Studios in writing, installation and use is restricted to an authorized Device and User is prohibited from making one copy of the Product available on a network where such copy may be used or downloaded by multiple users
Any attempt to use the Product in violation of the terms of this Agreement is a violation of the rights of Sunabi Studios and its licensors. The terms of this Agreement will apply to any updates provided by Sunabi Studios to replace and/or supplement the Product, unless such updates are accompanied by a separate (and/or updated) agreement. In this case, the terms of the other contract will apply.
The license rights granted herein are also subject to the limitations set forth below. Any use of the Product that violates these limitations is a serious breach of this Agreement, which subjects the user to immediate revocation of their license, and such use is considered a violation of Sunabi Studios' copyright and other rights related to the Product. The User agrees that he will not:
Use, develop, store or distribute codes, automation software (bots), mod rooms, hacks or any other unauthorized third-party software related to the Product or engage in any type of cheating, illicit partnership (boosting) or booting;
Exploit or reverse engineer the Product (or any part thereof) for any commercial purpose, including, without limitation, (a) to enable its use in an Internet cafe, computer gaming center or any other location without express consent in writing from Sunabi Studios; (b) to accumulate in-game currency, items or resources for later sale outside the Product; (c) to perform work within the game in exchange for payment in the world outside the Product, for example, leveling up; or (d) for the sale of accounts, access information or other materials, access or rights to the Product;
Use any unauthorized third-party software that intercepts, "mines" or otherwise collects information from or through the Product;
Unless authorized by Sunabi Studios in writing, store, provide or develop compatibility services for the Product, or intercept, simulate or redirect the communication protocols used by Sunabi Studios in any way, for any purpose, including, without limitation, unauthorized use via the internet, network use, or as part of content grouping networks;
Facilitate, create or maintain any unauthorized connection to the Product, including, without limitation, (a) any connection to any unauthorized server that simulates or attempts to simulate the Product; and (b) any connection using programs or tools that have not been expressly approved by Sunabi Studios in writing;
Violate any law or regulation applicable to the use of the Product;
Disrupt or assist in the disruption of: (i) any computer, device or server used to support the Product; or (ii) any use of the Product by another user;
Interfere or attempt to interfere with the operation of the Product in any way through any feature or device, including, without limitation, initiating a denial of service attack, sending spam messages, illegal system intrusions, or the transfer of viruses or bombs -virtual clock;
Reproduce, distribute, display, transfer or use any part of the Product except as expressly authorized by Sunabi Studios;
Extract, copy, aggregate, redistribute, alter, copy or reuse any accessible user information (whether specific to a particular user or a collective of users) through the Product.
The User understands that access to the Product may also result in access to names, usernames, email addresses and other information, as set out in the Privacy Policy, which is protected by applicable data protection and privacy laws and regulations.
The User understands, acknowledges and agrees that any and all Personal Information of other users constitutes confidential information of Sunabi Studios.
JURISDICTION AND APPLICABLE LEGISLATION
The User declares that he acquired and uses this Product on his own initiative and is responsible for compliance with local laws, to the maximum extent permitted by applicable law, and expressly indemnifies and holds harmless Sunabi Studios for any and all claims, losses, injuries, damages or costs arising from use of the Product, to the maximum extent permitted by law.
Use of the Product and all proceedings arising out of or relating to the Product or this Agreement will, to the maximum extent permitted by law, be subject to the laws of Brazil, without reference to conflict of law principles, and the User consents to submit to the jurisdiction of the courts of Brazil.
SERVICES
In addition to any license to use the intellectual property of Sunabi Studios or its licensors, some Products also contain game features or content that are accessible only through online hosting and/or other online services and functionality provided by Sunabi Studios (“ Services”).
All such Services are provided by Sunabi Studios on a personal, non-commercial and non-transferable basis.
All such Services are provided in accordance with the terms of this Agreement, the Privacy Policy and the Sunabi Studios Code of Conduct.
DATA USE
The way in which information (including personal) is collected, stored and used by Sunabi Studios is governed by the Privacy Policy.
The User is responsible for reading and accepting the Privacy Policy. Use of the Product is conditioned on acceptance of the terms.
USER GENERATED CONTENT
The Product may include message boards, content sharing features, and other methods by which users can share self-authored content (“User Content”).
To the fullest extent of applicable law, by submitting any User Content (including, without limitation, images, videos, customer service messages, idea messages, suggestions and postings), the User automatically grants (or represents and represents that the owner expressly granted) Sunabi Studios a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, and distribute such Content User Content or incorporate User Content to any form, medium or technology now known or hereafter developed in any part of the universe, and agree that Sunabi Studios shall be entitled to unlimited use of the User Content for any purpose, whether commercial or otherwise, without compensation, notification or attribution.
User waives and agrees that it will not assert any moral or similar rights it may have in any User Content.
To the extent that the Product allows other users to access and use User Content, User also grants all other users of the Product the rights to use, copy, modify, display, perform, create derivatives of, and otherwise communicate and distribute your User Content on or through the Product without any notice, attribution or compensation.
The User undertakes and warrants that any User Content provided (i) does not and will not violate any intellectual property rights of any third party and/or the rights of any other person, including, without limitation, privacy rights and any so-called "rights morals"; and (ii) when used as expressed herein, does not and will not require the payment of any royalty or any participation to third parties.
You may not upload or post any User Content that infringes the copyrights, trademarks or other intellectual property rights of any third party, nor may you upload any User Content that violates any third party's right of privacy or right of publicity, or request the payment of royalty or other participation.
You are responsible for any User Content you place on or through the Product, including transmitting, posting or otherwise providing text, files, links, software, photographs, videos, sounds, music or other information or materials.
User may only upload their own User Content to the Product.
Sunabi Studios has no obligation to monitor, approve, verify or pre-screen any User Content submitted to or through the Product.
Sunabi Studios reserves the right (but not the obligation) to remove, block, edit, move or disable User Content for any reason in its sole discretion. To the fullest extent permitted by applicable law, Sunabi Studios assumes no responsibility for your User Content, or for any failure to monitor, edit or remove User Content.
The User agrees not to hold Sunabi Studios liable for any loss or damage arising from the contents of any User Content (yours or other users), including, without limitation, with respect to defamation, harassment or false statements.
Listed below are some (not all) serious violations that may result in termination or suspension of access to the Product and/or restriction of Sunabi Studios' ability to access and/or post User Content. The User agrees not to perform any of the following actions while using the Product:
harass, threaten, humiliate or cause suffering or inconvenience to another participant, user, person or entity;
transmit any User Content that Sunabi Studios deems to be disruptive, illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise unacceptable;
impersonate any person or entity, including, without limitation, Sunabi Studios;
disrupt the normal functionality of the Product or otherwise act in a manner that negatively affects other participants and/or the overall Product experience;
post or transmit any unsolicited advertising, promotional materials or any other type of solicitation;
intentionally or unintentionally violate any applicable law, regulation or treaty when using or accessing the Product;
post multiple messages with the same content (e.g. “spam”); or
invade the privacy or violate/infringe any right of any person or entity, including, without limitation, any intellectual property right.
Sunabi Studios does not endorse or guarantee the accuracy, effectiveness or truthfulness of any User Content created by users.
The Product may permit the sharing of certain personal information with the public, including people who may not be registered users of the Product, and the public may access and use that information by associating it with the user.
The User acknowledges and confirms that it has no expectation of privacy when using these Product tools, including, without limitation, when transferring or sending User Content; comparing your statistics, personal scores and highscores with those of other users; searching for other users by username; discovering events that other users have registered for and accessing and providing links to social media accounts that publicly display user information.
COPYRIGHT
Sunabi Studios respects the intellectual property rights of others and expects users of its services to do the same. If you believe that any content appearing in the Product and/or User Content has been copied in a way that constitutes copyright infringement, you should send the following information to the agent listed below.
Notification of copyright infringement must comply with the Copyright Act. The User must read the text of the law, or consult a lawyer before sending a notification under this instrument.
To submit a notice of copyright infringement, the User will need to send a written notice that includes the following information to Sunabistudios@gmail.com:
Name, address, telephone number and email address;
A description of the work that is claimed to have been copyright infringed;
The exact URL or description of where the allegedly infringing material is located;
A statement by the User that the User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement made by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or the person authorized to act on the copyright owner's behalf.
The Brazilian legal system establishes that the User may be responsible for paying compensation (including expenses and legal fees) if he makes a false statement in good conscience, stating that the material or activity constitutes infringement.
The information provided in the notice of copyright infringement may be provided to the person responsible for the alleged infringement.
SUNABI STUDIOS ACCOUNT
The User declares that he will be responsible for all activities on his account. In the case of minors, the legal guardian declares that he or she will be responsible for all uses of the account carried out by the User, with or without the authorization of the guardian.
If the Product requires the User to provide information to register, all procedures for doing so are subject to the terms hereof and the Sunabi Studios Privacy Policy, incorporated herein by reference along with any other Third Party Terms that may exist.
The User has the option of providing such information or not. However, if you decide not to provide such information, access to the Product may be limited or may even not be available.
If the User decides to provide such information, the User represents and warrants to provide only true, current and accurate information.
You agree not to impersonate any other person or entity or falsify your identity or affiliation with any person or entity. From time to time, Sunabi Studios may ask the User to confirm their registration information (e.g. their email address) in order to continue using the Product; if you decide not to do so, access to the Product may be restricted or terminated.
The User agrees to update their registration data to keep it current and accurate within a reasonable time after any changes are made to such data.
You represent that you are at least the age specified in any applicable age rating or restriction for the Product, and you represent that you are fully capable of entering into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement and of complying with the terms of this Agreement.
Subject to any age rating or other applicable restrictions, the User may create a Sunabi Studios account only if:
You are 18 years old and an “individual”; or
Your legal guardian has read and accepted the terms of this Agreement and the Sunabi Studios Privacy Policy, if the User is between 13 and 18 years of age.
Corporations, limited liability companies, associations and other legal and business entities cannot create an account.
Persons prohibited by Sunabi Studios from using the Product may not create or use an account.
By accepting this Agreement, the User hereby represents and warrants that he or she meets the eligibility requirements.
If you are a registered user of social networking sites, you may be able to connect your social networking account to your Sunabi Studios account.
Social media accounts are subject to their own Third Party Terms.
You acknowledge and agree that the social media account server is not responsible for your Sunabi Studios Account, including for any liability related to your use of the Sunabi Studios Account.
The username on the platform may be the username on the Sunabi Studios Account. Additionally, some Sunabi Studios accounts may allow users to form different Groups of players, with unique group names (“Groups”).
When the User chooses a username or group name, or when creating a rating that can be seen by other users, he or she must respect the following guidelines, in addition to common sense rules. If Sunabi Studios considers that the chosen name is offensive or inappropriate, it may, at its sole and absolute discretion, change or delete the name, and/or suspend or terminate use of the service. More specifically, the User may not use any name:
That belongs to another person with the intent to impersonate that person, including, without limitation, any administrator of the Product or any other employee or agent of Sunabi Studios;
That includes vulgar language or that is offensive, defamatory, obscene, hateful or objectionable in racial, sexual or ethnic terms or that is in any way offensive;
That belongs to any religious figure or deity;
Related to drugs, sex, alcohol or criminal activity.
That is subject to the rights of another person or entity without that person or entity's written authorization;
That belongs to or refers to a popular culture figure, celebrity, media personality, icon or character;
That is, contains, or otherwise resembles a registered trademark or trademark, whether registered or not.
The User may not use a spelling alternative or a spelling error to circumvent the restrictions listed above nor may they have a first and last name that, when combined, violate the restrictions previously determined.
To the maximum extent permitted by applicable law, you are responsible for all use of your account. You must notify Sunabi Studios immediately of any unauthorized use of your username, password, account information or any other breach of security that you discover with respect to your account. This notification must be delivered by letter addressed to Sunabi Studios headquarters and email Sunabistudios@gmail.com.
CONTENT PROVIDED BY THE SERVICE
Service Provided Content consists of materials provided to users of the Product (with or without an account, as applicable), such as unlockable content, virtual assets, codes, achievements, etc.
You understand that although you may sometimes "win", "purchase" or "acquire" Service Provided Content, you do not actually have ownership or any interest in the Service Provided Content and that the price of any Service Provided Content does not refer to any credit balance in real currency or equivalent. Rather, any Service Provided Content you receive is licensed to You and is subject to all terms of this Agreement and the Sunabi Studios Privacy Policy.
Sunabi Studios does not recognize the transfer of accounts or Service Provided Content. You may not buy, sell, resell, lend, rent, gift, trade or otherwise transfer any account or Content Provided by the Service or offer to buy, sell, resell, lend, rent, gift, exchange or otherwise transfer any account or Product materials, and any attempt to do so will be void.
Upon termination of any account, Agreement, or license, User acknowledges and agrees that, to the fullest extent permitted by applicable law, User will maintain no access to or control over any aspect of the item.
MONITORING CONSENT
Communications made through a Product should not be considered private. Sunabi Studios may monitor and/or record User communications (including, but not limited to, chat or voice conversations) when User is using a Product and User hereby grants their express, irrevocable consent to such monitoring and recording.
User acknowledges and agrees that it has no expectation of privacy relating to the transmission of any User Content or communications, including, without limitation, chat or voice conversations.
Since voice conversations and other interactions may be seen and/or heard by other users, the User should avoid revealing any personally identifiable information.
In addition, Sunabi Studios may, with or without notice, disclose IP addresses, personal information, conversation logs and other information about the User and their activities consistent with the Privacy Policy.
SUPPORT
If you have any questions or complaints regarding the Product, please contact Sunabi Studios via email: Sunabistudios@gmail.com.
TERMINATION
The license granted by this Agreement remains active until terminated by the User or Sunabi Studios.
Upon termination of the license, use of the Product must be stopped and all copies, whether partial or total, must be destroyed.
The rights granted by this Agreement to the User will be automatically terminated without prior notice by Sunabi Studios if the User violates any term of this Agreement or Third Party Terms.
Sunabi Studios reserves the right to terminate this Agreement, without justification, via immediate written notice.
Nothing in this Agreement limits Sunabi Studios' rights to suspend, terminate or delete any account used.
Sunabi Studios may suspend, terminate, modify or delete any account at any time, for any reason or no reason, with or without notice, to the fullest extent permitted by applicable law. For purposes of clarification, not limitation, many account suspensions, terminations and/or removals may result from violations of this Agreement.
RIGHT OF WITHDRAWAL
The User has the right to withdraw from this Agreement within 14 days without any justification. The withdrawal period will expire after 14 days from the day of acceptance of the Contract.
To exercise the right of withdrawal, the User must inform Sunabi Studios of their decision to withdraw from the Agreement through an unequivocal statement (for example, a letter sent by post, fax or e-mail).
If the User withdraws from the Agreement, Sunabi Studios will refund all payments received under this Agreement, including delivery costs, if applicable (with the exception of supplementary costs resulting from choosing a type of delivery other than the cheapest type of standard delivery offered), without undue delay and, in any case, within 14 calendar days from the day you were informed of the pickup.
The refund will be made using the same payment methods used for the initial transaction, unless the User has expressly agreed to another method;
In any event, the User will not pay any fees as a result of such refund.
If the User requested the commencement of performance of services under a Contract during the period of withdrawal, the User will pay an amount proportional to what was provided up until the moment the User communicated its withdrawal, compared to the full coverage of the services under the terms of the Contract.
The User loses his right of withdrawal, given that the Agreement is a service contract, after the service has been provided in full and this provision has started with his express consent and with the recognition that he will lose his right of withdrawal once that the service has been provided in full.
To the extent that the Contract comprises the provision of digital content not provided on a physical medium, the User loses his right of withdrawal if the execution began with his prior express consent and with his acknowledgment that he thereby loses his right of withdrawal. However, the right of withdrawal is not lost if the User purchases Virtual Goods transferred for a certain period (e.g. limited-time premium subscriptions).
Based on the foregoing, the User understands that by purchasing Service Provided Content, the User consents to Sunabi Studios making such Service Provided Content available as soon as their order is accepted.
THIRD PARTIES
The Product may permit or request access to third party materials, services or web pages ("Third Party Materials"). Use of Third Party Materials may imply additional terms of service.
The User agrees that they may encounter content that is considered offensive, indecent or objectionable when using Third Party Materials.
You agree (i) to use Third Party Materials at your own risk; (ii) that Sunabi Studios will have no liability for Third Party Materials; (iii) that Sunabi Studios is not responsible for reviewing or evaluating the content, accuracy, completeness, validity, copyright compliance, legality, decorum, quality or any other aspect of such Third Party Materials.
Your right to use the Product is also conditioned on your acceptance of any third party terms of service, terms of use and privacy policies you have accepted (“Third Party Terms”).
Limits on use of or access to certain products may also be imposed by third parties (such as your console, cell phone or Internet access account provider) without prior notice or legal liability. The User agrees that Sunabi Studios will not be responsible for any acts or omissions of such third parties.
WARRANTY EXCLUSIONS AND LIMITATIONS OF LIABILITY
To the maximum extent permitted by law, the Product is provided “as is” and Sunabi Studios does not guarantee its uninterruptibility, freedom from errors, repair of such defects, absence of viruses or other harmful components or the accuracy of the Product content.
To the fullest extent permitted by law, Sunabi Studios expressly disclaims all warranties, whether express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose or use, and non-infringement.
To the maximum extent permitted by law and without prejudice to statutory compliance warranties that may apply, neither Sunabi Studios, its subsidiaries, its licensors or affiliates will be liable for any damage or loss resulting from:
The use or inability to use the Product, including, among others, loss of credibility, work stoppage and computer failure or malfunction;
Loss of or damage to User characters, accounts, statistics, inventories, virtual belongings or profile data; or
From service interruptions, including, without limitation, internet service provider interruption, software or hardware failures, failures of any billing solution or other third-party services, or any other occurrence that may lead to data loss or interruption of services.
Under no circumstances will Sunabi Studios be liable to anyone for any indirect, incidental, special, one-off, remote, speculative, punitive or causal damages.
Sunabi Studios' legal liability will not, under any circumstances, exceed the amount paid by the User within twelve (12) months before the commencement of the action or appeal filed.
INDEMNITY
The User agrees to indemnify, defend and hold harmless Sunabi Studios and its affiliates, together with their respective officers, directors, owners, agents, employees, contractors, information providers and licensors (“Indemnifiable Party” and, collectively, “Parties Indemnifiable Party”) from and against any remedies, liabilities, losses, costs and expenses (including attorneys' fees) generated by an Indemnifiable Party in connection with any breach of the Agreement by the User or the publication or transfer of any User Content.
Sunabi Studios reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise indemnifiable by User, and User agrees, at such time, to cooperate with Sunabi Studios' defense of such claim. .
RISK OF LOSS
Subject to applicable laws, the User assumes all risk of loss for accessing or completing the download of any Product and for any Product accessed or downloaded, including losses for file corruption or general failure of the Device.
Any Product may be available for a limited time and/or be subject to other access restrictions (including, for example, possession of other specific products for access or use). Products may become unavailable due to content provider licensing restrictions or other reasons; Except when determined by applicable legislation, Sunabi Studios will have no liability if any Product, for any reason, is or becomes unavailable for download or access, within the limits permitted by law.
AVAILABILITY
Except as provided herein and/or otherwise required by applicable law, Sunabi Studios does not guarantee that any Product or Content Provided by the Service will be available at all times or at any particular time or that Sunabi Studios will continue to offer the Product or the Content Provided by the Service for any specific period.
Products that can be accessed, viewed or connected to a Device are not available in all languages or in all countries.
Sunabi Studios may change and update the Product or Service Provided Content without prior notice. Sunabi Studios makes no warranties or representations regarding the availability of features of the Online Product and reserves the right to modify or discontinue features of the Online Product at its discretion and without notice.
To the extent permitted by law, Sunabi Studios and its licensors reserve the right to change, suspend, remove or terminate access to any Product at any time without notice, and Sunabi Studios will not be responsible for the removal or termination of access to any Product.
In the case of accessing content protected by Digital Rights Management (GDD), the software may automatically request media usage rights from an online rights server and download and install GDD updates so that the User can play the content.
PROPERTY
All title, ownership and intellectual property rights in the Product (including, without limitation, any titles, trademarks, trade names, computer codes, themes, objects, characters, character names, stories, dialogue, catchphrases , locations, concepts, illustrations, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights and any documentation related thereto) are the property of Sunabi Studios and/or its licensors.
The Product is licensed, not sold, for use. The license does not give the User title or ownership of any nature over this Product, and should not be construed as a sale of any rights in the Product.
You acknowledge and agree that, other than the license granted by this Agreement, you will have no ownership or other proprietary interest in any Product or Content Provided by the Service (including, without limitation, any virtual belongings), and you acknowledge and agree that, To the fullest extent permitted by law, all rights in such Products or Content Provided Through the Service are and will forever be owned and for the benefit of Sunabi Studios and its licensors.
The User agrees that all Third Party Products and Materials contain content, information and materials considered property that are protected by intellectual property legislation and other relevant laws, including, without limitation, copyright laws; and that you will not make use of such content, information and materials considered to be proprietary in any way other than as permitted. No part of the Third Party Products and Materials may be reproduced in any form or by any means other than those permitted by license.
Nothing in this Agreement will convey to the User any right, title or license with respect to any trademark, trade name or any other intellectual or industrial property rights of Sunabi Studios, and any violation of the provision will be subject to the imposition of a fine in the amount of R$100,000.00 (one hundred thousand reais) and taking legal action or measure.
PAYMENT
You agree to pay all charges made to yourself or anyone using a Product on your Device.
The User may pay for certain Products and Content Provided by the Service using the methods available to the Service, and agrees to the terms and conditions applicable to the chosen payment option.
Payment options vary depending on the console, platform, system or Device used to access the Product or Service Provided Content.
When paying for a Product or Content Provided by the Service, the User:
You represent that you are authorized to use the selected payment option and that any payment details provided will be true and legitimate; and
You authorize the third party charging you for the Product or Service-Provided Content to receive payments from you for the Product or Service-Provided Content using the payment method you selected.
CHANGES TO THE CONTRACT
Sunabi Studios reserves the right, in its sole and absolute discretion, to change, modify, add, supplement or delete any terms and conditions of this Agreement at any time, with or without prior notice and by any means, including, without restriction, via notification on any Product page, email, update process, pop-up window or notice on the Product.
Continued use of the Product after any modifications to this Agreement constitutes acceptance of such changes. Additionally, you may be asked to affirmatively accept updates to this Agreement at any time.
If an affirmative indication of acceptance is not indicated when requested, the User may lose the ability to use the Product or the Content Provided by the Service.
In relation to Products and Service Provided Content for which you have paid, if you do not wish to accept a change to this Agreement, you must stop using the Product or Service Provided Content and contact Sunabi Studios to inquire about refund options.
DISPUTE RESOLUTION
All disputes or controversies relating to or related to this Agreement will be resolved through mediation and arbitration procedures, which will be administered by the Specialized Mediation and Arbitration Chamber – CAMES of the Federal District.
The mediation procedure will be administered by CAMES, which will act in accordance with its Mediation Regulations.
If the Parties or the mediator conclude that it is impossible to reach an agreement, the dispute will be definitively resolved by arbitration, to be administered by CAMES, which will proceed in accordance with its Arbitration Rules.
The costs and fees of mediation and arbitration procedures will be shared equally between the Parties, except for evidence whose production is of exclusive interest to one of the Parties.
The losing Party will reimburse the winning Party for the costs and fees incurred during the arbitration process, as defined in the arbitration award.
Failure by one of the Parties to attend the first mediation meeting will result in the imposition of a penalty of 5% (five percent) of the value of the dispute in favor of the Party that was present.
The Parties adhere to the Emergency Arbitration procedure provided for in the CAMES Arbitration Regulations, for urgent measures that are necessary, prior to the establishment of the Arbitration Court.
The arbitration procedure will be conducted by an Arbitration Court, consisting of three Arbitrators, appointed in accordance with the CAMES Arbitration Regulations.
The succumbing fees will be set by the Arbitration Court at a minimum of 10% and a maximum of 20% of the value of the case.
For urgent matters and for the execution of an arbitration award, the Parties elect the Court of the District of Londrina/PR, Brazil.