Terms

Last Updated: 30 June 2023

These Terms of Use govern your use of Cleverside’s games and website available via https://www.cleverside.com (together the “Services” or “games”, “websites” for individual categories). These Terms of Use apply to all our Services, the list of which may change from time to time, unless otherwise specified in a particular Service.

Our contact details:

By using the Services, you are agreeing to comply with these Terms of Use which may change from time to time as set forth herein.

You acknowledge that these Terms of Use are between you and us and not with the app store. You agree to comply with all applicable policies of relevant app store. In the event of a conflict between these Terms of Use and policies of relevant app store, the policies of relevant app store shall take priority.

The Privacy Policy shall form an integral part of these Terms of Use and is incorporated by reference herein.

1. LICENSE

1.1 License Conditions: By complying with these Terms of Use, you are granted a non-exclusive, personal, limited, revocable, and non-transferable license to access, download, and use the Services solely on your devices. This license is subject to your agreement to adhere to all the terms and conditions stated in these Terms of Use (“License”). We retain all rights, title, and interest in and to the Services, reserving any rights not expressly granted to you in these Terms of Use.

1.2 Prohibited Use: While using the Services, you are prohibited from:

a. Licensing, selling, reselling, redistributing, renting, leasing, sublicensing, assigning, hosting, or commercially exploiting the Services or transferring or granting any rights to the Services to any third party.

b. Distributing or making the Services available over a network where it can be downloaded or used by multiple devices simultaneously.

c. Using any automatic or manual device or process to interfere with the proper functioning of the Services, except for the removal of our Services from your device.

d. Decompiling, disassembling, reverse engineering, decoding, adapting, engineering, or creating derivative works of the Services or any parts thereof. All modifications or enhancements to the Services remain our sole property.

e. Attempting to interfere with the operation of the Services, disrupt the provision of the Services to other users, or harm the Services and/or their users (e.g., DoS, DDoS attacks, etc.).

f. Removing or destroying any copyright notices or other proprietary markings contained within the Services.

g. Copying (except for a single backup copy), distributing, making available to the public, or creating any derivative work from the Services or related Services or any part thereof without our prior written consent.

h. Using the Services in any manner contrary to the law, these Terms of Use, or our policies.

 

 

2. MODIFICATIONS AND UPDATES

2.1 We reserve the right to modify, update, or discontinue any part of our Services at any time, with or without notice. We may also update these Terms of Use from time to time. Continued use of our Services after such changes constitutes your acceptance of the updated Terms of Use.

3. INTELLECTUAL PROPERTY

3.1 Services Ownership: We (and our licensors, where applicable) hold all and any rights to the Services (including all modifications and additions to the Services, any versions thereof), their text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content, any other their parts and components, and other intellectual property.

3.2 Trademark Ownership.All trademarks, service marks, and trade names are owned, registered and/or licensed by us (and our licensors, where applicable). you do not acquire a license or any ownership rights to any trademarks, service marks or trade names through your use of the Services.

3.3 No Other Rights: You further acknowledge and agree that, except to the limited license expressly granted to you under these Terms of Use, you shall have no other rights, property or ownership interest to any of our Services.

4. CONTENT AND USER CONDUCT

4.1 Content Ownership: You understand and agree that any content made available through the Services, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. You retain ownership of any content you submit, post, or share through the Services, and you are solely responsible for the consequences of sharing such content.

4.2 Prohibited Content: You shall not use the Services to upload, post, or transmit any content that:

a. Violates any applicable laws, regulations, or third-party rights;

b. Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable;

c. Contains viruses, malware, or any other harmful code that may disrupt, damage, or limit the functionality of the Services or any other users’ devices;

d. Promotes or encourages any illegal activities or provides instructions on how to engage in such activities;

e. Contains false or misleading information or impersonates any person or entity;

f. Harasses, bullies, or intimidates any other users of the Services;

g. Infringes upon the intellectual property rights or privacy rights of any third party;

h. Engages in spamming, phishing, or other forms of unauthorized advertising or solicitation.

4.3 User Conduct: In using the Services, you agree to:

a. Comply with all applicable laws, regulations, and these Terms of Use;

b. Respect the rights of other users and refrain from engaging in any conduct that may harm, disrupt, or interfere with the Services or other users’ experience;

c. Refrain from accessing or attempting to access areas of the Services that you are not authorized to access;

d. Refrain from using any automated means to access or collect information from the Services, unless explicitly permitted by us;

e. Promptly report any unauthorized access or use of your account or any other security breaches to us.

4.4 Monitoring and Enforcement: We reserve the right, but are not obligated, to monitor the Services and the content shared within it. We may remove or disable any content that violates these Terms of Use or is otherwise objectionable. We also reserve the right to suspend or terminate your access to the Services if you violate these Terms of Use or engage in conduct that we deem harmful or disruptive.

4.5 Reporting Violations: If you become aware of any violation of these Terms of Use or any inappropriate behavior by other users, please report it to us immediately.

4.6 Disclaimer: We do not endorse, guarantee, or assume any responsibility for the accuracy, integrity, or quality of any content shared through the Services. You acknowledge that by using the Services, you may be exposed to content that is inaccurate, offensive, or objectionable, and you agree to bear all risks associated with the use of any content available within the Services.

4.7 Modification or Removal of Content: We reserve the right to modify or remove any content within the Services, at our sole discretion, without prior notice.

4.8 Intellectual Property: By submitting, posting, or sharing any content through the Services, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, display, and perform such content in connection with the Services and our business operations.

4.9 Third-Party Content: The Services may contain links to third-party websites or content. We do not endorse, control, or assume any responsibility for such third-party content.

5. PURCHASES

5.1 Virtual Goods: Within our Services, we may offer you the opportunity to “earn” or purchase, using real-world currency, a limited, personal, non-transferable, non-sublicensable, and revocable license to use “Virtual Goods,” including but not limited to:

a. “virtual currency”;

b. “virtual in-game items”;

c. other goods or services.

5.2 Rules: If you choose to purchase or earn Virtual Goods, your use of them is subject to the following license and the specific terms applicable to the Services:

a. Virtual Goods cannot be redeemed or refunded for real-world money. Once you have purchased or earned Virtual Goods, you will not receive any monetary refund as they hold no intrinsic monetary value. Any virtual currency balance displayed in your App account or wallet does not represent a real-world balance or hold any stored value, but rather signifies the extent of your limited license to use Virtual Goods within the Services.

b. Virtual Goods are personal to you and non-transferable. Only you are permitted to use Virtual Goods, and you cannot grant anyone else the right to use them, either through your account or any other means. You are prohibited from trading Virtual Goods for real money with other players, exchanging them for other items, or engaging in any other form of transaction or disposal, except for any in-game Virtual Goods auction function that we may offer.

c. From time to time, we may offer Virtual Goods subject to specific terms. These terms may include discounted offers to purchase Virtual Goods, limited-time purchase or earning opportunities, or specified or unspecified conditions for obtaining such Virtual Goods. We may also sell access to restricted gameplay and challenges, including Virtual Goods that allow you to bypass these restrictions temporarily or permanently. Therefore, certain Virtual Goods may only be available for a limited time or under specific conditions, and you must comply with and adhere to these conditions accordingly.

d. You are solely responsible for your use of Virtual Goods within the Services, and we bear no responsibility or liability for how you utilize them. It is important to note that any winnings resulting from wagering with Virtual Goods cannot be exchanged for real money or its equivalent value.

5.3 Prices: You agree that all prices and sales of Virtual Goods are final, and you are not entitled to refunds for the purchase of the license to use them unless expressly authorized by us.

5.4 Payment Methods: We accept payment methods as provided by the app stores within the Services at the point of sale.

5.5 Right to Change: We reserve the right to change or limit the price, availability, or quantity of any Virtual Goods. Additionally, we may regulate, manage, modify, or eliminate Virtual Goods with or without prior notification. We shall not be liable to you or any third party for exercising these rights.

5.6 Other Terms: Any terms and conditions governing the purchase and use of Virtual Goods that are not expressly addressed herein shall be subject to the terms and conditions established by the applicable app store.

6. THIRD PARTY SUPPLIERS AND ADS

6.1 Third-Party Suppliers: Our Services may include links, advertisements, or promotions that redirect you to websites, services, or products provided by third-party suppliers. We do not endorse or assume any responsibility for the availability, accuracy, legality, or quality of such third-party suppliers or their offerings. Your interactions with third-party suppliers are solely between you and the respective suppliers, and any terms, conditions, warranties, or representations associated with those interactions are solely between you and the third-party supplier.

6.2 Advertisements: Our Services may display advertisements from third-party advertisers. These advertisements may be targeted based on your usage of the Services or other criteria. We do not endorse or guarantee the accuracy, relevance, or quality of the advertised products or services. Your interactions with advertisers are solely between you and the respective advertisers, and any terms, conditions, warranties, or representations associated with those interactions are solely between you and the advertiser.

6.3 Third-Party Content: Our Services may also include content provided by third parties, such as user-generated content or content from content providers. We do not control or endorse such third-party content and make no representations or warranties regarding its accuracy, legality, or quality. Your access to and use of third-party content is at your own risk, and you are solely responsible for evaluating and relying on the accuracy, completeness, and usefulness of such content.

6.4 Disclaimer: We disclaim any liability for the actions, products, services, or content of any third-party suppliers, advertisers, or content providers. Any transactions or interactions you have with third parties, including the delivery of goods or services and any terms, conditions, warranties, or representations associated with those transactions or interactions, are solely between you and the third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions or interactions.

6.5 Third-Party Policies: When you interact with third-party suppliers, advertisers, or content providers, you should review their respective terms of service, privacy policies, and other applicable policies. We are not responsible for the practices or policies of third parties.

6.6 Changes and Discontinuation: We reserve the right to change, modify, or discontinue any aspect of our relationships with third-party suppliers, advertisers, or content providers, including the availability of their services or the display of their advertisements, at any time without notice. We shall have no liability to you or any third party for any such changes, modifications, or discontinuations.

6.7 Your Interactions: Your interactions with third-party suppliers, advertisers, or content providers, including any transactions or interactions, are solely between you and the third party. We do not have control over or assume any responsibility for the actions, products, services, or content of such third parties. It is your responsibility to exercise caution and use your own judgment when engaging with third parties through our Services.

7. DISCLAIMER OF WARRANTY. LIMITATION OF LIABILITY

7.1 No Warranty: Our Services are provided on an “as is” and “as available” basis, without any warranties or representations of any kind, whether express or implied. We expressly disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.

7.2 Content Accuracy: We do not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any content available through our Services. Any reliance you place on such content is at your own risk.

7.3 Third-Party Content and Services: We do not endorse, warrant, or assume responsibility for any third-party content or services provided through our Services. Any access or use of third-party content or services is at your own discretion and risk.

7.4 Limitation of Liability: You acknowledge and agree that to the maximum extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use our Services.

7.5 User Responsibility: You are solely responsible for the use of our Services and any decisions or actions taken based on the information or content obtained through the Services. We do not warrant or guarantee the suitability, reliability, or accuracy of any information or advice provided through the Services.

7.6 No Endorsement: Any mention of third-party products, services, or websites within our Services does not constitute an endorsement or recommendation by us. We do not endorse, warrant, or assume responsibility for the quality, legality, or availability of such third-party products, services, or websites.

7.7 Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, the above disclaimers and limitations may not apply to you to the extent prohibited by applicable law. In such cases, our liability will be limited to the fullest extent permitted by law.

7.8 No Guarantee: We do not guarantee any specific results from the use of our Services. Your use of the Services is at your own discretion and risk, and you are solely responsible for any outcomes or consequences resulting from such use.

7.9 No Legal Advice: Any information or content provided through our Services is for general informational purposes only and should not be considered legal, financial, or professional advice. You should consult with qualified professionals for specific advice related to your individual circumstances.

7.10 Maintenance and Updates: We do not warrant or guarantee that our Services will always be available or that they will be free from errors, defects, or interruptions. We may perform maintenance, updates, or other modifications to improve the functionality and performance of the Services, and we shall not be liable for any resulting inconvenience or loss.

7.11 Reliance on Terms: You acknowledge that you have read and understood the disclaimers and limitations of liability set forth in this clause, and you agree to be bound by them.

8. INDEMNIFICATION

8.1 Indemnification Obligation: You agree to indemnify, defend, and hold us harmless, as well as our officers, directors, employees, agents, affiliates, and licensors, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

a. Your use of the Services;

b. Your violation of these Terms of Use or any applicable laws, regulations, or third-party rights;

c. Any content you submit, post, transmit, or otherwise make available through the Services;

d. Your interaction with any other users of the Services; or

e. Any unauthorized access to or use of the Services by you.

8.2 Notification: We will promptly notify you of any claim or demand for which you are required to indemnify us. However, our failure to notify you shall not relieve you of your indemnification obligations, except to the extent that our failure to notify you causes material prejudice to your ability to defend the claim.

8.3 Defense: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you agree to cooperate with us in asserting any available defenses.

9. TERM, TERMINATION AND SURVIVAL

9.1 Term: These Terms of Use shall remain in full force and effect for as long as you continue to use our Services.

9.2 Termination by You: You may terminate these Terms of Use by ceasing to use our Services and deleting the app from your device.

9.3 Termination by Us: We reserve the right to terminate or suspend your access to the Services, in whole or in part, at any time and for any reason without prior notice or liability. Such termination may result in the deletion of your account and the forfeiture and relinquishment of any virtual goods, credits, or other content associated with your account. We shall not be liable to you or any third party for any termination or suspension of your access to the Services.

9.4 Survival: The provisions of these Terms of Use that, by their nature, should survive termination shall survive termination, including, but not limited to, the sections on Intellectual Property, Content and User Conduct, Disclaimer of Warranty, Limitation of Liability, Indemnification, and Governing Law.

9.5 Effect of Termination: Upon termination, you shall no longer have access to the Services, and any rights granted to you under these Terms of Use shall immediately cease. You must cease all use of the Services and delete any copies of the app from your devices.

9.6 Suspension of Services: We reserve the right to suspend, modify, or discontinue any or all of the Services at any time without liability. We may provide notice of such suspension, modification, or discontinuation through the Services or by other means.

9.7 Data Retention: Upon termination, we may retain and use your data in accordance with our Privacy Policy, including for the purposes of fulfilling our legal obligations, enforcing our rights, and resolving disputes.

10. APPLICABLE LAW

10.1 The provisions of these Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Cyprus.

10.2 Depending on the laws of Your jurisdiction (place of residence), you may have certain rights that cannot be waived through these Terms of Use and that are in addition to the terms of these Terms of Use, and certain provisions of these Terms of Use may be unenforceable as to you. To the extent that any term or condition of these Terms of Use is unenforceable, the remainder of the Terms of Use shall remain in full force and effect.

11. DISPUTE RESOLUTION

11.1 Most concerns can be solved quickly by contacting us at support@cleverside.com. In the unlikely event that we cannot solve your concern and you wish to bring legal action against us, then that dispute will be subject to the jurisdiction of the courts of the Republic of Cyprus.

12. AGE LIMITS

12.1 You represent that you are at least 16 years and above. If you are younger than 16 years, you can only download the Services and use them on your device, if your parent(s) or legal guardian have/has reviewed these Terms of Use and allowed you to download the Services and use the Services subject to these Terms of Use. We may require adequate proof of your identity and age and consent from parent(s) or legal guardian at any time.

13. FORCE MAJEURE

In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.

14. MISCELLANEOUS

14.1 Severability. If any part of these Terms of Use is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible Our original intentions and the remainder of these Terms of Use shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms of Use in a manner consistent with applicable law, then that part shall be deemed deleted without affecting the remaining provisions of these Terms of Use.

14.2 Waiver of our rights. Our failure to exercise or enforce any of our rights under these Terms of Use does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

14.3 Entire Agreement. These Terms of Use is the final, complete and exclusive agreement between you and us with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms of Use).

14.4 Amendments. We can make amendments to Terms of Use from time to time. In case of material amendments, you will be also notified by an in-app message. Your continued use of the Services after the Terms of Use has been amended shall mean that you accept the amendment to Terms of Use. 

14.5 Titles and interpretation. The clause titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.

14.6 Assignment. These Terms of Use and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms of Use without your consent. The terms of these Terms of Use shall be binding upon assignees.