Spiral Interactive Terms of Service
These Terms of Service constitute a legal agreement between you and Spiral Interactive Ltd. (“Spiral Interactive,” or “we,” “us,” “our”), regarding your download, access, and/or use of Spiral Interactive games (each a “Game,” and collectively, the “Games”), available through various app stores (each an “App“, and together, the “Apps”).
These Terms of Service (the “Terms”) also apply to any other services that we may provide in relation to the Games or the Apps (collectively, together with the Games, the “Services“).
“You” means any adult user of the App, or any parent or guardian of any minor whom you allow to use the App or the Services, and for whom you will be held strictly responsible.
The Games are not intended for minors under the age of 13. IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE THE SERVICES IN ANY WAY.
WE ARE NOT A REAL MONEY GAMBLING GAME AND WE DON’T OFFER REAL MONEY GAMBLING OR REAL MONEY WINS.
Please read these Terms carefully. These Terms govern your access to and use of the App and/or Services.
By using the Apps and/or Services, you signify your acceptable of these Terms.
Changes may be made to these Terms from time to time. Your continued use of the App or Services shall be deemed acceptance of the amended or updated terms. If you do not agree to any of these Terms, please do not use the App or Services.
You may use the App and Services in accordance with the terms set forth herein. Spiral Interactive may, in its sole discretion and at any time, discontinue providing any part of the App and/or Services without notice.
Access and use of the App and/or Services is allowed solely for your personal, non-commercial purposes, in accordance with these Terms and any conditions or restrictions associated with particular Games. All other uses are expressly prohibited absent Spiral Interactive’s express written consent.
Use of the Services and access to the App is void where prohibited. By using the Services, you represent and warrant that:
Access to the Services is provided by either the downloading of a Game from an app store or, in certain instances, by uploading a Game via a designated platform. You may also access the Services by logging in through your Facebook account and/or other approved third-party logins. We may change the access method at our discretion. By accessing the Services through Facebook and/or any other approved third-party login, you represent and warrant that the Facebook and/or other third-party login account is yours and you have full rights to use such account and provide us with the information in this account.
Virtual Money and Virtual Goods
Our Games may include virtual currencies, such as coins (“Virtual Money”) or features, items or services for use with our Games (“Virtual Goods”). You may purchase Virtual Money and/or Virtual Goods from us, which you must pay for with real money and only if you are at least eighteen (18) years of age. You agree that neither Virtual Money nor Virtual Goods may be exchanged for real money or real goods or services from us or any other party outside the Services. You may, however, under certain circumstances, transfer certain Virtual Goods within a Game to other identified users of a certain Game. Except as expressly permitted herein, you agree that Virtual Money and/or Virtual Goods are non-transferrable and that you shall not transfer or attempt to transfer any Virtual Money and/or Virtual Goods to anyone else.
You do not own Virtual Money and/or Virtual Goods; instead, you purchase a limited personal revocable license to use Virtual Money and/or Virtual Goods – any balance remaining of Virtual Money and/or Virtual Goods does not reflect any stored value.
Subject to applicable law, all sales by us to you of Virtual Money and/or Virtual Goods are final and we will not refund any transaction once it has been made. However, please note that when you purchase a license to use Virtual Money and/or Virtual Goods from us, the performance of our Services begins promptly once your purchase is complete and therefore, your right of withdrawal is lost at this point. We reserve the right to control, regulate, change or remove any Virtual Money and/or Virtual Goods without any liability to you. If we suspend or terminate your access to any Game for reason, as detailed below, you will lose any Virtual Money and/or Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
We may revise the pricing for Virtual Money and/or Virtual Goods offered through the Services at any time and at our sole discretion. We may limit the total amount or number of Virtual Money and/or Virtual Goods that may be purchased at any one time, and/or limit the total amount of Virtual Money and/or Virtual Goods that may be held in your account in the aggregate. You are allowed to obtain Virtual Money and/or Virtual Goods only from us or our authorized partners through the Services, and not in any other way.
Some of our Games allow you to play against an opponent, who is also a registered user of such Game. By accessing and/or playing those of our Games which allow you to play against an opponent, you agree: (i) to have your name, scores, and other related details displayed to other registered users; (ii) that other registered users may find you by searching for your information.
Termination of Access
If we believe, in our sole discretion, that a violation of the Terms or any illegal or inappropriate behavior has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the App and/or Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior.
Any suspension or termination of your access shall not affect your obligations to us under these Terms (including but not limited to indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination of access.
Certain types of content may be made available through the App or the Services.
“Content” as used in these Terms means, collectively, all content on or made available on the App or through the Services, including any software, sound, graphics, video, images, photos, pictures, and any modifications or derivatives of the foregoing.
Content on the Services and Apps comes from a variety of sources. You understand that Spiral Interactive is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content.
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
You may not do or attempt to do any of the following:
The Services and Apps and all elements comprising the Apps and Services, including without limitation, the text, design, logos, graphics, icons, videos, and images, as well as the copyright and trademarks are and shall at all times remain the sole property of Spiral Interactive or its licensors.
Except as expressly permitted in the Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Services and/or the Apps or any Content is strictly prohibited. Trademarks, services, marks and logos displayed on the Services and/or Apps are the exclusive property of Spiral Interactive unless otherwise stated and may not be used without our express written consent. All rights not expressly granted herein are reserved to Spiral Interactive, its affiliates and its licensors. You shall have no ownership or property interest in any of our Services, including without limitation, Virtual Money and/or Virtual Goods.
No Warranties; Disclaimer
Your use of the Apps and Services is at your sole discretion and risk. The Apps, Content and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. We do not represent or warrant that any of the Services will be useful for your own needs.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APPS, CONTENT THEREOF, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPS AND SERVICES; (II) THAT THE APPS AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; AND (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APPS AND SERVICES.
No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We assume no responsibility or liability with respect to any Game design through the Apps or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, software, damage to users or to any person’s computer, cellular phone and/or other device related to or resulting from participation in or downloading materials in connection with the Apps or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Apps or Services, from any Content posted on or through the Apps or Services, or from the conduct of any users of the Apps or Services, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE GAMES PROVIDED AS PART OF OR THROUGH THE APPS OR THE SERVICES, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM.
You agree to indemnify, defend, and hold harmless Spiral Interactive and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or (mobile) device, password or account or login information (including but not limited to breach of warranties, representations and obligations under these Terms); (b) any claim, loss or damage experienced from your use or attempted use of the Apps or the Services, including any Virtual Money and/or Virtual Goods purchased via the Apps or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
Third Party Content
The Apps (including, without limitation, advertisements) may provide you with third party links to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through such third party websites and applications, or for the privacy policies of the same such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.
These Terms shall be governed by the laws of the State of Israel and the competent courts in Tel Aviv-Jaffa shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Spiral Interactive or enables you to act on behalf of Spiral Interactive. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. You shall not be entitled to assign any of your rights hereunder to any third party. Spiral Interactive may assign any and all rights hereunder to any third party.
Last updated: August 2018