Introduction

Welcome to Supercent Games Private Limited (hereinafter "Supercent" or "Us" or "We" or “Our”). Please read these Terms of Service and our Privacy Policy before using Supercent’s  Services. Before accessing or using the Service, including browsing any Supercent website or accessing a game, you must agree to these Terms of Service and the Privacy Policy.  This Terms of Service, including our Privacy Policy, which is incorporated herein by reference (“Agreement”) governs the relationship between we and user (you) regarding your use of our website and all software, products, games, virtual social platform app, features (collectively “Supercent Products”) and related services (collectively “Services”) made available, displayed or offered by or through such website or the third platform authorized by us.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By continuing usage of the Services, You are consenting to be bound by these Terms for use and access of the Services.

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS BEFORE YOU USE ANY OF THE SERVICES, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of these Terms, then please don’t continue usage or avail any of the Services. YOUR AGREEMENT TO THESE TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND SUPERCENT IN RESPECT OF THE SERVICES. By accepting these Terms, You also allow Supercent to send You promotional emails and SMS alerts from time to time.By entering, installing, playing, using or accessing to the services, you fully agree to the terms of Agreement which may be altered time by time.If you do not agree to this Agreement, please exit or stop accessing the services. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Supercent reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Supercent policies at any time by posting the amended terms on the Supercent Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Supercent Privacy Policy, or any other Supercent policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

 

1. DEFINITIONS

“Account” means an account created when you access the Services or an account you create when you access the Services.

“You”/“Your “/“Yourself” shall mean and refer to any user accessing or using the Services.

“Supercent” or “Supercent Games” or “We” or “Our” or “Us” shall mean Supercent Games Private Limited.

“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms.

“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that Supercent may offer from time to time to certain eligible players.

“Services” or “Service” means our games, products, services, content, Supercentgames.com, and/or other domains or websites operated by Supercent.

“Supercent Products” or “Products” or “Supercent Product” is used as shorthand for our online games and products published by Supercent including but not limitation to mobile games, virtual social platform app, information headline app, chatting tools, information board.

“Terms of Service” or “Terms”  or “T&C” means these terms of service.

“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.

“Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and (b) virtual in-game items.

"Virtual Currencies" is used to describe the in-game currencies that can be purchased in certain Supercent Products.

Other terms are defined in context below.

 

2. INTERPRETATION

Headings and captions are used for convenience only and will not affect the interpretation of these Terms.

Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.

Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Supercent will, unless repugnant to the context, including its affiliates, successors and permitted assignees.

 

3.TERMS OF THE AGREEMENT

3.1 Execution requisites

These user terms and conditions (“T&Cs”) apply to Your access to, and use of the online services including mobile applications and websites (“Services”), provided by Supercent Games Private Limited, and its subsidiaries, licensees, and affiliated companies (“Supercent”).
Our allowance to you to use and access the Services is conditioned upon your agreement to all of the terms and conditions contained in the Agreement. Such additional terms and conditions including the Privacy Policy, any rules, guidelines, codes of conduct or instructions specified in any Supercent Product including our game rules are hereby incorporated in this Agreement by reference. Your use of Services constitutes your agreement to all such terms and conditions. If you do not agree, you should not access or use such Services

3.2 Eligibility

By registering for an Account or otherwise using our Services, you represent that you are age 13 or older and you understand and agree to this Agreement. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

You shall not permit the use or access of the Services through your Account by your child/ward if they are below the age of 13 years old.

You are liable for all activities conducted through your Account, whether or not authorized by you, including without limitation all purchases and in particular, parents or guardians are liable for all activities of their minor child conducted through the Account.

 

4. CHANGES TO THESE TERMS

You can find these terms at any time by visiting http://www.supercentgames.com/Terms-Of-Services/

We reserve the right to update these terms from time to time by posting the updated version at that address.

We also reserve the right to make changes to the Services, posted policies and these Terms of Use at any time without notice. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services

We may or may not provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless we state otherwise, changes are effective when posted. New versions of the Terms and any other policies, codes, or rules will be accessible at www.supercentgames.com or from within the Services. If you continue to use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of the Services. If You do not agree to the revised Terms, You should discontinue accessing and/or using Our Services immediately

You can’t make changes to the Terms unless both you and Supercent sign a written amendment.If you have a dispute with Supercent, the version of the Terms in effect at the time Supercent received actual notice of the dispute will apply to such dispute.

If the Terms or our Privacy Policy have any provisions or information that conflict with other Supercent terms or policies, these Terms and the Privacy Policy as applicable shall govern.

Please contact us at support@supercentgames (dot) com for any questions regarding customer relations and any issues arising from your in-game activity.

 

5. OWNERSHIP; LIMITED LICENSE

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Supercent policies, Supercent grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

  • You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
  • You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
  • You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Supercent, or previously been banned from playing any Supercent game.
  • You agree not to use the Services for any other purpose and agree that Supercent will have no liability to you for any damage or loss arising from unauthorized uses.

If you breach these Terms, or any of our other terms that apply to you, we may take action against you, up to and including terminating your account. In addition, you may be breaking the law, including breaches or violations of Supercent’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SUPERCENT GAME, IS A BREACH OF SUPERCENT POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

Your Account

  • You understand and acknowledge that You can register on the Services only after complying with the terms of Agreement and through a valid Email ID or a social networking site ID.
  • You will be required to enter Your Email ID or social networking site ID on the Services following which you will be registered.
  • Upon completion of the verification process in accordance with the above, You will be granted access to the game.
  • In order to use the Services, You are required to provide Registration Data to Supercent. You shall not impersonate someone else or provide account information, an email address or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You. This information or data will be held and used in accordance with Supercent’s Privacy Policy.
  • You agree to supply Supercent with accurate, complete, and up-to-date information, particularly your email address.
  • While using our services You must not provide or use a name that infringes the rights of any third party, impersonates our staff or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate.

We reserve the right to make such assessment in our sole discretion, change any name for any reason or take such other action as we believe appropriate.

Account Security

  • You agree to keep your account info safe at all times and not to disclose it to any other person that might jeopardize the security of your Account.
  • You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account.
  • You are responsible To help ensure the safety of your account info, you must keep your device free of viruses and other malicious code including Trojans, worms, time bombs, malware and spyware. If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately. Supercent staff will never ask you for your confidential info.

Limited License

  • Regardless of any other statement in these Terms, you do not own any Account that you create on our Services, including in our games, and your Account is not your property. Likewise, you do not own any Virtual Items that you obtained through our Services, regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related Virtual Items are owned by Supercent. Supercent gives you a limited license and right to use your Account and the related Virtual Items while we offer the Services.

Virtual Items

  • You understand that while at times you may “earn” "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items.
  • You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made.  For the purposes of this paragraph, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers. We reserve the right to control, regulate, change or remove any Virtual Money, Virtual Goods and/or Subscriptions without any liability to you at any time. We may revise the pricing for Virtual Goods, Virtual Money and/or Subscriptions offered through the Services at any time. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.

TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.

TRADING AMONG USERS OR PLAYERS

  • VIRTUAL ITEMS ARE FOR YOUR PERSONAL USE ONLY.
  • All trading, sublicensing, renting, leasing, loaning, selling or transfers of Accounts, virtual currencies or virtual items, including without limitation, trading of Account ID, Account Names, Virtual Items and all out-of-game transfers, are strictly prohibited.
  • You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.
  • Unless otherwise shown, content available in any in-game store has the same age rating as the game.

If we suspend or terminate your account in accordance with these terms you may lose any Virtual Money, and Virtual Goods. YOU ACKNOWLEDGE THAT SUPERCENT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

The charge for any individual item you can purchase via our Service shall be as stated on our Service at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Service. We accept payment via our payment processing partners by credit card, debit card, carrier billing and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavor to fulfill your order immediately at the point of purchase.

We do not provide any cash or refunds for Virtual Currency or Items (except as required by law) and Virtual Currency and Items do not have any real world monetary value. We may impose additional restrictions concerning the acquisition or redemption of Virtual Currency and Items. For example, we may cap the amount of Virtual Currency which can be acquired, held or redeemed in any particular period or we may impose restrictions based on your country of residence.

FOR THE AVOIDANCE OF DOUBT, VIRTUAL CURRENCY HAVE NO CASH VALUE, DO NOT ACCRUE INTEREST AND, UNLESS OTHERWISE REQUIRED BY LAW, ARE NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM ONEMT AT ANY TIME.

Rights of our action

We reserves the right to restrict access to, delete, reduce or liquidate Virtual Currency:

  • (1) if you have misused the Virtual Currency or breached any of these terms and conditions;
  • (2) if the Virtual Currency were awarded in error;
  • (3) if a payment for Virtual Currency is charged back or otherwise cancelled or reversed; or
  • (4) if you have used Virtual Currency to conduct any fraudulent or illegal activity.

We reserves the right to restrict access to or delete Items:

  • (1) if you have misused the Items or breached any of these terms and conditions;
  • (2) if the Items were purchased using Virtual Currency awarded in error;
  • (3) if such virtual items are trading among users in real world which are strictly prohibited in this Agreement, or
  • (4) if a payment for Virtual Currency used to purchase the Items is charged back or otherwise cancelled or reversed.

WE MAY AT ANY TIME DECIDE TO END IN PART OR ITS ENTIRETY THE VIRTUAL ITEMS PROGRAM FOR ALL OR ANY OF OUR SERVICES. BEFORE WE DELETE THE UNUSED VIRTUAL ITEMS, WE WILL ENDEAVOUR TO CONTACT YOU TO GIVE AT LEAST FOUR WEEKS TO REDEEM THEM.

IF YOUR ACCOUNT FOR A SUPERCENT PRODUCT REMAINS DORMANT (I.E. IS NOT USED) FOR MORE THAN 180 DAYS, AND THERE IS UNREDEEMED VIRTUAL CURRENCY ASSOCIATED WITH YOUR ACCOUNT, WE MAY CHOOSE TO TERMINATE YOUR ACCOUNT.

YOU MAY ACTIVATE DORMANT ACCOUNT BY ASKING CUSTOMER SERVICE. IN CASE OF SUCH REQUESTS, IF POSSIBLE WE WILL SUPPORT YOUR ACTION AND TRY TO ACTIVATE YOUR ACCOUNT AND RECOVER VIRTUAL ITEMS IN THE ACCOUNT BASED ON THE DATA RECORD WHEN THE TERMINATION ACTED.

6. PLAYING OUR GAMES WITH OTHER USERS

Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:

  • 6.1.1 choose to play against another user or to play socially with another user whom Supercent selects for you, or
  • 6.1.2  play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

6.2 Where Supercent selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).

6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.

User Interactions

  • You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Supercent games. Supercent reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Supercent to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Supercent access to any password-protected portions of your Account.
  • If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  • The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Supercent cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Supercent shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

 

7. USING OUR SERVICES

Who can use our Services

We are excited to have you start playing our games, but there are some limits on who can use our Services.

You may not use our Services if:

  • Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
  • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Supercent game or any Supercent game experience.
  • Modify or cause to be modified any files that are a part of the Service or any Supercent game without Supercent's express written consent.
  • You are under 13 years of age (or under 16, if you are located in the European Economic Area (the “EEA”)), in which case you must not create an Account, use any of our Services, or submit personal information in the Services or to Supercent(for example, your name, address, telephone number, or email address). This prohibition does not apply if, and only if, you are between the ages of 13 and 17, your legal guardian has reviewed and agreed to these Terms.
  • If you are under the age of 18, or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms.
  • You have previously been banned from playing any Supercent game or using any Supercent Service, unless Supercent has reversed that ban, in its sole discretion.
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
  • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
  • You engage in commercial activities and/or sales without Our prior written consent, including activities such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items. [Throughout these T&Cs, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization]
  • Engage in any act that Supercent deems to be in conflict with the spirit or intent of the Service or make improper use of Supercent's support services.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any Supercent game environment
  • Create any liability for Supercent or cause Supercent to lose (in whole or in part) the services of Our ISPs or other suppliers.
  • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Supercent, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Supercent employees, including Supercent's customer service representatives.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Supercent game, or to obtain any information from the Service or any Supercent game using any method not expressly permitted by Supercent.
  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Supercent employee.
  • Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Supercent game.

Supercent reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Supercent reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

Additional Important Rules and Terms

  • If you access the Services from a social network, such as Facebook, or download the Services from another platform, such as Apple or Google, you must also comply with that third party’s terms of service/use as well as these Terms.
  • You shall not use the Services for any commercial purposes.
  • You shall not probe, scan or test the vulnerability of the Services or any network connected to the Services nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Services, or any other user of Supercent, including any of Our account not owned by You, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Services.
  • You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Our systems or networks, or any systems or networks connected to the Services.
  • You shall not use the Services in any manner that could damage, disable, overburden, block or impair any of the servers connected to the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.
  • You understand that We have the right at all times to disclose any information (including the identity of the users) as necessary to satisfy the Applicable Law, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  • We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Accessing our Services

  • To access or play our games or create an Account with us, you may need an account with a social network, like Facebook, and, if you are using our mobile Services, an account with the company that provides your mobile applications, like an Apple iTunes account. You may need to update third-party software from time to time to receive the Services and play Supercent’s Games.
  • We provide the games and other Services. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.

Service Changes and Limitations

  • You understand that the Service is an evolving one. Our Services are evolving and we may require that you accept updates to the Services as well as to the Terms, and the Supercent Privacy Policy. From time to time we may make you update the game or your software to continue to use our Services. We may perform these updates remotely, including to Supercent software residing on your computer or mobile device, without notifying you.
  • Supercent reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, Supercent is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased.
  • SUPERCENT MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND SUPERCENT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. This does not apply to users located in the EEA. If you are located in the EEA, we will endeavor to give you at least one month’s notice of any material changes before they take effect, and if you are unhappy with those changes, you can choose to cancel your Services under these Terms.

Deleting your Account

  • You may stop using our Services at any time and may terminate or delete your Account at any time and for any reason by following  the instructions in our Privacy Policy.
  • SUPERCENT RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
  • Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your Account.

8. USER CONTENT


"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Supercent game client or the Service, or that other users upload or transmit, including without limitation any chat text.

If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:

  • accurate;
  • not confidential;
  • not in violation of law;
  • not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
  • free of viruses, adware, spyware, worms, or other malicious code;
  • in compliance with our Terms and Privacy Policy
  • Your User Content will be processed by Supercent in accordance with our Privacy Policy. You are solely responsible for securing and backing up your content.

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Supercent cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Supercent shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but you give Supercent a an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Supercent the right to authorize others to exercise any of the rights granted to Supercent under these Terms of Service. You further hereby grant to Supercent the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Supercent does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Supercent has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms, our Community Rules, or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.

If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.

9. MONITORING USE OF SERVICES

We have no obligation to monitor the Services for inappropriate or illegal User Content or the conduct of other players. We also are not responsible for information, materials, products, or services provided by other players (for instance, in their profiles) and User Content is not approved by us. However, if someone is violating these Terms or misusing the Services, please let us know by contacting us at support@supercentgames (dot) com

While we have no obligation to monitor the Services, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with Supercent or other player when you are using the Services (including without limitation your communications through in-game text or video chat). For more information, see our Privacy Policy. We may also, at our discretion, choose to edit, refuse to post, or remove any User Content. If we determine that your communications or User Content violate these Terms, Feature Terms, or Community Rules, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Services entirely.

10. FEES AND PURCHASE TERMS

We provide a service in the form of access to games, Virtual Items, and our other Services. In the Services you may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services.

How it Works

You get a limited license and right to use Virtual Items by visiting the purchase page in one of our games or Services and providing billing authorization through the platform on which you are playing (e.g., Facebook, Apple, Google).

When you purchase Virtual Items in our games on platforms such as Facebook, Apple, or Google, Supercent is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You can also contact our Billing Support team as described below for questions concerning refunds of purchases made through Facebook or Google.

You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT SUPERCENT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

 

Additional Payment Terms

When you provide credit card information to us, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees.

We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, we will not be liable or responsible for any Purchaser Errors.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Supercent may revise the pricing for the goods and services it licenses to you through the Services at any time.

For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:

agree that we will supply the Virtual Items to you as soon as we have accepted your order; and

if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.

 

Billing Support

For billing support, please contact us by sending an email to support@supercentgames (dot) com

11. PRIVACY POLICY

Your privacy is very important to us and we will not reveal your personal data to third parties except when expressly authorised by you to do so or in special circumstances.

The terms of the Privacy Policy are incorporated into this agreement by reference. For a description of how we use your personal data, please see our Privacy Policy located at:http://www.supercentgames.com/Privacy-Policy/

12. MAINTENANCE OF OUR SERVICES

USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. We will use reasonable endeavors to maintain operation of our services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, temporally updates or emergency updates our services and we may have to suspend operation of any of our services without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control. We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you.

We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.

We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

13. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE

WITHOUT LIMITING ANY OTHER REMEDIES, SUPERCENT MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR SUPERCENT SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SUPERCENT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR   POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

SUPERCENT RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Supercent reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Supercent shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service

Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may stop using our Services at any time and may terminate or delete your Account at any time and for any reason by following  the instructions in our Privacy Policy.

You can exit using the Services and/or terminate Your Account by submitting a request to Us at support@supercentgaes (dot) com. We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all transactions that occurred prior to termination of Your Account.

14. FEEDBACK AND UNSOLICITED IDEAS

We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of Supercent. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Supercent, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.

Rarely, we may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Any feedback you provide is deemed to be non-confidential and non-proprietary. Supercent shall be free to use such information on an unrestricted basis, without any compensation to you or any third party.

15. NOTICE OF INFRINGEMENT

We respect the intellectual property rights of others and ask that you do, as well.

Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Services constitutes an infringement of your copyrights or trademarks, we will respond promptly to any properly submitted notice containing the information detailed below. Please send all notices to the following e-mail address: support@supercentgames (dot) com

To be effective, the notification must be a written communication that includes the following:

  1.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2.  Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3.  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4.  Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5.  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6.  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We reserve the right to terminate any player’s access to the Services if we determine that the player is a “repeat infringer.” We do not have to notify the player before we do this.

16. PROPRIETARY RIGHTS

With the exception of content posted by users of the Services (“User Content”), Supercent retains all rights in the Service materials (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, personalized avatar, recordings of games played and other files, and their selection and arrangement) (collectively, Service Materials) are copyrighted works owned, controlled or licensed by Supercent. The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.

Supercent reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service and Playtikas names, logos, trademarks, brands or service marks (Trademarks) used with the Service and are owned or licensed by Supercent. You may only use the Service Materials in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Service Materials may not be used by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. Any unauthorized use by you of the Service Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

With the exception of content posted by users of the Services (“User Content”), all materials contained on the Services, including all content, the Virtual Items and the software, graphics, text and look and feel of the sites, and all trademarks (including Supercent Games and the titles of all of our Apps), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Supercent Games Private Limited .You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose.

As referenced above, even though you may buy Virtual Items with “real-world” money, you do not, in fact, “own” such items. By making such a purchase, you are merely being granted a license to use such Virtual Items in the applicable Apps or other Services for which such Virtual Items can be used. The Virtual Items have no real-world value and are not in any way a credit or balance of real currency or its equivalent. In no event can any Virtual Items be redeemed for actual “real-world” currency. We have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights.

Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.

All trademarks, brands and service marks used in connection with the Services offered are owned by Supercent and is Supercent’s property. Supercent owns all copyrights and intellectual property rights and database rights in connection with the Services. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on the Services and all rights therein are reserved to the registered owners of those trademark

Supercent owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Supercent game, whether “earned” in a game or “purchased” from Supercent, or any other attributes associated with an Account or stored on the Service.

You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by use of the Services.

17. NON-COMMERCIAL USE

The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited.

18. PROMOTIONS AND OFFERS

From time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms.

In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept, any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.

19. THIRD-PARTY ADVERTISING

Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read it.

Sometimes we provide links in our games or on the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services or upgrade (such as in-game currency) in exchange. Any charge or obligation you take on in dealing with these other companies is your responsibility.

We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.

Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.

20. CONFIDENTIALITY AND COLLECTION OF PERSONAL DATA

Your privacy is very important to us and we will not reveal your personal data to third parties except when expressly authorised by you to do so or in special circumstances.

For further information concerning our use of personal data, please read our Privacy Policy carefully.

21. THIRD PARTIES/ OTHER BUSINESSES

We do not take responsibility or liability for the actions, products, content on the Services, which are linked to affiliates and/or third party websites using Our APIs or otherwise. In addition, We may provide links to third party websites of affiliated companies and certain other businesses for which, We assume no responsibility for examining or evaluating the products and services offered by them, and We do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof. Your reference to and use of the same, shall be solely at Your own risk.

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Supercent games. Supercent reserves the right, but has no obligation, to become involved in any way with these disputes.

22. THIRD-PARTY MERCHANTS / PROVIDERS

The Services may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services.

In addition, the Services may prompt you to establish an account with a third-party service provider not owned or operated by us. Your agreement and understanding with any such third-party service provider is solely between you and such service provider. We will not be a party to, or in any way be responsible for, your agreement with such third-party service provider. Any disputes you may encounter with such third-party service provider shall be settled solely between you and the service provider.

23. THIRD-PARTY MARKETPLACES

These Terms of Service are between you and Supercent Games Private Limited only, not with Apple, Facebook or any other third party through which you may have purchased any of the Apps (“Marketplaces”). The Marketplaces are not responsible for the App you purchased or our Services. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Apps. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the Apps infringe upon a third party’s intellectual property rights.

24.LINKS

The Services may contain links to websites operated by third parties, including through in-App advertisements. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site.

We reserve the right to disable links from or to third-party sites.

25. ELECTRONIC COMMUNICATIONS

When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

26. SUPPLEMENTAL POLICIES

Supercent may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

27. TRANSFERRING THESE TERMS

We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

28. DISCLAIMERS OF WARRANTIES

You expressly agree that use of the service is at your sole risk and is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty days from first use or the minimum period required).

Without limiting the foregoing, neither Supercent nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, "Supercent parties") warrant that the service will be uninterrupted or error-free.

SUPERCENT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

29. SEVERABILITY AND SEPARATION OF TERMS

Each of the paragraphs of these Terms operates separately. if any part of these Terms is not enforceable, the rest of these Terms, still apply and are binding, and any unenforceable term will be substituted with a term that most closely matches the intent of the original provision and that comes as economically close to the unlawful or unenforceable term as possible.

30. WAIVERS OF OUR RIGHTS

Our failure to exercise or enforce any of our rights under these terms 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.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Supercent shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Supercent.

31. ENTIRE AGREEMENT

These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including Supercent’s Privacy Policy), contain the entire understanding of you and Supercent, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.

32. LANGUAGE OF THE TERMS

If we provide a translated version of the Agreement or any other terms or policy, it is for informational purposes only. In the event of any conflict between a translation of this Agreement and the English version, the English version shall prevail.

33. GOVERNING LAW AND DISPUTE RESOLUTION

If a dispute arises between you and Supercent, we strongly encourage you to first contact us directly. Most concerns can be solved quickly by contacting us at support@supercentgames (dot) com

Any dispute, controversy or claim arising out of or relating to this Terms or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of Supercent as Supercent may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer.

The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Bengaluru.

In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted.

In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of India. You irrevocably agree that the courts of India have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims).

This Terms shall be governed by and construed in accordance with the laws of India and, subject to this Clause, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Bengaluru, India only.

34. NOTICES

If we have to give you notice of something according to the Terms, we may notify you by posting a message on www.supercentgames.com or in the Supercent game(s) you play, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us.

Any notice or notification in relation to these Terms which You wish to make to Us must be made in writing to ‘support@supercentgames (dot) com’.

All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.

You will be subject to Our Terms and privacy policy. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

35. OTHER

This Agreement is deemed accepted upon any use of any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

36. INDEMNITY AND LIMITATION OF LIABILITY

INDEMNITY

You agree to indemnify and hold Supercent Games Private Limited, our subsidiaries and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT SUPERCENT AND THE SUPERCENT AFFILIATES ARE NOT LIABLE

  • (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR
  • (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES.

THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF SUPERCENT  AND/OR THE SUPERCENT AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID SUPERCENT AND/OR THE SUPERCENT AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID SUPERCENT OR ANY SUPERCENT AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SUPERCENT AND/OR ANY SUPERCENT AFFILIATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUPERCENT OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF SUPERCENT.

These limitations/exclusions to do not apply to users located in the EEA. For those users, if Supercent fails to comply with these Terms, Supercent is responsible for loss or damage you suffer that is a foreseeable result of Supercent’s breach of these Terms or is a result of Supercent’s negligence, but Supercent is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Supercent at the time we entered into these Terms.

NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OUR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED INR 10,000/- (INR Ten Thousand Only).

37. EQUITABLE REMEDIES

You acknowledge that the rights granted and obligations made under these Terms of Service to Supercent are of a unique and irreplaceable nature, the loss of which shall irreparably harm Supercent and which cannot be replaced by monetary damages alone so that Supercent shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Supercent game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages,limited by Section Limitation of Liability set forth above (if any).

38. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

39. SUPPORT OR CONTACT US

Subject to the other provisions of this Agreement, Supercent will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at support@supercentgames (dot) com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.