Terms of Use - as of October 22, 2015
Please read these terms of use carefully before using our services. Use of any of our products or services indicates that you agree to abide by all the terms and conditions of this agreement. If you do not fully agree to these terms of use, you must not install, use or otherwise access our services. use of the services is void where prohibited.
These terms of use(„Terms of Use“) are a legal agreement between Tiny Roar UG (haftungsbeschränkt)(„Tiny Roar“, „we“, „us“ or „our“) and our users(„Users“, your“ or „you“) regarding your use of social and mobile games controlled by Tiny Roar that are available at social network sites(„Applications“) and the related services(„Services“). Please read these Terms of Use and our Privacy Policy carefully, before you start using any part of the Services. By using the Services you agree to be bound by these Terms of Use including, without limitation, disclaimers of warranties, limitations of liability and a requirement that you meet specified age requirements.
The Services are constantly evolving, and Tiny Roar reserves the right to update, modify or change the content of the Service with or without prior notice for any reason, in its sole discretion. You may need to update third party software from time to time in order to receive or use the Service.
For some services an account on the corresponding social networking site through which you access the Service is required. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration process.
When you access or use our Service, your user name and your profile photo may become publicly visible to other users. You acknowledge that the Services are not intended for use by, or to collect personally identifiable information from, children under 13 years of age. By your use of the Services, you hereby represent, warrant and covenant that you are at least 13 years of age. Furthermore, if you are between the ages of 13 and 17, or are otherwise considered a minor in your jurisdiction, you represent and warrant that your legal guardian has reviewed and agreed to these Terms of Use.
You agree to notify Tiny Roar without any delay of any unauthorized use of your user name, password, other account information, or any other breach of security that you become aware of involving or related to the use of the Services under your account. You are entirely responsible for any and all activities that occur under your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Subject to your acceptance of these Terms of Use, you are granted a non-exclusive, revocable, limited, non-transferable and non-sublicensable license to use the Services solely for personal, non-commercial entertainment purposes(“License”).
You acknowledge and agree that your License does not include:
I. any resale or commercial use of the Services or parts therein; II. the distribution, public performance or public display of the Services; III. modification, revision, creation of derivative works from or otherwise making any derivative uses of the Services or any information or content therein; IV. decompilation, reverse engineering or any other attempts to derive the source code from the Services(except to the extent applicable laws specifically prohibit restriction of such activities); or V. any use of the Services other than for their intended purposes as explicitly stated in these Terms of Use.
Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property or other proprietary rights, whether by estoppels, implication or otherwise.
Your use of and access to the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations in your use of and access to the Services. In addition, you agree that:
I. you will not interfere with another user’s use and enjoyment of the Services; II. you will not create more than one account per platform to use our Services; III. you will not disguise, anonymise or hide your IP address or the source of any content that you may upload; IV. you will not interfere with or disrupt our Services or servers or networks that provide our Services; V. you will not attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us; VI. you will not ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes are referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms); VII. you will not sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods; VIII. you will not disrupt the normal flow of a Service or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when using our Services or engaging in real time exchanges; IX. you will not disobey any requirements or regulations of networks connected to our Services; X. you will not use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; XI. you will not use our Services in any other way than those permitted by these terms; XII. you will comply with EU, US and other applicable laws regarding the transmission of technical data exported from the United States with respect to or related to any of your dealings with the Serivces.
You also agree to defend, indemnify and hold harmless Tiny Roar, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors from any loss, liability, damages and expenses (including without limitation reasonable attorneys’ fees) resulting from any claim or demand made by any third party arising out of or in connection with your use of the Services, any User Content (defined below), your violation of these Terms of Use, or your violation of the rights of any third party.
Any use of the Services other than as specifically authorized herein, without the prior written permission of Tiny Roar, is strictly prohibited and will terminate the License granted herein, and may subject Users to liability for violations of law.
You have the right to stop using the Services or any part of thereof at any time. If you do not agree with these Therms of Use, your sole remedy is not to use the Services. You understand and fully agree that it is your sole and exclusive remedy with respect to any dispute with Tiny Roar.
Tiny Roar reserves the right to stop offering and/or supporting the Services or any part thereof at any time either permanently or temporarily. In such an event your License to use the Services or a part thereof will be automatically terminated or suspended.
Tiny Roar may also terminate your access to Services with or without notice to you, if Tiny Roar (in its sole discretion) deems that you have violated these Terms of Use or have otherwise caused or may cause damage to any third party.
You acknowledge and agree that in the event your access to the Services is terminated, you will forfeit any benefits, including without limitation any earned or purchased ‘virtual items’ (defined below) and Tiny Roar is under no obligation to compensate you for any of such losses.
The Services may include games and/or applications where you will have an option to buy or purchase
I. ‘gold coins’, ‘gems’ or any other online currency (“Virtual Currency”); or II. a variety of virtual in-game items and goods (“Virtual Goods”); or III. other advantages or changes to the game, that can be used to enhance your gaming experience (Virtual Currency and Virtual Goods collectively, “Virtual Items”).
You acknowledge that you do not in fact “own” these Virtual Items and you only will have a limited license to use such Virtual Items in the Services. No Virtual Item or any part thereof refers to or has any real world currency value.
You may be required to pay a fee with real world currency in order to obtain Virtual Items by using payment methods disclosed in the game.
You agree to pay all fees and applicable taxes incurred by you or anyone using the Services under your Account.
Tiny Roar shall have no liability for hacking or loss of Virtual Items from your account, however, Tiny Roar will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. Tiny Roar has no obligation or responsibility to and will not reimburse you for any Virtual Items lost due to your violations of these Terms of Use. Tiny Roar reserves the right, without prior notification, to limit the order quantity on any Virtual Items and/or the refuse to provide you with any Virtual Items. Verification of certain information applicable to a transaction involving a Virtual Items may be required prior to our acceptance thereof. Tiny Roar may revise the pricing for the Services including the Virtual Items offered through the Services at any time for any reason.
You acknowledge that Tiny Roar is not required to refund the fees or your purchases for any reason, and your purchase of virtual items is final and shall under no circumstances be refundable, transferable or exchangeable (except where expressly specified otherwise within the Services) including, without limitation, upon termination of your access to the Services by Tiny Roar for any reason, termination of these terms and conditions, and/or the discontinuation of the Services. Regardless of the consideration offered or paid in exchange for Virtual Items, you do not have any ownership rights in the Virtual Items and you receive only a limited right to use the Virtual items as described in these Terms of Use. All Virtual Items are forfeited if your access to the Services is terminated or suspended by Tiny Roar for any reason, in Tiny Roar’s sole and absolute discretion, or if Tiny Roar discontinues providing the Services.
All rights, title and interest in and to the Services and all Applications and other materials contained therein, including without limitation all copyright, trademark, patent and other intellectual property rights therein, shall be and remain solely with Tiny Roar or its licensors. Tiny Roar logos as well as all Application titles are trademarks of Tiny Roar or its licensors and may not be used without explicit written permission of Tiny Roar.
You do not acquire any ownership rights by using the Services, downloading materials from or uploading materials to the Services, or by purchasing any Virtual Items.
You agree not to copy, redistribute, publish or otherwise exploit material from the Services, except as expressly permitted herein.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Tiny Roar in connection with the use of the Services shall be the exclusive property of Tiny Roar. Tiny Roar may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
The Services may include features or functionality that may be used to communicate with other users of the Services or to otherwise post or transmit information or content (the “User Content”). You agree to use the Services in accordance with the following conduct requirements:
• you may not transmit or post the User Content that is unlawful, libelous, defamatory, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, invasive or privacy rights, abusive, inflammatory, fraudulent, or racially or ethnically or otherwise objectionable. • You may not transmit or post the User Content that would constitute, encourage or provide instructions for a criminal offense, violate any party’s rights, or that would otherwise create liability or violate any law or regulation in any jurisdiction worldwide. • You may not transmit or post the User Content that may breach any contractual or fiduciary relationship or that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party. • You may not impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity. • You will comply with all applicable laws regarding the transmission of technical data exported from, or imported into, the United States or the country in which you reside. • You may not forge message headers or otherwise disguise, or attempt to disguise, the existence, source or destination of any User Content that you transmit or post. • You may not engage in unsolicited promotions, political campaigning, advertising or solicitations. • You may not transmit or post private information of any third party, including, without limitation, addresses, telephone numbers, credit card numbers, email addresses and any unique identifier such as a Social Security Number. • You may not transmit or post any viruses, corrupted data or files or links to such. • You may not transmit or post any User Content that, in the sole judgment of Tiny Roar, is objectionable or which restricts or inhibits any other person from using or enjoying the Services or any related features or services. • You may not transmit, post or otherwise cause, instigate or assist in the distribution of spam.
Tiny Roar takes no responsibility and assumes no liability for any User Content transmitted or posted by you or any third party, or for any loss thereof or damage thereto. Tiny Roar is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Services and Applications and any related features or services is at your own risk. As a provider of interactive services, Tiny Roar is not liable for any statements, representations, information or content provided by its users in any public forum, personal home page or other location.
Although Tiny Roar has no obligation to screen, edit or monitor any information or content transmitted or posted by the Services users, Tiny Roar reserves itself the right, and has absolute discretion, to remove, screen or edit any information or content transmitted or posted on or through the Services and any related features or services at any time and for any reason without notice.
You are solely responsible for creating backup copies of and replacing any information or content that you post or store on or through the Services or any related features or services at your sole cost and expense. You represent and warrant that:
I. you own and control all of the rights to, or otherwise have the right to transmit or post, the information and content that you transmit or post on or through the Services and any related features or services; II. such information and content is accurate and not misleading; and III. the use and posting of the information and content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
If you have a dispute with any other user or users, you hereby release Tiny Roar and hereby agree to indemnify Tiny Roar from any and all claims, demands, and damages including direct, consequential and indirect of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
The Services may include third party advertisements from Tiny Roar or other third parties. Tiny Roar may disclose your information to third party advertisers in accordance with its Privacy Policy. You acknowledge further that the Services may include links to other websites or resources who may invite you to participate in a promotional offer in return of receiving Virtual Items or any other game related advantages. Any charges or obligations you may incur in your dealings with these third parties are your responsibility.
Tiny Roar has no control over (and is merely a passive conduit with respect to) any such third party advertisements or links to websites or other resources (“Linked Sites”) that may be exist in or on the Service. You acknowledge and agree that Tiny Roar shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites. All correspondence or business dealings with, or participation in promotions of, advertisers found on or through any advertisement, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You acknowledge that the Linked Sites are not under the control of Tiny Roar and may collect data or solicit personal information from you. Tiny Roar is not responsible for the content, business practices or privacy policies of any Linked Sites, nor for the collection, use or disclosure of any information Linked Sites may collect.
Tiny Roar disclaims any and all warranties, express, implied or statutory regarding the Services or the use thereof by you to the full extent permitted by law. Without limiting the generality of the foregoing, the Services provided by Tiny Roar are provided “as-is” and “as-available” basis without warranties of any kind, including, without limitation, any warranties of performance or implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Further, Tiny Roar does not make, and has not made any representation or warranty that the Services are accurate, complete, reliable, current, error-free, and free from viruses or other harmful components or do not interfere with other functions, features or services on your device with which you are accessing or using the Services.
You acknowledge and agree that, to the maximum extent permissible by law, the limitation of liability contained herein applies to any and all applications or injuries whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence). In no event shall Tiny Roar, its subsidiaries, affiliates, or any of their respective directors, officers, employees or agents, be liable to you or any other person or entity for any, indirect, actual, incidental, punitive, special or consequential damages, lost income, revenue or profits, lost or damaged data, even if any of those persons or entities have been advised of the possibility of such damages or such damages are foreseeable.
In no event will the total liability or Tiny Roar or any of the above-referenced persons or entities, under any legal theory, arising out of or relating to the service exceed the amount you have paid to Tiny Roar in the six (6) month period immediately preceding the date on which you first asserted any such claim.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Tiny Roar shall be limited to the fullest extent permitted by law.
If you violate these Terms of Use or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of Tiny Roar or any third party, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend your access to the Services. You acknowledge that Tiny Roar is not required to provide you with a notice before terminating or suspending your access to the Services or any portion thereof, but it may choose to do so.
If your access is terminated, we may, but are not required to, remove some or all of your content from our servers. Further, you understand that you shall not be entitled to any refund of fees for such termination of your access to all or part of the Services.
In any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute your entire agreement with Tiny Roar with respect to their subject matter, and supersede any other previous written terms and any oral or promotional statements regarding such subject matter. Any waiver of enforcement of any provision of these Terms of Use or any breach thereof, in any one instance, shall not constitute a waiver of such term or condition or any subsequent breach thereof. If any dispute arises under these Terms of Use, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
These Terms shall be construed and governed by the law of Hamburg, Germany.
If you have any questions about these Terms of Use, please feel free to contact us by e-mail at - or contact us at our office: Ruhrstr. 11c, 22761 Hamburg Germany.