Effective Date: This Agreement was last revised on June 18, 2014.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING THE MOBILE GAME OR ACCESSING THE WEBSITE. THE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SUPERMOON GAMES SERVICES AND INCLUDES GRANTS OF RIGHTS, LIMITATIONS ON OUR LIABILITY AND, FOR CERTAIN USERS, AN AGREEMENT TO ARBITRATE DISPUTES. BY USING OUR SERVICES, YOU SIGNIFY CONSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT PARTAKE IN ANY OF THE ABOVE NOTED SERVICES THAT SUPERMOON GAMES PROVIDES.
SuperMoon Games, LLC is a small developer of video games located in San Francisco, CA. The Site www.supermoongames.com and the mobile game “Galaxy Dash” are owned and operated by SuperMoon Gamec, LLC, and for the purposes of this document will be referred to as “the Site”, “the game”, “the mobile game” or “the Service(s)”. SuperMoon Games maintains the mobile game for your personal entertainment and enjoyment. Please feel free to visit our website www.supermoongames.com. You may download the mobile game for non-commercial, home personal use only, provided you keep intact all copyright, trademarks and other proprietary notices. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of this Site including the text, images, audio and video for commercial purposes, without written permission from SuperMoon Games.
The Following Restrictions Apply to the Use of the Service
- You shall not log into the mobile game via a Facebook Account or Google Plus Account if you are under the age of 13;
- If you are under 13, you may log in without providing any personally identifiable information, the details pertaining to the collection, use and sharing of this information are provided for in the following sections,
- You are responsible for the use of your Account; you shall monitor use of your Account by minors. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. iTunes account by minors).
Terms of Service
- You should assume that everything you see or read on this Site and/or within the mobile game is protected by copyright unless otherwise stated and may only be used according to these Terms of Service. SuperMoon Games does not warrant or represent that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with SuperMoon Games. Images are either the property of, or used with permission by our company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Service. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- SuperMoon Games uses reasonable efforts to include accurate and up-to-date
information on the Site. However, we give no warranties or representations as to the accuracy of the information. SuperMoon Games assumes no liability or responsibility for any errors or omissions in the contents of this Site.
- Furthermore, your use of and browsing of this Site is at your risk. Neither SuperMoon Games nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some the
jurisdictions may not allow the exclusion of implied warranties, so some of
above exclusions may not apply to you. Our company assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
- Any communication or material you transmit to the Site or to the mobile game by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by SuperMoon Games or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.
- The trademarks, and logos, displayed on the Site and also on and within the game, are trademarks of the company, they cannot be used or reused by any other party without the written permission of SuperMoon Games.
- SuperMoon Games may at any time revise these Terms of Service by updating this posting. You are bound by any such revisions and should periodically visit the page for updates to the policy and terms.
Rules of Conduct
You may violate the Terms of Service if, as determined by SuperMoon Games in its sole discretion, you:
- Transmit, promote, or distribute Content that is illegal;
- In anyway cheat or produce and disseminate spam, or do anything else within the game that is harmful or otherwise against the general enjoyment and entertainment purposes of gameplay;
- Use abusive, offensive, or defamatory screen names and/or personas;
- Impersonate another person (including celebrities), indicate falsely that you are a SuperMoon Games employee or a representative of the company, or any attempt to mislead users by falsely representing the company;
- Attempt to get a password, account information, or other private information from anyone else on SuperMoon Games Services;
- Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items;
- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt SuperMoon Games Services;
- Improperly use in-game support or complaint buttons or make false reports to SuperMoon Games staff;
- Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications;
- Use any game hacking/altering/cheating software or tools;
- Modify or attempt to modify any file or any other part of the SuperMoon Games Service that SuperMoon Games does not specifically authorize you to modify;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a SuperMoon Games Service;
- Use and communicate exploits and/or cheats;
- Interfere with the ability of others to enjoy playing a SuperMoon Games game.
- Sell, buy, trade or otherwise transfer your Account or any personal access to these services, Content or Entitlements, including by use of auction websites;
- Conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software;
- Abuse or exploit bugs, undocumented features, design errors or problems in the game.
You must also obey all federal laws, State laws and regulations and rules that apply to your activities when you use SuperMoon Games Services. SuperMoon Games reserves the right to terminate your Account and to prevent your use of any and all of our Services if your Account is used to engage in illegal activity or to violate this Terms of Service, or for any reason at the company’s sole discretion.
There is no requirement or expectation that SuperMoon Games will monitor or record any online activity on SuperMoon Games Services, including communications. However, SuperMoon Games reserves the right to access and/or record any online activity on SuperMoon Games Services and you give SuperMoon Games your express consent to access and record your activities. SuperMoon Games reserves the right to remove any content from any SuperMoon Games Service at SuperMoon Games ‘s sole discretion. SuperMoon Games has no liability for your or any third party’s violation of this Agreement.
If you encounter another user who is violating any of the rules of conduct within this Terms of Service, please report this activity to SuperMoon Games by contacting the company at firstname.lastname@example.org.
Registration and Account Security
You agree to provide true, accurate, current and complete information about you as may be asked through Facebook Connect or Google Plus, and to maintain the security of your password and identification (on Facebook and on Google Plus). You accept all risks of unauthorized access to the Facebook Connect information and Google Plus and any other information you provide to SuperMoon Games. SuperMoon Games reserves the right to refuse registration, or to refuse or limit access to the Services, to anyone in our sole discretion for any reason or no reason.
Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF SUPERMOON GAMES SERVICES, SUPERMOON GAMES SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. SUPERMOON GAMES SERVICES, SUPERMOON GAMES SOFTWARE, SUPERMOON GAMES PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF SUPERMOON GAMES SOFTWARE OR SUPERMOON GAMES SERVICES. SUPERMOON GAMES DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. SUPERMOON GAMES PROVIDES SUPERMOON GAMES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SUPERMOON GAMES SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SUPERMOON GAMES WILL HAVE ADEQUATE CAPACITY FOR SUPERMOON GAMES SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT SUPERMOON GAMES, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON SUPERMOON GAMES SERVICES OR USE OF SUPERMOON GAMES SOFTWARE. IN NO CASE SHALL SUPERMOON GAMES ‘S OR ITS LICENSORS’, LICENSEES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, ” SUPERMOON GAMES AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SUPERMOON GAMES FOR SUPERMOON GAMES SERVICES. IN NO CASE SHALL SUPERMOON GAMES, ITS LICENSORS OR SUPERMOON GAMES AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SUPERMOON GAMES SERVICES, SUPERMOON GAMES SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF SUPERMOON GAMES SERVICES OR ACCOUNTS. WHILE SUPERMOON GAMES USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, SUPERMOON GAMES AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY SUPERMOON GAMES SERVICE, CONTENT, SUPERMOON GAMES SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE SERVICE, EVEN IF THE COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE.
These Terms of Service and any dispute between you and the Company will be governed by and construed in accordance with the laws of the State of California, and both you and the Company agree to submit to the exclusive jurisdiction of the State of California. This choice of jurisdiction and venue does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. EACH PARTY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN THE RESOLUTION OF ANY DISPUTE ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE.
Residents of California are entitled to the following specific rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov
Should you have any questions concerning the Service or these Terms of Service you may contact SuperMoon Games at email@example.com
Copyright © 2014 Supermoon Games. All Rights Reserved. SuperMoon Games are registered trademarks or trademarks of SuperMoon Games in the State of California.