SUPERPLAY TERMS OF SERVICE
Last Updated: November 10, 2024
These Terms of Service (“Terms”) apply to your access to and use of (i) Dice Dreams, Domino Dreams, Disney Solitaire and any additional games which will be made available by Superplay, unless otherwise will be specifically determined by Superplay in writing (the “Games”), (ii) the web pages, websites, and social media pages made available by Superplay in connection with the Games (the “Sites”), (iii) the software made available by Superplay in connection with the Games (the “Apps”), and (iv) the online services, programs, and offers accessible through the Games, Sites, and Apps (collectively with the Games, Sites, and Apps, the “Services”). When we say (“Superplay”, “we”, “our,” or “us”) we are referring to Superplay Ltd. and its subsidiaries.
BY AGREEING TO THESE TERMS, YOU AND SUPERPLAY AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH SUPERPLAY, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 18(c) OR OTHERWISE ONE OF THE EXCEPTIONS IN SECTION 18(h) MAY APPLY.
Everything contained within these Terms is important and should be read by You, but we would like to draw Your attention in particular to the PROVISIONS IN BOLD and the important terms that they contain, WHICH have the potential to affect Your LEGAL RIGHTS AND OBLIGATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL BE ENTITLED TO ENFORCE ANY PROVISION, RIGHT OR REMEDY OF THESE TERMS AT OUR SOLE DISCRETION. CHOOSING NOT TO ENFORCE CERTAIN PROVISIONS, RIGHTS OR REMEDIES IN SOME INSTANCES DOES NOT MEAN THAT WE WAIVE OUR RIGHT TO ENFORCE THESE TERMS IN OTHER INSTANCES.
CERTAIN PROVISIONS OF THESE TERMS WILL ONLY APPLY TO YOU WHERE YOUR COUNTRY OF RESIDENCE CORRESPONDS WITH THE RELEVANT INSTRUCTIONS OF THAT SECTION. FOR THE PURPOSES OF THESE TERMS, “COUNTRY OF RESIDENCE” MEANS THE COUNTRY IN WHICH YOU HOLD LEGAL PERMANENT RESIDENCE, AS WELL AS ANY COUNTRY FROM WHICH YOU REGULARLY ACCESS AND USE THE SERVICES. IF MORE THAN ONE COUNTRY MEETS THAT DEFINITION FOR YOU, THEN YOUR COUNTRY OF LEGAL PERMANENT RESIDENCE WILL BE YOUR COUNTRY OF RESIDENCE, AND IF YOU HAVE MORE THAN ONE COUNTRY OF LEGAL PERMANENT RESIDENCE, IT WILL BE THE COUNTRY WITH WHICH YOU MOST CLOSELY ARE ASSOCIATED BY PERMANENT OR MOST FREQUENT RESIDENCE.
THE SERVICES DO NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF MONEY’S WORTH CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICES, AND NO ACTUAL MONEY IS REQUIRED TO PLAY, EVEN THOUGH THE SERVICES MAY OFFER THE OPPORTUNITY TO PURCHASE VIRTUAL ITEMS AS DESCRIBED IN SECTION 7.
If you do not agree to these Terms, do not use our Services.
1 SUPPLEMENTAL AND UPDATED TERMS
(a) Supplemental Terms. We may indicate that different or additional terms, conditions, guidelines, policies, or rules (including any game rules which may apply to individual Games) apply to some of our Services (“Supplemental Terms”). The Supplemental Terms include: the Promotion Official Rules, and the Infractions Terms. If Supplemental Terms apply to the Services you are using, you are required to read them, and they will become part of your agreement with us. The Supplemental Terms will control over any conflicting or inconsistent provisions in these Terms of Service.
(b) Updated Terms. We may make changes to these Terms, including any Supplemental Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of the changes, such as by sending a notice to the email address we have on file for you, providing a notice through our Services, or updating the date at the top of these Terms, provided that where we make any material changes to these Terms, we will attempt to provide you with reasonable notice in advance of making the changes where possible. However, we also recommend that you periodically check www.superplay.co and these Terms for updates. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide you notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.
2 ELIGIBILITY AND USE RESTRICTIONS
(a) Age. We may impose age requirements for our Games. For example, unless we say otherwise:
(i) You must be at least 18 years old to play the following Games: Dice Dreams, Domino Dreams, Disney Solitaire and unless otherwise will be specifically specified otherwise, any additional games that may be made available by Superplay from time to time
(ii) As an exception to the above, we may permit younger players to use certain casual Games, but you must accurately enter your age when prompted to do so in the Game.
If you are under the age of 18 (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who also agrees to be bound by these Terms. If you are a parent or legal guardian of a minor, you are fully responsible at all times for the minor’s use of the Services (including for any in-app purchases and payments made in connection with the use of the Services), and if you believe that your child is using our Services without your consent, please contact us using our support@superplay.co. We may close your account immediately without notice to you if we discover or suspect that you don’t meet the age requirements.
(b) Use Restriction. You may only use our Services for personal, non-commercial, entertainment purposes.
3 YOUR INFORMATION
You may provide certain information to Superplay, or we may otherwise collect certain information about you, when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of promotional or marketing communication from Superplay using the contact information you provide in connection with the Services. You are responsible for providing accurate and complete contact information and keeping it up to date with Superplay.
Although it’s not part of these Terms, we encourage you to read our Privacy Notice for information on how you can opt out of marketing communications and on how we collect, use, share, and otherwise process information about you.
4 ACCOUNTS
We may require you to create an account with Superplay to access parts of the Services. If you create an account with us, you must:
(a) not share or permit others to use your individual account credentials;
(b) promptly update any information contained in your account if it changes;
(c) use a strong password for your account that is unique to our Services and not used by you in any other website or online service; and
(d) maintain the security of your account, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, orreclaim usernames at any time and for any reason, including in response to claims that a username violates a third party’s rights. You may also access the Services via your account in a social network or other mobile application, such as Facebook or Apple account, if and when you will elect, in your sole discretion, to create an account with Superplay by allowing us to access your account information from such social network service or mobile application.
5 USER CONTENT
(a) User Content. Our Services may allow you and other users to create, post, store, or share content, including reviews, messages, text, graphics, photos, videos, and other materials or data (collectively, “User Content”). Depending on your account settings, your User Content and any associated information (such as your user ID number, name, and profile picture) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.
(b) License You Grant to Superplay. Except for the license you grant below, as between you and Superplay, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. In using our Services, you are providing us with certain rights to your User Content. You grant Superplay and its affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, sublicensable (through multiple tiers), and assignable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, process, and exploit your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party (in each case, to the maximum extent permitted by applicable law). We have no obligation to provide you with any credit, approval, or compensation for any permitted use of your User Content. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.
(c) Feedback. You may voluntarily submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Superplay or our Services (collectively, “Feedback”). You understand and agree that we may use such Feedback for any purpose in our sole discretion, commercial or otherwise, without acknowledgment or compensation to you, including to improve or develop products or services. Superplay will exclusively own all works or improvements based on any Feedback. You understand that Superplay may treat Feedback as non-confidential.
6 PROHIBITED CONDUCT AND CONTENT
(a) No Cheating. Superplay wants all users to have a positive and fair playing experience while using the Services. You will not:
(i) engage in the creation, distribution, promotion, or use of unauthorized software or tools, including auto programs, macros, cheat utilities, hacks, and mods, that are intended to provide an unfair advantage or otherwise alter the intended gameplay experience; or
(ii) exploit, share, or promote information about Game errors, glitches, bugs, or any technical malfunctions that can result in an unintended advantage, such as accessing one-time promotions more than once.
You must notify Superplay immediately if you become aware of any of the above matters.
(b) Prohibited Conduct. In addition to the other restrictions in these Terms, you will not, and will not aid or encourage others to, do any of the following in connection with the Services:
(i) Violate the Infractions Terms, any other Terms and/or Supplemental Terms or any applicable law, contract, intellectual property right, or other third-party right;
(ii) Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
(iii) Solicit or collect personal information from other users;
(iv) Access a Game if you are under the minimum age set by Superplay for the Game as provided in Section 2;
(v) Use or attempt to use another user’s account or information without authorization from that user and Superplay;
(vi) Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
(vii) Create multiple accounts;
(viii) Sell or resell our Services or your account, including by renting, leasing, selling, trading, gifting, or otherwise transferring or sharing your account without our written permission;
(ix) Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
(x) Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
(xi) Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
(xii) Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent security or measures employed to prevent or limit access to any part of our Services;
(xiii) To the fullest extent permitted by applicable law, you will not: (A) use any data mining, robots, or other data gathering or extraction methods intended to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file to compile results for a public search engine; or (B) use, and we do not consent to the use of, the Services, or any data published by, or contained in, or accessible via, or in relation to, the Services for the purposes of developing, training, fine-tuning or validating any AI system or model or for any other purposes not explicitly set out in these Terms;
(xiv) Develop or use any applications or software that interact with our Services without our prior written consent;
(xv) Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
(xvi) Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Superplay;
(xvii) Use any application programming interface (“API”) provided by Superplay in any manner not permitted by the documentation provided with the API; or
(xviii) Access or use any of the Services to design or develop a similar or competitive offering.
(c) Prohibited Content. You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described in Section 5(b). You must ensure that your User Content, and our use of your User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:
(i) Is unlawful, libelous, defamatory, obscene, pornographic, indecent, vulgar, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or derogatory of any ethnic, racial, gender, or religious group;
(ii) Would constitute, encourage, or provide instructions for a criminal offense, a violation of the rights of any party, or a violation of these Terms;
(iii) Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
(iv) Contains any private or personal information of a third party without the third party’s consent;
(v) Contains any viruses, corrupted data, or other malicious, invasive, harmful, disruptive, or destructive files or content;
(vi) In our reasonable judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Superplay or others to any harm or liability of any type; or
(vii) Contains links to content that would violate any of the above restrictions if the linked content were User Content.
(d) Enforcement. This Section 6 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will be free of conduct or content that is prohibited by these Terms, or that prohibited content will be promptly removed after it has been posted. We may:
(i) Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including for any violations of these Terms;
(ii) Terminate, delete, modify, or suspend your access to all or part of the Services, temporarily or permanently, if your conduct or User Content is reasonably likely, in our sole determination, to violate these Terms;
(iii) Take any action with respect to your User Content that is necessary or appropriate, in Superplay’s sole discretion, to ensure compliance with applicable law and these Terms, or to protect Superplay’s and/or a third party’s rights, including third-party intellectual property and privacy rights (e.g., providing information to rightsholders who submit takedown requests); and
(iv) As permitted by law, cooperate fully with any law enforcement authorities or court orders regarding conduct or content related to the Services.
(e) Complaints and Appeals. If you have a complaint or a concern about any User Content or any action we have taken regarding User Content, you may contact at support@superplay.co, or by contacting customer support via the applicable support channel available in the Game. We will endeavor to address your complaint or concern promptly and in line with our internal policies and procedures. Should you be dissatisfied with our initial response, you are entitled to appeal our decision by submitting additional information or evidence to bolster your case. We will reassess your appeal and inform you of the resolution. Our determination on your appeal will be conclusive and binding.
7 VIRTUAL ITEMS
(a) Acquiring Virtual Items. Within the Services, you may be granted access to in-Game currency and/or other in-Game resources, including virtual credits, coins, dice rolls, points, credits, bonuses, and chips (collectively, “Credits”) and other virtual in-Game items or collections, including creative elements, and assets, such as characters and/or elements (together with the Credits, “Virtual Items”). The Virtual Items are part of the Services and are licensed to you under these Terms. Access to Virtual Items is only provided through the Services. For example:
(i) You may be granted a license to Virtual Items because of gameplay or promotional activities (e.g., being awarded a certain number of Credits at recurring time intervals); or
(ii) You may be given the opportunity to purchase a license to Virtual Items.
(b) Limited License. Because Virtual Items are part of the Services, you are permitted to use Virtual Items under the license we give you under Section 10(b), subject to the limitations applicable to your use of the Services, as stated in Section 6 and elsewhere in these Terms. Virtual Items can only be used for the specific Game you acquired it on and subject to the rules for that Game, unless we say otherwise. You don’t own Virtual Items and have no rights in Virtual Items other than the license granted by these Terms. To the fullest extent permitted by applicable law, we reserve all rights, title, and interest in and to the Virtual Items. Virtual Items are not prepaid payment instruments and do not have an equivalent “real world” money value. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Superplay or any other party. In addition:
(i) If your Country of Residence is outside the United Kingdom or the European Economic Area: (A) we may terminate your license to Virtual Items at any time and at our sole discretion, including in connection with any closure of your account, and you are not entitled to any credit, reimbursement, or refund for any Virtual Items that were in your account; and (B) you agree that all sales of Virtual Items to you are final, and we have no obligation to reimburse or refund any transaction once it has been made; and
(ii) If your Country of Residence is the United Kingdom or in the European Economic Area: (A) we may terminate your license to Virtual Items at any time without notice if you breach any important provisions of these Terms, or for any reason by providing reasonable notice in advance where possible; and (B) you agree that when you purchase a Virtual Item, you request immediate performance – that is you request that Virtual Item to be delivered to you as soon as your order has been accepted. You understand and accept that you will lose any right to withdraw from your purchase of a Virtual Item as soon as you access, download or use that Virtual Item (as the case may be), and we shall be entitled to refuse a request for reimbursement or a refund, suspend or cancel payment of a reimbursement or refund that we have agreed to make, or revoke your access to a Virtual Item to which that reimbursement or refund relates.
(c) Availability. Prices and availability of Virtual Items are subject to change without notice, and we reserve the right to refuse your request to purchase or acquire Virtual Items for any reason. In addition, the features, content, and capabilities of Virtual Items are subject to change at any time, with or without notice to you, and with no liability of any kind to you.
(d) Unauthorized Transactions. As a reminder, you are prohibited under this Section 7 from transferring, selling, reselling, trading, lending, or gifting Virtual Items other than as specifically permitted by the Services. This means, for example, that you may not trade, buy, or sell Virtual Items on any other platform or e-commerce website. Doing so is a violation of these Terms and may result us to take enforcement actions, pursuant to Section 6(d) above) and any such transfer or attempted transfer is prohibited and void. We are not liable for any claims or damages related to any unauthorized transactions relating to Virtual Items.
8 BILLING AND PAYMENT
(a) No Purchase Requirement for Service Access. The Services do not require you to purchase any kind to use the Service. The Service may include an opportunity to earn or purchase Virtual Items. A certain number of Credits will be made available to you to collect when you log into the Service at recurring time intervals. If you exhaust your supply of Credits, you may elect to purchase additional Credits and continue to play the Games through the Service or you may wait until additional free Credits are available to you. Credits and other Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out in these Terms.
(b) Prices and Taxes. Depending on your Country of Residence and at all times in accordance with applicable laws, the prices displayed in the Services may be inclusive or exclusive of applicable taxes (as the case may be). In any event, taxes will be itemized on the checkout page and you will have an opportunity to review such taxes before you confirm your purchase. All prices are subject to change at any time without notice.
(c) Payment. Before completing a transaction in the Services (e.g., to purchase a license to a Virtual Item), you will be asked to supply certain relevant information, such as your payment card number and its expiration date and your billing address, to us or our payment processors. You are responsible for ensuring that you have the right to use any payment information that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required before the acknowledgment or completion of any transaction. This may include your payment method being charged $1 (or another nominal charge) to validate the payment method. These validating charges will be refunded, typically within 3-5 business days.
Transactions completed through a third party’s platform, like the Apple App Store or Google Play Store or on a website or application (each a “Platform Provider”), may also be subject to additional terms, conditions, and policies (including terms of service or privacy policies of the Platform Provider). Any agreements you enter with a Platform Provider regarding a transaction is between you and the Platform Provider. We are not a party to any agreement you enter with a Platform Provider.
You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when the charges are incurred, including all taxes applicable to your transactions. If legal action is necessary to collect on balances due, you will reimburse us and our vendors and agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
(d) Returns, Refunds, and Exchanges. All transaction fees are non-refundable to the fullest extent permitted under applicable law. If you are charged for transactions that were not initiated by your account, if you did not receive the Virtual Items that you paid for, or you were charged an incorrect amount, you may request a refund or correction from Superplay for any transactions that were completed directly with us. For transactions completed through a Platform Provider, the Platform Provider is responsible for any refunds, and its refund policies will apply. Although not part of these Terms, see the following Platform Provider support pages for additional information: Apple’s Billing and Subscriptions page and Google Play’s Refund page.
9 PROMOTIONS
In addition to these Terms, the Promotion Official Rules govern any sweepstakes, contests, raffles, surveys, games, or similar promotions made available by Superplay through or in connection with the Services (collectively, “Promotions”). Before you enroll in a Promotion, we may provide additional or alternative rules governing that Promotion. You also agree to these additional or alternative rules, as applicable. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
10 OWNERSHIP; LIMITED LICENSE
(a) Ownership of the Services. The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained in the Services, and all intellectual property rights in the Services are owned by Superplay or our licensors and are protected under both United States and foreign laws. The names of our Games, our logos, our other product or service names, slogans, and the look and feel of our Services (including, without limitation, all characters, environments, themes, sound effects, music, artwork, text, story lines, sound recordings, and other creative elements presented in any of our Services or marketing materials) are protected by intellectual property law (and in many instances may also be registered trademarks of Superplay (or our licensors)), and you may not copy, imitate, or use any of them, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, company names, or logos mentioned on our Services are the property of their respective owners. If we reference third-party products or services, it doesn’t mean that we endorse, sponsor, recommend, or warrant those products or services. Except as explicitly stated in these Terms, all rights in and to the Services and intellectual property rights in the Services are reserved by us or our licensors, and you don’t have any other rights to our Services or intellectual property, including any implied rights.
(b) Limited License Granted to You. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal, non-commercial, entertainment purposes. Any use of the Services other than as specifically authorized in these Terms is strictly prohibited and will terminate this license.
11 REPEAT INFRINGER POLICY; CONTENT COMPLAINTS
We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that any content on our Services infringe any copyright that you own or control, or violates the Infractions Terms you may notify Superplay’s designated agent as follows:
Designated Agent: Legal Department
Address: 23 Derech Menachem Begin St., Tel-Aviv, Israel. Attn: Superplay’s Legal Department
Email Address: legal@superplay.co
For notifications being provided under the U.S. Digital Millennium Copyright Act (“DMCA”), please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to Superplay for certain costs and damages.
12 THIRD-PARTY SOFTWARE AND CONTENT
(a) Open-Source Software. The Services may utilize third-party software code that is governed under open-source licenses (“Open-Source Software”). We use the Open-Source Software under license terms accompanying the Open-Source Software and, when required, provide the software to you under that license. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable Open-Source Software license. When alternative or additional terms apply to Open-Source Software, we may let you know through the Services, such as by posting information to our Accreditation Page.
(b) Third-Party Content. We may further provide information about, links to, or advertisements for third-party products, services, activities, or events, or we may allow third parties to make their content, information, or offerings available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content for those interested in that content, but your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not endorse or guarantee third-party content, products, or services, even if linked from our Service, and the inclusion of such links does not, directly or indirectly, imply any association, sponsorship, endorsement, or affiliation with such third party, unless specifically stated therein.
(c) Responsibility for Content. We have no obligation to monitor Third-Party Content, and we may block or disable access to any Third-Party Content (in whole or part) through our Services at any time. Your access to and use of Third-Party Content may be subject to additional terms, conditions, and policies (including terms of service or privacy policies of the providers of the Third-Party Content). We disclaim any and all liability for any claims, damages, or losses arising from or related to your use of, or interactions with, such Third-Party Content. You are also responsible for obtaining and maintaining any computer hardware, equipment, network services, connectivity, telecommunications services, and other products and services necessary to access and use the Services.
13 COMMUNICATION CHANNELS
(a) The Service may provide communication channels such as but not limited to fan pages, forums, blogs communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service’s users and/or post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics.
(b) We cannot guarantee that other users 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.
(c) We shall have no responsibility to evaluate or use any ideas or information you may choose to submit and such data shall be treated as non-confidential and non-proprietary. We are under no obligation to monitor these communication channels but we may do, in our sole discretion, so we reserves the right to review materials posted to the Communication Channels and remove any materials, at any time, with or without notice for any reason, at our sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by us. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Superplay be liable for any activity within the Communication Channels. You agree that Superplay may use, sell, exploit and disclose the comments, feedback, suggestions, concepts, ideas, know-how or techniques contained in any communications you provide in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Superplay is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users, including without limitations, other users’ misuse or misappropriation of any content or information you post in any Communication Channels. If you become aware of misuse of the Service by any person, please contact us at support@superplay.co. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be disclosed:
(i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena);
(ii) to satisfy any applicable laws or regulations
(iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Superplay, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access and disclosure.
(d) You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. We reserve the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release and hereby agree to indemnify us (and our affiliates, 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, including damages for loss of profits, goodwill, use or data.
(e) In order to encourage users to succeed in our Games, we may publish data relating to the most successful users in some of our Games according to various categories of users and statistics, as set upon our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.
14 INDEMNIFICATION
(a) If your Country of Residence is outside the United Kingdom or the European Economic Area or Australia:
(i) To the fullest extent permitted by applicable law, you will indemnify and hold harmless Superplay and our subsidiaries and affiliates, and each of our respective officers, directors, agents, contractors, partners, and employees (individually and collectively, the “Superplay Parties”) from and against any liabilities, costs, expenses, damages, fines, losses, or obligations of any kind or nature (including attorneys’ fees) incurred in connection with a third-party claim, demand, action, or proceeding arising out of or related to: (A) your access to, use of, or conduct in connection with the Services; (B) your User Content or Feedback; (C) your violation of these Terms; or (D) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). The Superplay Parties will have control of the defense or settlement, at Superplay’s sole option, of any third-party claim, demand, action, or proceeding. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Superplay or the other Superplay Parties.
(b) If your Country of Residence is the United Kingdom or in the European Economic Area or Australia:
(i) To the fullest extent permitted by applicable law and irrespective of any other remedies that may be available to us, you agree to compensate the Superplay Parties for any reasonable losses, costs, expenses or similar that are sustained or incurred by us arising out of or related to: (A) your access to, use of, or conduct in connection with the Services in breach of these Terms or our lawful instructions; (B) your User Content or Feedback; (C) your violation, misappropriation, or infringement of any rights of any third party. The Superplay Parties may elect to have control of the defense or settlement, which shall be exercised in Superplay’s reasonable discretion, against any third-party claim, demand, action, or proceeding.
15 DISCLAIMERS
(a) Your use of our Services and any content or materials provided in or with our Services is at your sole risk. Except as otherwise provided in these Terms and to the fullest extent permitted under applicable law:
(i) our Services and any content or materials provided in or with our Services are provided “as is” and “as available” without warranties of any kind, either express or implied; and
(ii) Superplay disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
(b) In addition, Superplay does not represent or warrant that our Services or any content provided in or with our Services are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided in or with our Services will be uninterrupted. While Superplay attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or any content provided in or with our Services or our servers are free of viruses or other harmful components, content, or materials. You assume the entire risk as to the quality and performance of the Services and any content provided in or with our Services. All disclaimers of any kind (including in this Section 15 and elsewhere in these Terms) are made for the benefit of Superplay, the other Superplay Parties, and Superplay’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.
16 LIMITATION OF LIABILITY
(a) If your Country of Residence is outside the United Kingdom or the European Economic Area or Australia:
(i) To the fullest extent permitted by applicable law, Superplay and the other Superplay Parties will not be liable to you under any theory of liability,whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, data, or goodwill, even if Superplay or the other Superplay Parties have been advised of the possibility of the damages.
(ii) The total liability of Superplay and the other Superplay Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you to Superplay in connection with the Services in the 90 days immediately preceding the date on which the first claim giving rise to liability occurred.
(iii) The limitations set forth in this Section 16 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Superplay or the other Superplay Parties or any other matters for which liability cannot be excluded or limited under applicable law. In addition, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
(b) If your Country of Residence is the United Kingdom or in the European Economic Area or Australia:
(i) Nothing in these Terms shall exclude or limit our liability for: death or personal injury resulting from our negligence or any liability to the extent such liability may not be excluded or limited as a matter of applicable law.
(ii) To the fullest extent permitted by applicable law and without prejudice to your statutory rights that may apply under the laws of your Country of Residence, Superplay and the other Superplay Parties will not be liable to you in any way for damages or loss of any kind resulting from: (A) any use or misuse by you of our Services in breach of these Terms; (B) any system failures, software or hardware failures, bugs, viruses, or any occurrence which may result in damage to your equipment or a loss of your data or disruption of service, except where any defective digital content that we have supplied to you is caused by our failure to use reasonable care and skill (in which case, we will pay any reasonable costs of a repair or replacement, subject to the liability cap contained in Section 16(b)(iii)); (C) any damages or losses that are deemed or alleged to have resulted from matters beyond our reasonable control including strikes, lock-outs, or other industrial disputes, failure of a utility service, transport, or telecommunications network; any pandemic; act of God; war; riot; civil commotion; malicious damage; or interruptions in operation or transmission, communications, lines failure; or (D) the acts, omissions, defaults, breaches, or inactions of any other third party. In no event will Superplay be liable to you for any indirect, consequential, exemplary, incidental, punitive, special damages or lost data or goodwill.
(iii) Our maximum liability to you under these Terms whether for breach of contract, tort (including negligence), or otherwise in relation to any one incident or a series of related incidents is limited to the greater of: (A) €50 (fifty Euros); or (B) the amount paid by you to Superplay in connection with the Services in the 90 (ninety) days immediately preceding the date on which the first claim giving rise to liability occurred.
17 RELEASE
To the fullest extent permitted by applicable law, you release Superplay and the other Superplay Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes you have with other users and the acts or omissions of third parties. If you are a consumer who resides in California, you waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
18 DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SUPERPLAY TO ARBITRATE MOST DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND SUPERPLAY CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT TO ARBITRATE PRECLUDES YOU AND SUPERPLAY FROM SUING IN COURT OR HAVING A JURY TRIAL, SUBJECT TO THE EXCEPTIONS SET FORTH IN THIS SECTION 18.
YOU AND SUPERPLAY ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.
IF YOUR COUNTRY OF RESIDENCE IS THE UNITED KINGDOM OR IN THE EUROPEAN ECONOMIC AREA, NO PROVISION IN THIS SECTION 18 WILL EXCLUDE OR RESTRICT ANY OF YOUR STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER BASED ON THE APPLICABLE LAWS OF YOUR COUNTRY OF RESIDENCE.
By agreeing to these Terms, you and Superplay agree that any and all past, present, and future disputes, claims, or causes of action between you and Superplay (including any non-contractual disputes, claims or causes of action) that arise out of or relate to these Terms, the Services, the formation of these Terms, or any other dispute between you and Superplay or any of Superplay’s licensors, distributors, suppliers, or agents (including but not limited to any application store or platform from which the Services are accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Superplay further agree that, except solely as set out in Section 18(f) below, no Disputes will be permitted to proceed, whether in court or in arbitration, as a class, group, mass, or representative action.
a) Informal Dispute Resolution. If you have a Dispute with Superplay or if Superplay has a Dispute against you, you and Superplay will first attempt to resolve the Dispute informally in order to try and resolve the Dispute faster and reduce costs for both parties. You and Superplay will make a good-faith effort to negotiate the resolution of any Dispute for 60 days, or any longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party (a “Dispute Notice”) in accordance with these Terms.
You will send any Dispute Notice to Superplay at Support@superplay.co. Superplay will send any Dispute Notice to you using the contact information you have provided to Superplay. The Dispute Notice sent by either party must: (i) include the party’s name, mailing address, email address, and phone number (in your case, those associated with your account), (ii) provide a reasonably detailed description of the factual and legal basis for the Dispute, and (iii) describe the specific relief sought, including an accurate and good-faith calculation of the amount of damages or other compensation (if any) the party is seeking, as well as a description of any other remedies or relief the party is seeking or intends to seek absent a negotiated resolution of the Dispute. A Dispute Notice is only valid if it pertains to and is on behalf of the complaining party individually; a Dispute Notice brought on behalf of multiple parties is not valid.
The Informal Resolution Period is designed to allow the party who has received a Dispute Notice to make a fair, fact-based offer of settlement if it chooses to do so. You and Superplay therefore agree that neither party will demand or attempt to commence arbitration or litigation (where permitted under these Terms) against the other party before the end of the Informal Resolution Period. Both parties will attempt to personally meet and confer, via telephone or videoconference, with each other during the Informal Resolution Period in a good-faith effort to resolve informally any Dispute. If a party is represented by counsel, that party’s counsel may participate in the conference, but the parties themselves must also fully participate in the conference. If a Dispute is not resolved during the Informal Resolution Period, you or Superplay may initiate an arbitration proceeding or (where permitted under these Terms) file a claim in court as described below. A party’s failure to satisfy the condition precedent of a Dispute Notice and waiting until the end of the Informal Resolution Period entitles the opposing party to seek immediate dismissal of the arbitration or (where permitted under these Terms) litigation and the right to seek reimbursement of its costs. The amount of any settlement offer made by any party during the Informal Resolution Period may not be disclosed to the arbitrator or court until after the arbitrator or court has determined the amount of the award, if any, to which either party is entitled.
(b) We Both Agree to Arbitrate. By agreeing to these Terms, you and Superplay agree to resolve any Disputes not resolved during an Informal Resolution Period through final and binding arbitration as discussed below, except as otherwise required by applicable law or as set forth under subsections (c) and (h) of this Section 18.
(c) Opt Out of Agreement to Arbitrate. You may decline this agreement to arbitrate by sending an opt-out notice to Support@superplay.co within 30 days of first accepting these Terms. To be effective, your opt-out notice must be in writing and state that you (include your first and last name) decline this arbitration agreement, and you must personally hand-sign and date your notice. You can attach the notice to your email as a pdf, photograph or by any other means that clearly displays the required information and demonstrates that you have complied with these requirements. By opting out of the agreement to arbitrate, you will not be precluded from using the Services and neither you nor Superplay will be required to arbitrate Disputes. For avoidance of doubt, if you exercise your right to opt out of the agreement to arbitrate, those limitations and restrictions applicable to litigation that are set out in the introduction and subsections (a), (g) and (h) of this Section 18 will continue to apply to both you and Superplay. In addition, if you opt out of this agreement to arbitrate and at the time of your receipt of these Terms you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of or access to the Service, that existing arbitration agreement (but not the remainder of those prior Terms) will remain in full force and effect. In other words, if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you. The remainder of these Terms shall supersede the prior version.
(d) Arbitration Procedures and Fees.
(i) If your Country of Residence is the United States, you and Superplay agree that JAMS will administer the arbitration under its Streamlined Arbitration Rules and Procedures in effect at the time arbitration is sought (“JAMS Rules”). Those rules are available at www.jamsadr.com. Arbitration will proceed on an individual basis, except as provided for in subsection (f), and will be handled by a sole arbitrator in accordance with those rules as modified by these Terms; provided that the parties will be presented with a list of five potential arbitrators and will rank those potential arbitrators in order of preference. JAMS will select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). You and Superplay further agree that to the extent not prohibited under JAMS Rules, the arbitration will be held in English in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The JAMS Rules will govern payment of all arbitration fees. The arbitrator will be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.
(ii) If your Country of Residence is not the United States, you and Superplay agree that the Center of Arbitration and Dispute Resolution (“CADR”) will administer the arbitration, which will be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Commercial Arbitration Law, 5784-2024, as amended, or, if the International Arbitration Law is deemed inapplicable, for any reason, the Israeli Arbitration Law, 5728-1968. You agree that this agreement to arbitrate constitutes an international arbitration agreement the subject matter of which relates to more than one jurisdiction in accordance with Article 3 of the International Commercial Arbitration Law. The CADR rules are available at www.israelcourts.co.il. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules as modified by these Terms. You and Superplay further agree that the arbitration will be held in English and in Tel Aviv-Jaffa (Israel), or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The CADR rules will govern payment of all arbitration fees.
(iii) Regardless of your Country of Residence, you and Superplay both agree that (A) the arbitrator will be bound by these Terms, (B) the arbitrator will have exclusive authority to determine questions of arbitrability, and (C) that all arbitration proceedings and resulting awards conducted pursuant to Section 18 will be confidential. Any such award may not be disclosed to third parties other than to a party’s legal, accounting, or financial advisors (each of whom will be subject to that same confidentiality obligation) except (i) by either party in support of its pursuit or defense of its legal rights or obligations in another litigation or arbitration (whether involving the same or different parties), (ii) to the extent disclosed in connection with a petition or motion to confirm, enforce, or recognize the award, or (iii) otherwise as required or permitted by applicable law.
(e) Appeals. You and Superplay agree that any award issued by an arbitrator pursuant to this Section 18 may be appealed in accordance with the applicable appeal procedures (e.g. JAMS Optional Arbitration Appeal Procedures for US residents) at either party’s election.
(f) Mass Arbitration Rules. This Section 18(f) only applies if your Country of Residence is the United States. To increase efficiency of resolution, in the event 25 or more similar arbitration demands against a party, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to JAMS, the JAMS Mass Arbitration Procedures and Guidelines in effect at the time the first such arbitration demand is made (“JAMS Mass Rules”) will apply as modified by these Terms. In that event, the JAMS Process Administrator (as described in the JAMS Mass Rules) will have the authority to implement the procedures set forth in the JAMS Mass Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. Arbitrators appointed in accordance with this Section 18(f) must be retired judges with experience arbitrating or mediating disputes. All provisions of this Section 18 that are not in conflict with the JAMS Mass Rules, including the appointment process for the arbitrators, will continue to apply.
(g) Class Action and Collective Arbitration Waiver. To the maximum extent permitted by applicable law (and except as expressly provided in Section 18(f)), neither you nor Superplay are entitled: to consolidate, join, or coordinate disputes by or against other individuals or entities; to participate in any collective, group, class, or mass arbitration or litigation of disputes; to arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class; to litigate or arbitrate a dispute in a private attorney general capacity; or otherwise to seek recovery of losses or damages (whether for yourself or others) incurred by a third party. In connection with any Dispute, any and all such rights are hereby expressly and unconditionally waived. Any challenge to the validity or enforceability of this Section 18(g) will be determined exclusively by the arbitrator. Notwithstanding anything to the contrary set forth in these terms, if all or any portion of subsections 18(e), (f) or (g) is found to be invalid or less than fully enforceable with regard to a Dispute, then the entirety of the parties’ agreement to arbitrate (but not those limitations and restrictions applicable to litigation that are set out in subsections (a), (g), and (h) of this Section 18) will be deemed void and as having no effect for purposes of that dispute upon either party’s election.
(h) Exceptions to Agreement to Arbitrate. Notwithstanding your and Superplay’s agreement to arbitrate Disputes:
(i) either you or Superplay may bring a lawsuit in a court of law, subject to the requirements and exceptions in Section 19, asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify, or terminate such relief, to compel arbitration pursuant to this Section 18 or to enforce any arbitral award issued hereunder;
(ii) if your Country of Residence is the United States, either you or Superplay may also assert individual claims in small claims court in your county of residence as long as the claim qualifies for small claims court and the court does not permit class or similar representative actions or relief;
(iii) if your Country of Residence is the United Kingdom or in the European Economic Area, either you or Superplay may alternatively assert claims, if they qualify, through the relevant claims track in the courts of your Country of Residence. If your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered by the European Commission https://ec.europa.eu/consumers/odr/. Please note that Superplay will not be required to use this or any other alternative dispute resolution platform; and
(iv) if your Country of Residence is not the United States, the United Kingdom or in the European Economic Area, either you or Superplay may also assert claims, if they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section 18), then in a small claims court or the equivalent in your Country of Residence.
19 GOVERNING LAW AND JUDICIAL FORUM FOR DISPUTES
IF YOUR COUNTRY OF RESIDENCE IS THE UNITED KINGDOM OR IN THE EUROPEAN ECONOMIC AREA, NO PROVISION IN THIS SECTION 19 WILL EXCLUDE OR RESTRICT ANY OF YOUR STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER BASED ON THE APPLICABLE LAWS OF YOUR COUNTRY OF RESIDENCE, INCLUDING YOUR ABILITY TO CLAIM FOR YOUR USER CONTENT OR ACCOUNT BEING TERMINATED OR SUSPENDED IN BREACH OF THESE TERMS.
(a) Governing Law.
(i) If your Country of Residence is the United States, these Terms, your use of the Services, and our entire relationship (including any Disputes), will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles. The agreement to arbitrate contained in Section 18, its scope, and its enforcement will also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles. You and Superplay acknowledge these Terms affect interstate commerce.
(ii) If your Country of Residence is not the United States, except as otherwise required by applicable law, these Terms, your use of the Services, and our entire relationship (including any Disputes), including the arbitration agreement contained in Section 18, will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles.
(b) Judicial Forum for Disputes. Except as otherwise required by applicable law, you and Superplay agree that any Dispute that is not subject to arbitration pursuant to Section 18 and not permitted to be filed in the relevant courts in accordance with the exceptions in Section 18(h) may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel. Both you and Superplay consent to venue and personal jurisdiction there. Notwithstanding the foregoing, You and Superplay agree that either of us may move to compel arbitration or to enforce or compel an arbitral award before any court of competent jurisdiction.
20 MODIFYING OR TERMINATING OUR SERVICES AND THESE TERMS
(a) If your Country of Residence is outside the United Kingdom or the European Economic Area:
(i) We reserve the right to, at any time, modify our Services; terminate these Terms; offer opportunities to some or all end users of the Services; charge, modify, or waive any fees required to use the Services; or suspend or terminate providing all or part of our Services. For example, we may need to make changes to the rules of Games to help balance the gameplay experience across our users. You may be required to accept updates to the Service, including updates to Apps that you have installed on your computer, mobile device, or any other device. You acknowledge that Superplay may perform these updates remotely and agree that Superplay may update the Services with or without notifying you. You also may sometimes need to update third-party software from time to time in order to access certain Services.
(ii) We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by these Terms or the Supplemental Terms, unless otherwise expressly stated by Superplay in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by closing your account, uninstalling all Apps, and otherwise ceasing use of our Services.
(c) If your Country of Residence is the United Kingdom or in the European Economic Area or Australia:
(i) We reserve the right to suspend, modify, remove, amend, and/or add products to all or part of our Services; offer opportunities to some or all end users of the Services; or charge, modify, or waive any fees required to use the Services. We may take such action in our reasonable discretion for any reason, including: (i) to implement any operational or technical changes or improvements to the Services; (ii) to fix bugs; (iii) to improve the security of the Services; or (iv) to ensure compliance with any applicable laws.
(ii) If any modifications or changes to all or part of the Services as provided in Section 20(c)(i) have a negative impact on your use of the Services in more than a minor manner (which shall be determined by us using our reasonable discretion), then we will provide you with reasonable notice in advance of such changes where possible. If you do not agree to the modifications or changes to all or part of the Services, then you have the right to terminate these Terms and close your account, uninstall all Apps, and otherwise cease use of our Services within 30 days from the date of us providing any such notice to you or 30 days from when the modification comes into effect, whichever is later.
(iii) We may terminate these Terms and the license granted to you pursuant to Section 10(b) and/or suspend, modify or delete your account at any time: (A) without notice if you breach any important provisions of these Terms, including the provisions of Section 6; or (B) for any reason by providing reasonable notice in advance where possible.
(d) The parties’ respective rights and obligations under Sections 1, 3-6, 7(d), 8(f), 10(a), and 11-23 of these Terms, together with all other provisions that may reasonably be construed to survive, will survive the expiration or termination of these Terms for any reason.
21 SEVERABILITY
Except as stated in Section 18(g), if any portion of these Terms is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable,
(a) the unenforceable or unlawful provision will be severed from these Terms;
(b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and
(c) the unenforceable or unlawful provision may be revised to the extent required to render these Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve these Terms and the intent of these Terms to the fullest possible extent.
22 GENERAL TERMS
(a) Export Controls. You must comply with all export and sanction laws and regulations maintained by the United States, Israel, the European Union, the United Kingdom, and other applicable countries as determined by Superplay in our sole discretion (“Trade Controls”). The Trade Controls prohibit the use of the Services by:
(i) any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea, Donetsk and Luhansk regions of Ukraine, collectively, the “Sanctioned Countries”), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon Superplay’s sole discretion due to local legislation requirements or any other reason upon its sole discretion; or
(ii) anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U., UK or Israeli governments, or by the jurisdictions in which the Services were obtained, including, without limitation, the U.S. Treasury Department’s List of Specially Designated Nationals (collectively, “Sanctioned Persons”). You represent and warrant that:
(i) you are not located in, operating from, established under the laws of, or otherwise ordinarily resident in a Sanctioned Country;
(ii) you are not a Sanctioned Person;
(iii) you will not export, re-export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, to a Sanctioned Country, a Sanctioned Person or otherwise in violation of Trade Controls; and (iv) you will not use funds from a Sanctioned Person to pay Superplay, or otherwise involve a Sanctioned Person in payments to Superplay.
(b) Responsible Gaming. While we want you to have a fun, exciting, and entertaining experience while using the Services, it is your responsibility to exercise control over your playtime, spending, and purchases on the Services.
(c) Artificial Intelligence. Superplay may use artificial intelligence (“AI”), generative AI, or other technologies which may be considered automated decision-marking or profiling, to provide, design, develop, and improve our Services (for example, the use of chatbots and other means to facilitate customer support processes, to tailor our Services to your preferences, and to generate certain art and assets in our Games and other Services) and for other legitimate business purposes. The license you grant in Section 5(b), for example, allows Superplay to use your User Content to inform, train, develop, or serve as inputs to generative AI or other AI models. You understand that some of our AI systems and models used in the provision of the Services are provided by third party service providers and are subject to third party terms and conditions.
(d) Content Recommendation. We use information to enable us to optimize and provide our Games to you. This includes using information about your gameplay and purchase history to tailor our Games to you, which may be in the form of in-game gifts, promotions and features in the game. We use those parameters because we believe they play a significant role in determining (for example) your level of engagement with our Games.
(e) Language. To the fullest extent permitted by applicable law, the controlling language for these Terms is English. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. Any translation has been provided for your convenience.
(f) Other Terms. Superplay’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision. These Terms reflect the entire agreement between the parties relating to the covered subject matter and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between Superplay and you may be conducted electronically. We may assign these Terms, in whole or in part, with or without notice to you. You can’t assign your rights or obligations under these Terms, and any attempted assignment in violation of this sentence is void. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
23 CONTACT US
The Superplay entity entering into these Terms with you corresponds to the Game or other Services you access, as set forth below. As a result, you are entering into these Terms with Superplay. If you have any questions, comments or concerns regarding these Terms or your use of the Services, please contact us using our support@superplay.co. Please note that communications may not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your correspondence with us.
