Effective date: June 16, 2020.
Please read these Terms carefully because this is an important document. A lot of time and effort goes into providing the Services (as defined below). To enable Us to continue to make the Services available, We need to have some rules about what you can and cannot do when using the Services.
You should consider printing these terms of service and storing them along with all confirmation emails, additional terms, transaction data, game rules and payment methods relevant to your use of the Services. These terms are subject to change – see below in section 25.
If you have any queries, please feel free to contact us by contacting our customer support at firstname.lastname@example.org. You accept to be bound by these Terms of Service:
At that point, a legally binding agreement on these Terms of Service is concluded between:
1.1. Agate International shall provide social games and related services (the “Services”), which may be accessible through third party social networking sites (“Platforms”), applications for mobile devices, Agate International branded websites and/or any other online or mobile delivery methods provided by Us. You shall be able to access the Services using Your Account (as defined below).
2.2. Where you access the Services through a Platform, You will also be bound by the terms and conditions of that Platform.
2.3. If the Agreements are translated into another language, the English language version will prevail in the event of any conflict between the translation and the English language version.
2.4. Please note that these Terms of Service shall prevail in the event of any conflict between these Terms of Service and any of the game rules or other documents referred to in these Terms of Service.
2.5. By clicking on “Submit”, “I Agree”, “Play” or “Install” (or their equivalents in whatever language you are accessing the Services in) and accepting these Terms of Service, or by using the Services, You are also acknowledging and accepting these Agreements. Access to, and use of, the Services is governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice.
3.1. By using the Services, and/or by acknowledging that You have read the Terms of Service when You register to join and/or by clicking on the “Submit” “download”, “Play”, “Install” or “I Agree” button when You install any of the software relating to the Services provided via a Platform, on a mobile device, or when You register for Your Account, You are agreeing to comply with these Terms of Service and You acknowledge that Your failure to comply with the Terms of Service may result in disqualification, the closure of Your Account (as defined in Section 7 below), forfeiture of any virtual funds and/or legal action against You, as appropriate and as further specified in these Terms of Service.
3.2. You acknowledge that if You accept these Terms of Service, We will start providing You with the benefit of the Services immediately. As a consequence, if You accept the Terms of Service when registering for the Service, You will not later be able to cancel Your registration, although You can terminate Your acceptance of the Terms of Service and close Your Account in accordance with Section 7 below.
4.1. When using the Service You may choose to purchase with “real world” money, a license to use (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, the “Virtual Items”). Virtual Items may be made available to through a third-party Platform.
4.2. Virtual Items have no real-world monetary value and do not constitute real world currency or property of any type.
4.3. Any purchases You make in order to acquire a license to use Virtual Items are non-refundable. You can purchase licenses for Virtual Items by visiting the Buy Tokens or Buy page on a Platform or in-game, confirming Your credit/debit card or other payment details and confirming the particulars of Your purchase. You may also be granted a license for Virtual Items by, for example, watching videos served by third party providers, completing surveys, register on third-party websites, downloading another game. Virtual Items which are licensed to you in this way are treated the same as Virtual Items which you purchase a license for.
4.4. For Virtual Items, Your order will represent an offer to Us to purchase a license for use of Virtual Items within the Service which will be accepted by Us when We make the Virtual Items available to You either (i) when You have achieved a specified goal within the Service, or (ii) You opt to purchase Virtual Items with “real world” money and You provide Us with Your credit/debit card or other payment details. Your license to use Virtual Items within the Service shall commence upon acceptance by Us of Your purchase of Virtual Items. By ordering a license to use Virtual Items, You agree and accept that We will provide it to You promptly following completion of Your purchase.
4.5. You understand that while at times You may “earn”, “buy” or “purchase” Virtual Items, these terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the “value” of the Virtual Items does not refer to any credit balance of real currency or its equivalent. Rather, You may purchase a limited license to use the Virtual Items, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of Your direct payment, subject to any relevant policies and terms of service.
4.6. Virtual Items are non-refundable and non-exchangeable once ordered by You (whether or not you use them). You expressly consent to the immediate performance of the contract for digital content once we accept Your order and You hereby acknowledge that You have no right to cancel such a contract.
4.7. You agree to pay all fees and applicable taxes incurred by You or anyone using an account registered to You. It lies in Our sole discretion to revise the pricing for the Virtual Items and/or other goods or services We license to You through the Service at any time. You acknowledge by accepting these Terms of Service that We are not required to provide a refund for any reason, and that You will not receive money or other compensation for unused Virtual Items when Your license to access and use the Service is revoked or Your Account is closed, whether this was voluntary or involuntary.
4.8. Transfers of Virtual Items are strictly prohibited, except where explicitly authorized within the Services or by Agate International. Outside of the Services, You may not buy or sell any Virtual Items for “real money” or otherwise exchange items for value. Any attempt to do so is in violation of these Terms of Service and may, at Our sole discretion, result in a lifetime ban from the Services and in a possible legal action. Virtual Items may never be redeemed for “real money”, goods or other items of monetary value from Us or any other party. You may not purchase Virtual Items from any party other than Us. We may limit or block your attempt to purchase Virtual Items at any time in our complete discretion.
4.9. We do not make any promises or warrants regarding how or when Virtual Items may be available and We may update or change Virtual Items at any time.
4.10. All Virtual Items are forfeited if Your license is revoked or suspended or Your Account is terminated or suspended for any reason, in Our discretion, or if We discontinue providing the Services.
4.11. Notwithstanding the above, Virtual Items expire two years from the date on which they are purchased or, on the date on which We stop providing the Service or on which you or We cancel your use of the Services, whichever is earlier.
5.1. We reserve the right to suspend, modify, remove and/or add to any of the Services in Our sole discretion with immediate effect and without notice and We will not be liable for any such action. We further reserve the right to suspend Your use of the Service from time to time.
5.3. We forbid the use of all unfair practices when using the Services. We do this to protect Our users and the integrity of the Services. If any user is found to be participating in any form of collusion or other activities that We consider to constitute cheating his or her Account may be permanently closed.
5.4. We forbid the posting of any prohibited Third Party Content (see Section 10 below).
5.5. Subject to these Terms of Service, We grant You a non-exclusive, non-transferable, revocable limited license, to access and use the Service. Any use of the Service in violation of these Terms of Service is strictly prohibited and may result in the immediate revocation of Your limited license granted hereunder, and may subject You to liability for violations of law. Any attempt by You to disrupt or interfere with the Service, including undermining or manipulating the legitimate operation of the Service, is a violation of these Terms of Service and may be a violation of criminal and civil laws.
5.6. In Your use of the Services or your activities on the Services, You agree not to:
5.7. It is Your responsibility to provide all equipment and/or software which may be necessary in order for You to access the Service, including, but not limited to, a mobile device which is compatible with the Service if applicable.
5.8. For the avoidance of doubt, should You incur any fees in accessing the Service (e.g. internet charges and/or mobile device fees) it shall be Your sole responsibility to pay those fees.
6.1. If you are under 18 years of age, please ask your parent or guardian to review and approve these Terms on your behalf (because in some countries people under the age of 18 cannot legally enter into contracts like this one).
6.2. Where you are accessing the Services through a Platform, you may only use the Services if You are 18 years of age or over or if you are over the age of 13 and you have the permission of your parent or guardian. If you are using the Services on a mobile device, you may only use the Services if you over the age of 16 or if you are under the age of 16 and you have the permission of your parent or guardian. We reserve the right to ask for proof of age from You and Your Account may be suspended until satisfactory proof of age is provided.
6.3. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services.
6.4. Without limitation to the above, access to the Services may be restricted from certain territories.
6.5. Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way.
6.6. In any event, and in addition to the restrictions set out above, You shall not:
7.1. To use the Services, You may need to have either (i) a genuine account on a Platform (i.e. a social networking site such as Facebook); (ii) an account on one of the Agate International websites and/or (iii) a genuine account with an applications provider for Your mobile device, through which You will be able to access the Services (each, an “Account”). You may need to download and install software as provided on a Platform in order to access the Services.
7.3. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We shall have the right to suspend or terminate Your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). For the avoidance of doubt, You shall not use the Services on an Account created on behalf of anyone else and under no circumstances shall You create an Account for a child under the age of 13 (or other such minimum legal age as in Your jurisdiction).
7.4. To use certain Services You may have to download and install software as provided on the relevant Platform.
7.5. You understand that on certain Agate International websites information associated with your Account (for example, information publicly available on your personal social media page such as your account name and profile picture) may be made publicly available and this information may also be picked up by internet search engines.
8.1. By using the Service you agree that you have the necessary hardware, software, suitable internet connection and capability required for its use. We accept no responsibility or liability for any failure of your system to meet the technical requirements of the Service as updated occasionally.
9.1. From time to time, We may need to deploy or provide patches, updates, additional content or other modifications to the Service (for example to enhance the Service, to add new features or to resolve software bugs). You grant Us your consent to deploy and apply such patches, updates or other modifications to the Service automatically. From time to time, We may also at Our absolute discretion remove or suspend access to particular features, content or other parts of the Service.
10.1. The Service may invite You to chat or participate in blogs, message boards, online forums and other functionality and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Us and/or to or via the Services, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any such material You transmit to Us will be treated as non-confidential and non-proprietary.
10.2. You agree that Your User Content is wholly original and You have the requisite rights to Your User Content, including the right to grant all of the rights and licenses in these Terms of Service without Us incurring any third party obligations or liability arising out of Our exercise of the rights thereto granted herein by You.
10.3. You grant to Us the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
10.4. We have no obligation to monitor or enforce any intellectual property rights that may be associated with Your User Content, but We do have the right to enforce such rights through any means We see fit, including bringing and controlling actions on Your behalf.
10.5. You acknowledge that You do not rely on Us to monitor or edit the Service and that the Service may contain content which You find offensive and You hereby waive any objections You might have with respect to such content including but not limited to the following:
10.6. We do not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the Service or its forums and, therefore, We specifically disclaim any responsibility with regard thereto.
10.7. We may reject or delete any text, files, images, photos, video, sounds, or any other materials (“Third Party Content”) posted by You which in Our sole opinion breaches the terms of these Agreements.
10.8. We do not claim any ownership rights in any Third-Party Content posted by You. You agree that You are solely responsible for any Third-Party Content posted by You under Your Account Name.
10.9. You hereby grant to Us a non-exclusive, royalty-free, worldwide, non-revocable, perpetual license (including the right to sublicense) to use and to make such copies thereof as We deem necessary in order to facilitate the posting and storage of Your Third Party Content or in connection with any promotions in all media now known or hereinafter developed.
10.10. You warrant to Us that You have full power and authority to grant the license at clause 10.3 above and that the Third-Party Content posted by You:
10.11. You agree to pay for all royalties, fees or any other monies owed to any thirdparty as a result of You posting any Third-Party Content (including but not limited to publishing on a Platform).
10.12. You acknowledge that the following constitutes (but is not limited to) prohibited Third Party Content: Third Party Content which:
10.13. All comments, feedback, suggestions, ideas, and other submissions (hereinafter “User’s Input”) disclosed, submitted, or offered to Us in connection with the use of the Service shall be Our exclusive property. You agree that unless otherwise prohibited by law We may use, sell, exploit and disclose the User’s Input in any manner, without restriction and without compensation to You.
10.14. Any violation of this clause 10 may result in removal of the Third-Party Content, a suspension of Your use of the Services and/or such other action as may be reasonably required by Us to ensure compliance.
11.1. You acknowledge and accept that all trademarks, commercial names or logos, and all industrial and intellectual property rights, relating to the content and/or any other elements included in the Service, are the exclusive property of Us and/or third parties, who have the exclusive right to use them commercially. Under no circumstances shall access to the Service imply any kind of waiver, transfer, license or assignment of said rights, in whole or in part, except where expressly stated to the contrary. The Terms of Service confer on You no right to use, alter, exploit, reproduce, distribute or publicly display the Service and/or its contents in any way other than expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express written authorization specifically granted for that purpose by Us or the third party who holds the rights concerned.
11.2. Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Us and are protected by law from unauthorized use. Upon the acceptance of these Terms of Service You acknowledge Our exclusive (intellectual) property of the Service as well as the systems regulated by Us.
11.3. You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any Virtual Items.
11.4. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without Our express prior written permission.
12.1. Every person who identifies himself by using the Services through his Account or by using the Services through a Platform is assumed by Us to be the rightful Account holder and all transactions where the Account name and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorized use or misuse of Your login details. We shall not be required to maintain Account names or passwords. If You misplace, forget, or lose Your Account name, username or password, We shall not be liable.
13.1. Without limiting any other remedies, We may limit, suspend, terminate, modify, or delete Your access to the Services, or portions thereof, if You are, or We suspect that You are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Services, with or without notice to You. You can lose any benefits, privileges, earned Virtual Items and purchased Virtual Items associated with Your use of the Services or a termination or suspension of the Services, and We are under no obligation to compensate You for any such losses or results.
13.2. Without limiting Our other remedies, We may limit, suspend or terminate the Services or portions thereof, prohibit access to the Services, delay or remove hosted content, and take technical and legal steps to prevent You from accessing the Services if We believe that You are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of the Terms of Service. Additionally, We may, in appropriate circumstances and at Our sole discretion, suspend or terminate Your access to the Services if We believe You may be an infringer of third party intellectual property rights.
13.3. We reserve the right to stop offering and/or supporting the Services, or part of the Services, at any time either permanently or temporarily, at which point Your use of the Services or a part thereof will be automatically terminated or suspended. In such event, We shall not be required to provide refunds, benefits or other compensation to You in connection with such discontinued elements of the Services.
13.4. Termination of Your Account can include disabling Your access to the Services, or any part thereof, including any content You submitted or others submitted.
13.5. You may cancel your use of the Services at any time by contacting us at email@example.com.
14.1. You agree that You will only use the Services in accordance with the Agreements. You will compensate Us in full for any losses or costs (including reasonable legal fees) which We (or any member of our Group) incur arising from any breach by You of the Agreements.
15.1. Your access to the Services, download of any software relating to the Services and use of the Services or any information We may provide in connection with Your use of the Services is at Your sole option, discretion and risk. You expressly agree that the Services are provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty (30) days from first use or the minimum period required). For the avoidance of doubt, we make no warranties in particular regarding:
15.2. Without limiting the foregoing, We, including Our affiliates or subsidiaries, officers, directors, agents, attorneys, lawyers, employees, third-party content providers, and distributor licensees or licensors (collectively, “Our Parties”), shall not be liable for any malfunctions of the computer programs relating to the Services, errors, bugs or viruses resulting in lost data or any other damage to Your computer equipment, mobile phone or mobile device, or software. Furthermore, We and Our Parties shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by Us. We are not required to provide redundant or backup networks and/or systems.
15.3. To the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to the use of, or inability to use, the Services under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence). We and Our Parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, the Services.
15.4. You further specifically acknowledge that We and Our Parties are not liable, and You agree not to seek to hold Us liable, for the conduct of third parties, including other users of the Services and operators of external sites, and that the risk of the Services and external sites and of injury from the foregoing rests entirely with You.
15.5. To the extent permissible under applicable laws, under no circumstances will We and Our Parties be liable to You for more than the amount You have paid Us in the ninety (90) days immediately preceding the date on which You first assert any such claim.
15.6. You acknowledge and agree that if You have not paid Us any amounts in the ninety (90) days immediately preceding the date on which You first assert any such claim, Your sole and exclusive remedy for any dispute with Us is to stop using the Services.
15.7. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in the section may not apply to You. In particular, nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Us.
15.8. We assume no liability for damages whatsoever, arising through the abuse of the Services by you or any third party (which third party acts with or without your authorization).
16.1. You agree to defend, indemnify and hold harmless Us and Our Parties from and against all claims and expenses, including legal fees and costs, arising out of Your use of the Services and/or Your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms of Service. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. You agree that the provisions in this paragraph will survive any termination or suspension of Your Account(s) or the Service.
17.1. We reserve the right, but have no obligation, to monitor and/or manage disputes between You and other users of the Services. If You have a dispute with other users, You release Us and hereby agree to indemnify Us 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 dispute.
18.1. We may notify You via postings on the Social Network or website from which You access the Service, via email or via any other communication channel which You have provided to Us. All notices given by You, or required from You, under these Terms of Service shall be in writing and addressed to:firstname.lastname@example.org. Any notices that You provide without compliance with this clause 18 shall have no legal effect.
18.2. In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by Us, You should in the first instance contact Us in accordance with clause 18.1 above.
19.2. You agree to the storage and automation aided use of Your Information given to Us in the course of using the Services.
19.3. You should assume that all use of Our website, and emails, SMS and telephone calls between You and Us will be recorded. These recordings will be Our property and may be used as evidence in the event of any dispute or to improve customer services.
21.1. These Agreements shall be governed by and construed in accordance with the laws of Indonesia. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Indonesia for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
22.1. We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
23.1. Except insofar as these Terms of Service expressly provide that a third party may in their own right enforce a term of these Terms of Service, a person who is not a party to these Terms of Service has no right under local law or statute to rely upon or enforce any term of these Terms of Service but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.
23.2. For the avoidance of doubt, any affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership, of Us is an intended third-party beneficiary of these Terms of Service.
24.1. You understand that the Service may feature advertisements from Us or third parties.
24.2. We may provide links on the Services to third party websites. Any charges or obligations You incur in Your dealings with these third parties are Your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Services, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Us and may collect data or solicit personal information from You. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Us of these linked sites. You acknowledge that We have not reviewed any of such third-party websites and do not control and are not responsible for these websites or their content or availability.
25.1. You fully understand and agree to be bound by these Terms of Service as modified and/or amended by Us from time to time. We may amend these Terms of Service at any time by publishing the modified Terms of Service on any place through which You access the Service. Any such modification will take effect within twenty four (24) hours of publication. If any modification is unacceptable to You, Your only recourse is to terminate these Terms of Service. Your continued use of the Service following notification will be deemed binding acceptance of the modification. It is Your sole responsibility to review these Terms of Service and any amendments each time You access or use the Services. These Terms of Service and the documents referred to herein represent the complete and final agreement between You and Us in relation to these terms and supersede any and all prior agreements between You and Us.
26.1. You acknowledge that the rights granted and obligations made hereunder to Us are of a unique and irreplaceable nature, the loss of which shall irreparably harm Us and which cannot be replaced by monetary damages alone so that We shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit Your claims to claims for monetary damages (if any).
26.2. Our failure to require or enforce strict performance by You of any provision of these Terms of Service or to exercise any right under them shall not be construed as a waiver or relinquishment of Our right to assert or rely upon any such provision or right in that or any other instance.
26.3. In case any one or more of the provisions contained in these Terms of Service shall be invalid, illegal, or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. In lieu of the invalid or inoperable provision, these Terms of Service shall be applied in a reasonable manner, which, so far as legally permissible, comes as close as possible to the application of what the Parties intended, according to the spirit and purpose of these Terms of Service. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Our request, You will furnish Us any documentation, substantiation or releases necessary to verify Your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against Us by virtue of having drafted them. You hereby waive any and all defenses. You may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
26.4. We will not be liable for any failure to perform any obligation under these Terms if that failure is caused by the happening of any unforeseen event beyond Our reasonable control including without limitation, Internet outages, communications outages, fire, flood, strike, war or act of God.