Droppy Bomb Terms of Service
Throughout this document, reference to Strange Brothers Games shall refer collectively to Strange Brothers Games.
The following agreement (“Agreement” or “Terms of Use”), along with Strange Brothers Games’ Privacy Policy (incorporated herein by this reference) describes the terms on which Strange Brothers Games (“Publisher”) offers you access and use of Strange Brothers Games’ interactive entertainment software products and games , including on social game, online and mobile platforms and services, including but not limited to, Google Play Games, Apple Store Games. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Use. By using the Games or Services, you agree to these Terms of Use. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using the Games.
“Games” consists of the software (“Software”) and any online and/or mobile services or platforms on which such games may be accessed (“Service”). All use of the Service is governed by the term and conditions contained in this Agreement, including future revisions. Any use of the Service not in accordance with the Terms of Use is expressly prohibited.
INTELLECTUAL PROPERTY OWNERSHIP
All rights and title in and to the Software and the Service (including without limitation any titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catchphrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation are owned by Publisher or its licensors and/or the Services on which Strange Brothers Game's applications and games are located and may be accessed. The Software and the Service are protected by United States and international laws. The Software and Service may contain certain licensed materials, and Publisher’s licensors may enforce their rights in the event of any violation of this Agreement.
You agree that you have no rights or title in or to any content that appears in the Software, including the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service.
CHANGES TO THE TERMS OF USE AGREEMENT OR THE SERVICE
Publisher reserves the right, from time to time, with or without notice to you, to make changes to this Agreement in Publisher’s sole discretion. Continued use of any part of the Game constitutes your acceptance of such changes. The most current version of this Agreement, which supercedes all previous versions, can be reviewed by clicking on the “Legal” hyperlink located at the bottom of every page on the Publisher’s web site. Publisher may change, modify, suspend, or discontinue any aspect of the Service at any time.
DISCLAIMER
STRANGE BROTHERS GAMES GAMES AND/OR ACCESS TO ITS GAMES ON THE SERVICES ARE PROVIDED “AS IS” AND PUBLISHER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON- INFRINGEMEN
LIMITATION OF LIABILITY
NEITHER PUBLISHER NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAMES AND/OR THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, USER PROVIDE INFORMATION STORED BY GAME; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL PUBLISHER BE LIABILE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
FORCE MAJEURE
Publisher shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Publisher, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Publisher’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
RELEASE
Publisher will have the right but not the obligation to resolve disputes between users relating to the Games. As a condition of access to its Games, you release Publisher, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees and distributors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Game, including but not limited to Publisher’s resolution of disputes relating to the Game.
In any society, real or virtual, there are bound to be disputes between individuals. While it may be in the publisher’s interest to help the parties resolve their disputes, the publisher should also protect itself from liability with respect to its decision to become involved and/or the ultimate resolution.
JURISDICTION AND DISPUTES
If you are a resident of the United States, this Agreement and any dispute arising out of or related to it or the Game and/or Service shall be governed in all respects by the laws of the State of Kansas as they apply to agreements entered into and to be performed entirely within Kansas between Kansas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Publisher must be resolved exclusively by a state or federal court located in Johnson County, Kansas. You agree to submit to the personal jurisdiction of the courts located within Johnson County, Kansas for the purpose of litigating all such claims or disputes. If you reside in a Member State of the European Union or any other Country other than the United States: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with Publisher or relating in any way to your Account(s) or your use of Games and/or Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving Publisher or its affiliates, employees, contractors, officers, directors, vendors and content providers.
MISCELLANEOUS
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment or agency relationship exists between you and publisher as a result of this Agreement or use of Publisher’s Service.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior contemporaneous communications and proposals, whether electronic, oral or written between the user and Publisher with respect to Publisher’s Service.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.