1. General
The Terms set forth below, including any incorporated terms or documents, apply to use of the websites (“Sites”), desktop or mobile applications (“Apps”), products (“Products”), software (“Software”), and other services made available by Sun Sight Games Incorporated (“Sun Sight Games,” “we,” “us,” or “our”), including the content, information, functionality and services provided through such items (all of the foregoing collectively, the “Services”). Sun Sight Games may use service providers (“Providers”) to host or provide certain aspects of the Services. THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND SUN SIGHT GAMES THAT GOVERNS YOUR RIGHT TO ACCESS AND USE THE SERVICES. By using or accessing a Service or otherwise accepting an agreement incorporating these Terms, you agree to be bound by all of the Terms. If you do not agree to all of the terms, you may not use or access the Services.
2. Access To The Services
You agree to access and use the Services only in accordance with these Terms and any applicable laws and regulations. You may need to register and create an account (an “Account”) to access certain Services. Sun Sight Games reserves the right to refuse to register your Account because your requested user name or email address is being used by someone else, because you may be impersonating another person, or for any other reason in our sole discretion. We reserve the right to suspend or terminate your account if you are using our Services illegally or if you violate these Terms. All required Account registration information you submit must be truthful and accurate, and you must maintain the accuracy of such information, including your correct email address, so we may send you notifications and other Account-related communication. You are not allowed to transfer your Account, disclose your Account credentials to third parties or permit others to use your usernames/passwords. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account. You are solely responsible for maintaining the confidentiality, security and privacy of your password and username, sensitive information attached to that Account, and for all activities that occur under your Account. You must notify us immediately of any breach of security or unauthorized use of your Account. You agree that you have the sole responsibility for adequate protection and backup of data, computer systems, mobile devices and other equipment used in connection with the Services. In the event that you lose your mobile device or if you suspect unauthorized access you should immediately change the password on your Account. It is your responsibility to ensure that you have all required components, hardware and network connectivity necessary to access the Services and that such items are compatible, up to date, and properly configured.
3. Age Restrictions
The minimum age to use our Services is 18 years old. By using our Services, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children.
4. Sale of Services
The following Services are available:
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Merchandise;
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Video Game;
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Video Game Assets;
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Mobile Apps;
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Desktop Apps;
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Software Development; and
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Consulting.
The Services will be paid for in full when they are ordered.
These Terms apply to all our Services at the time you access them. This includes all Services listed as being out of stock. All information, descriptions, or images that we provide about our Services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all Services we provide. You agree to purchase our Services at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
4. Third Party Products
Our Services may offer Products from third parties. We cannot guarantee the quality or accuracy of Products made available by third parties through our Services.
5. Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please email
cancel@sunsightgames.com.
6. Free Trial
We may offer a free trial of one of our Services: A free trial begins when users register for a new account. The free trial includes use of that Service.
At the end of your free trial, the following will occur: You will automatically be billed our monthly subscription rate. If you do not want to be billed, you will need to cancel your subscription before your free trial ends.
To cancel your free trial, please
email cancel@sunsightgames.com.
7. Payments
We accept the following payment methods through our Services:
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Credit Card;
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PayPal;
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Debit; and
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Direct Debit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms, we reserve the right to cancel or reverse your transaction.
8. Shipping and Delivery
When you purchase goods through our Services, delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
9. Limited Use License And Acceptable Use
Sun Sight Games grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services only in accordance with and for the purposes set forth in these Terms. You agree not to (or assist others to):
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use any part of the Services or related data in contravention of any federal, provincial, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations;
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use the Services to send or store infringing or unlawful material or for any invasive, infringing, defamatory or fraudulent purpose;
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access the Services or related data for the purpose of building a competitive product or service or testing or copying features, capabilities, content or user interfaces, including by screen scraping;
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attempt to bypass the security infrastructure used by the Services;
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infect or introduce any spyware, virus or any other form malicious software into the Services;
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attempt to interrupt or crash a Service host or network or engage in “denial of service” attacks or “flooding” attacks;
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modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services (except to the extent applicable laws specifically permit such activity for interoperability purposes);
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access or use the Services by means of any interfacing program, script, automated program, electronic agent or “bot”;
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interfere with the use of the Services by other authorized users; or
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redistribute, resell, lease, time-share, retransmit, frame, republish or commercially exploit the Services or their contents. Except as expressly provided herein nothing shall be construed as conferring any license under any intellectual property right of Sun Sight Games or any third party, including any right in the nature of patent, trademark or copyright, whether by estoppel, implication, or otherwise.
You agree you will impose only that load on Sun Sight Games’ servers that is necessary for your use of a Service in the ordinary course as contemplated in these Terms. Violation of these Terms shall automatically terminate the license granted herein. Upon Sun Sight Games’ belief that your conduct fails to conform with these Terms, Sun Sight Games or its Providers shall have the right to suspend the Services without notice, and to take such defensive or civil action as it may deem necessary. Sun Sight Games and its Providers will have no liability to you or any user arising out of, or in connection with, any such suspension or action. Sun Sight Games will assist law-enforcement officials investigating illegal activity or violations of these Terms.
10. Service Terms And Software
When you use certain Services you also will be subject to the additional guidelines, legal notices, terms and agreements applicable to that Service of which you are notified (“Service Terms”) which Service Terms are hereby incorporated into these Terms. For example, if you have downloaded an App from an App Store, you are also subject to any Terms of that App Store (e.g., in the case of a Sun Sight Games iOS® App, the Apple® Licensed Application End User License Agreement terms constitute Service Terms for that App). We are not responsible for the content, policies, or practices of any third party service through our Services. It is your responsibility to read the terms and conditions and privacy policies of these third party service before using these services. To the extent the Service Terms are less restrictive than, or otherwise conflict with, these Terms, the more restrictive or conflicting terms and conditions in these Terms shall apply. Software that is embedded in or associated with a Product, including any App you download (collectively, “Software”), is licensed and not sold, and your use thereof is subject to these Terms (including any applicable Service Terms).
11. User Content And Feedback
You are solely responsible for the images, video, audio, text, information, data and other content that you (or those on your behalf) upload, publish, display, stream, link to or otherwise make available on or to the Services or otherwise provide to Sun Sight Games (“User Content”). Sun Sight Games does not want to receive, and you agree not to provide, any confidential or proprietary information as User Content, including via the Services, e-mail, discussions, chat rooms, or through any social media. You agree that any User Content provided to Sun Sight Games will not be considered confidential or proprietary. You represent and warrant that:
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you have the proper right and authorization to provide, distribute and use any User Content (including under any laws requiring notice to or consent of third parties) and to authorize Sun Sight Games, Providers and users of the Services to use User Content as necessary to carry out the Services;
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your User Content does not violate any applicable law, regulation, proprietary right or custom;
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your User Content is not infringing, defamatory, obscene, threatening, abusive, exploitive, obscene, harmful, threatening, abusive, harassing, hateful, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Sun Sight Games’ sole discretion; and
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your User Content does not involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
You hereby grant Sun Sight Games and its Providers the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, display, disclose, modify, publicly perform, copy and distribute User Content in connection with the operation of the Services and to use and disclose User Content as provided in these Terms. Sun Sight Games reserves the right to remove any User Content from the Services at any time for any reason. Sun Sight Games will have no liability for any deleted or inaccessible User Content.
You further grant Sun Sight Games an unrestricted, perpetual, irrevocable, worldwide, sublicensable, transferable license to use any all suggestions, know-how, ideas, concepts or feedback provided to Sun Sight Games with respect to the Services (“Feedback”). You agree that Sun Sight Games and its affiliates may use, copy, modify, publish, or redistribute such Feedback for any purpose and in any way without any compensation or obligation to you.
12. Service Content and Proprietary Rights
“Service Content” means the content published and made available through our Services. This includes, but is not limited to text, graphics, images, video, audio, content, logos, documents, downloadable files, data, information, analysis, output, and anything that contributes to the composition of our Services, but does not include User Content as provided by you. Service Content is considered part of the “Services.” You acknowledge that Service Content is proprietary to us, and you agree not to use or disclose it except as expressly permitted in these Terms. Except as otherwise provided in these Terms, Service Content may be used for informational purposes only, such as social media posts or uploads that show your enjoyment of the Services.
Your use of Service Content is subject to the following restrictions:
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You must retain, on all copies of the Service Content downloaded, all copyright and other proprietary notices contained in the Service Content;
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You may not change or modify Service Content in any way or reproduce or publicly display, perform, or distribute or otherwise use Service Content for any public or commercial purpose; and
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you must not transfer the Service Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms.
Title to and ownership of the Services, Software, Service Content (excluding User Content), any materials or other derivative work based on or derived therefrom or improvements thereto, and all copyrights and associated intellectual property rights, shall belong to Sun Sight Games or its affiliates or Providers. These Terms do not limit your rights under, or grant you rights that supersede, the license terms of any applicable open source software that may be included in or used by the Software or Services, and your use of such open source software is governed by those third party license terms. No permission is granted to use any Sun Sight Games brand or logo unless a request for such use is made and written permission is first granted. All brands and names are the property of their respective owners. The compilation of all Service Content is the exclusive property of Sun Sight Games. Unless otherwise indicated, the Software and Service Content are copyright Sun Sight Games, all rights reserved. Your use of any Service Content, except as provided in these Terms of Use, without the written permission of Sun Sight Games, is strictly prohibited. You are also advised that Sun Sight Games will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
13. Availability
Sun Sight Games will use commercially reasonable efforts to cause the Services, except for Pre-Releases (such as Early Access, Alpha, Betas, or Trials) to be continually accessible to you, except for scheduled maintenance and required repairs, and except for any interruption due to any Force Majeure Event. IN THE EVENT OF ANY INTERRUPTION IN OR INABILITY TO ACCESS THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY (AND OUR SOLE AND EXCLUSIVE LIABILITY THEREFOR) SHALL BE FOR SUN SIGHT GAMES TO USE COMMERCIALLY REASONABLE EFFORTS TO RESUME ACCESS TO THE SERVICES AS PROMPTLY AS PRACTICABLE, AND SUN SIGHTGAMES AND ITS PROVIDERS SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY MONEY DAMAGES RESULTING FROM ANY SUCH CLAIMS. In no event will we have any responsibility for your inability to access a Service due to issues arising from the hardware, systems, environment or networks of you or third parties (including any cellular provider).
14. Automatic Software Updates
Sun Sight Games may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product, Software or Services (“Updates”). Unless you have expressly turned off such Updates using any functionality provided by the Services, Updates may be automatically installed without providing any additional notice or receiving any additional consent from you. You acknowledge that you may be required to install certain Updates in order to continue to use the Services following a change to the Services. Updates are subject to these Terms together with any additional terms that may be provided with such Update. If you do not want Updates, your remedy is to terminate the Services and/or stop using an applicable App or Product.
15. Push Notifications
You acknowledge that the Services may use push notifications to send alerts regarding certain actions or other conditions. SUN SIGHT GAMES AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE TRANSMISSION OF, OR ERRORS OR FAILURES IN TRANSMISSION OF, ANY PUSH NOTIFICATION OR ALERT, INCLUDING ANY LIABILITY FOR ANY UNWANTED, MISSED OR IGNORED PUSH NOTIFICATIONS OR ALERTS.
16. Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms will not limit your legal rights and remedies under that legislation. These Terms will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and that legislation, the mandatory provisions of the legislation will apply.
17. Disclaimer of Warranties
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUN SIGHT GAMES PROVIDES THE SERVICES (INCLUDING SERVICE CONTENT) ON AN “AS-IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUN SIGHT GAMES AND ITS PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SUN SIGHT GAMES AND ITS PROVIDERS DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES OR SERVICE CONTENT. SUN SIGHT GAMES AND ITS PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF FIRST ACCESS TO THE SERVICES. This warranty gives you specific legal rights, and you may also have other rights depending on jurisdiction.
18. Limitation of Liability
Nothing in these Terms including this section shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUN SIGHT GAMES AND OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES ALONG WITH ITS PROVIDERS WILL NOT BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA, LOSS OF REVENUE, BUSINESS INTERRUPTION, ACTIONS, CLAIMS, LIABILITIES, EXPENSES (INCLUDING LEGAL FEES), LOST BUSINESS OR LOST OR ANTICIPATED PROFITS, ARISING FROM OR RELATING TO THE SERVICES (INCLUDING SERVICE CONTENT OR PRODUCTS) OR THE INABILITY TO USE THE SERVICES, EVEN IF THEY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF SUN SIGHT GAMES AND ITS PROVIDERS ARISING FROM OR RELATED TO THE SERVICES WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU, IF ANY, FOR THE SERVICES (INCLUDING ANY RELATED PRODUCT) IN THE 12 MONTHS PRIOR TO THE TIME YOUR CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER RIGHTS, SO THE FOREGOING PROVISIONS OF THESE TERMS MAY NOT APPLY TO YOU. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
19. Indemnity and Covenant Not To Sue
To the maximum extent permitted by law, you agree to indemnify, defend and hold Sun Sight Games and our directors, officers, agents, employees, subsidiaries, and affiliates and Providers harmless from, and you covenant not to sue them for, any claims relating to:
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your breach of these Terms or of your obligations under these Terms;
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your Account;
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your User Content;
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your use of, misuse of, or reliance on the Services or Service Content or any related Sun Sight Games Product;
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violation of any applicable law or regulation or of any rights of another person or entity by you or your User Content; or
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any liability disclaimed in these Terms.
You agree to hold Sun Sight Games and our directors, officers, agents, employees, subsidiaries, and affiliates and Providers harmless from any actions, claims, losses, damages, liabilities and expenses including fines and costs (including reasonable attorney’s fees) incurred by them or their affiliates, employees, or representatives in connection with the above claims. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without the indemnified party’s consent. We reserve the right, at our expense, to assume the defense and control of any matter subject to indemnification by you.
20. Applicable Law
The Services are operated and administered from within Canada. If you access the Services from a location outside of Canada, you are responsible for compliance with all applicable export and local laws. To the fullest extent permitted by law, these Terms, and any claim, dispute, action, cause of action, issue, or request for relief relating to these Terms, the Services or Product, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location. You will only use the Services in jurisdictions where the Services may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Website. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
21. Waiver
Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
22. Term and Termination
These Terms shall be effective as of the first date that you receive access to the Services and shall continue for so long as you use any of the Services. Subject to any subscription term for a Service for which you have paid, you agree that Sun Sight Games, in its sole discretion, may terminate your access to or use of this Services at any time, and for any reason, including, but not limited to, if Sun Sight Games believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any such termination may be made by Sun Sight Games without prior notice to you. Subject to any subscription term for a Service to which you have previously agreed, you may terminate these Terms at any time by giving us written notice. Either you or us may terminate these Terms if the other party breaches any provision of these Terms with immediate effect. Upon expiration or termination of these Terms, the rights and license granted hereunder shall immediately cease, and you will immediately cease use of the Services, including any Software. Your access to User Content via the Services will also terminate as of any such termination. We reserve the right in our discretion to delete any User Content after termination of these Terms. You agree that Sun Sight Games will not be liable to you, or any third party, for any termination of access to the Services or to any information held by Sun Sight Games. The provisions of Sections entitled “User Content and Feedback,” “Service Content and Proprietary Rights,” “Disclaimer of Warranties,” “Limitation of Liability,” Indemnity and Covenant Not to Sue,” “Dispute Resolution” and “Severability” and any other provisions contained herein which by their nature or effect are required or intended to be observed after termination of these Terms (including perpetual licenses granted) will survive the termination and remain binding.
Severability
If at any time any of the provisions set forth in these Terms are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms. All other provisions will not be affected by the removal and the rest of these Terms will still be considered valid.
24. Changes
We reserve the right to change these Terms at any time by providing notice to you, including via posting online, email or through the Services, and your use of a Service after any change signifies your acceptance of the changed terms. If you do not agree to the new terms, please stop using the Services. Please check these Terms periodically for changes. We reserve the right to modify, enhance, remove or terminate any part of the Services at any time, in our discretion, without prior notice.
25. Export Compliance
Although the Services and Software may be accessible worldwide, our Products and Services are not designed for use in all countries, and some or all of the features of the Service may not work or be appropriate for use in a particular country. The Services and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You represent that you are not named on any U.S. government list of persons or entities prohibited from receiving exports, and agree to comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. You will not permit anyone to access or use the Services in violation of any U.S. export law, embargo, prohibition or restriction.
26. Electronic Communications
When you use the Services, or send us e-mails, you are communicating with us electronically, and you consent to receive communications from us electronically. We may communicate with you by e-mail or by transmitting notices via the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
27. Privacy Policy
Please see our Privacy Policy for information regarding the collection and use of personal information in connection with the Services.
Despite any representations concerning privacy, Sun Sight Games reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or portions of the Services may include additional or different terms relating to the use of personal information collected from such areas or Services.
28. Confidentiality And Security
While Sun Sight Games uses commercially reasonable physical, electronic, and administrative safeguards to protect from unauthorized or inappropriate access any personal information that is included in User Content, we cannot guarantee its absolute security due to transmission errors, outside events, third party hacking or other causes, and we will not be liable therefor. Please see our Privacy Policy for details.
29. Entire Agreement
These Terms, including any applicable Service Terms, our Privacy Policy, and other materials incorporated herein, represent the entire agreement and understanding relating to the use of the Services and prevail over any prior or contemporaneous, conflicting or additional communications. The English version of these Terms shall govern over any translation. You acknowledge and agree that each of Sun Sight Games’ Providers shall be considered a third party beneficiary of these Terms and shall have the right to enforce these Terms directly against you in connection with any dispute or breach. Sun Sight Games and its Providers shall not be responsible for delays or failures in performance resulting from acts or circumstances beyond their control, including without limitation acts of God, strikes or other labor disputes, riots, acts of war, malfunction of portions of the Internet or another third party network, governmental regulations promulgated after the effective date of these Terms, communication line, power or equipment failures, fires or other disasters, and acts of third parties, including hackers (each a “Force Majeure Event”).
30. Contact Details
Please contact us if you have any questions or concerns at
legal@sunsightgames.com
Last Updated: October 29, 2023