Terms of Service – Supertreat GmbH
The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between Supertreat, as defined below and yourself ("you") and your use of Supertreat’s products and social games for the web, mobile or any other applicable platforms and/or devices (the “Service” or “Services”).
Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame.
BY ACCESSING OR USING SUPERTREAT’S SERVICE AND ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
In these Terms, “Supertreat” refers to Supertreat GmbH. and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to Supertreat as "we" or "us".
1. CHANGES TO THE TERMS OR THE SERVICE
Supertreat reserves the right, in its sole discretion, to revise or modify these Terms, our Privacy Notice including any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions and/or loyalty programs, such as the Promotion Official Rules and Infractions Terms, that we may publish which apply to your use of those specific services and state they are part of these Terms (“Additional Terms”) (the Terms, Privacy Notice and Additional Terms collectively shall be referred to herein as “Supertreat's Terms”), at any time by posting the amended Supertreat's Terms on or within the Service, and you agree to be bound by such revisions or modifications.
In addition, Supertreat may terminate these Terms in its sole discretion at any time. Users are responsible for viewing the Supertreat's Terms periodically. Your continued use of the Service after a change or modification of the Supertreat's Terms has been made will constitute your acceptance of the revised Supertreat's Terms. If you do not agree to Supertreat's Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you use our Service, you must follow all Supertreat's Terms that may apply. If you access the Service from a social network or download the Service from another platform or applications stores, such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google, you must also comply with its terms of service/use as well as the Supertreat's Terms.
You understand that the Service is evolving. You may be required to accept updates to the Service, and to Supertreat's games which you have installed on your computer, mobile device or any other device. You acknowledge that Supertreat may perform these updates remotely and agree that Supertreat may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Supertreat's games.
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or any particular game or part of the Service; terminate or suspend your license to use the Service or any part of it; modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some and all users of the Services. If that happens, Supertreat is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for virtual goods previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in the Supertreat's Terms.
2. ACCOUNT INFORMATION
To access or play our games you must create an account with Supertreat (an “Account”). You may access the Service via the website, your account in a social network, like Facebook, or, if you are using our mobile Service, an account with the company that provides your mobile applications, such as an Apple account. You may need to update third party software from time to time to receive the Service and/or updates and play Supertreat's games. During the process of creating an Account to access the Service, you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”).
The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
- You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Supertreat will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;
- In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Supertreat and modify your Login Information if appropriate;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you and ensure that you "log off" or exit from your Account (if applicable) at the end of each session;
- You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.
- You undertake to monitor your Account to restrict use by those not meeting our Age Guidelines, and you will deny access to persons as set forth in our Age Guidelines. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example PayPal) by minors.
- You shall not have more than one Account per platform or social network, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself.
- You shall not have an Account or use the Service if you have previously been removed by Supertreat or previously been banned from playing any Supertreat game.
- You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services by 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 region of Ukraine), 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 Supertreat’s sole discretion due to local legislation requirements or any other reason upon its sole discretion, or 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. or Israeli governments, or by the jurisdictions in which the Services were obtained.
- You must provide the equipment (computer, mobile device, tablet, etc.) necessary to connect to the Service. You are responsible to pay any fees, including Internet connection or mobile fees, or for data or cellular usage to download and use the Service.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Supertreat reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party's rights.
You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile picture.
Any personal information you provide to us when creating or updating your Account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with Supertreat's Privacy Notice (as further detailed below), Additional Terms and any applicable laws. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.
By providing contact information to us, you agree that we may send you promotional or marketing messages to the e-mail address You provided. For more information about marketing communications, including how to opt-out, please see the Opting Out of Promotional Communications section of our Privacy Notice.
You may stop using the Service at any time and may request that we stop making active use of your data at any time by following the instructions in the Privacy Notice. Unless the applicable law where you are located requires otherwise, we are not required to provide refunds, benefits or other compensation if you request deletion of your Account.
Subject to your agreement and continuing compliance with the Supertreat's Terms, Supertreat grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Service using a Supertreat supported web browser or mobile device. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. The Supertreat's Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. You hereby acknowledge that your license to use the Service is limited by the Supertreat's Terms, and, if you violate or if, at any point, you do not agree to any of the Supertreat's Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service.
Open Source and other Third-Party Components. Our Service may include software components owned by or licensed from third-parties (“Third Party Components”), including open source software (“Open Source Components”). If any Open Source Components or other Third Party Components are indicated on our website at: https://www.playtika.com/documents/Accreditation-Page.xlsx, to be subject to the terms of a third party software license (a “Third Party License”), including any open source software license (“Open Source License”), then the terms of that Open Source License or other Third Party License will apply to such Open Source Component or other Third Party Component independent of the terms of these Terms. All other Third Party Components are subject to the terms of these Terms and may be used only under the terms of these Terms. Nothing in these Terms is intended to limit any rights under, or to grant rights or impose restrictions that supersede, the terms of any Open Source License or other Third Party License applicable to any Open Source Component or other Third Party Component. If required by an applicable Open Source License, you may obtain a copy of the Open Source Component subject to that Open Source License by submitting a request to us at: [email protected].
4. ACCOUNT TERMINATION
SUPERTREAT MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICE AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND SUPERTREAT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.
Without limiting any other remedies, Supertreat may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Terms, of the terms of other application stores or platforms (such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google), illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), Supertreat's games, or Supertreat's intellectual property as determined by Supertreat in its sole discretion. You may lose your user name, password and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of Supertreat for any damage that may result from the foregoing, and Supertreat is under no obligation to compensate you for any such losses or results. If you have more than one Account, Supertreat may terminate all of your Accounts.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SUPERTREAT GAME IS A VIOLATION OF SUPERTREAT POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
You may not use the Service if you are under 18 years of age, in which case you must not create an account, access, use or download such games and/ or submit any personal information through the Service or to Supertreat. At our sole discretion, we may require proof that you meet this requirement for age (“Age Guidelines”) in connection with use of the Services. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (as defined below) acquired through your use of the Services.
In addition to the foregoing, Supertreat may selectively remove, revoke or modify Benefits associated with your Account. "Benefits" mean any benefits, privileges, items, licensed rights granted, earned, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.
You acknowledge that Supertreat is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or modifying Benefits associated with your Account. In the event that Supertreat terminates your Account, you may not participate in any of the Service again without Supertreat's express permission. Supertreat reserves the right to refuse to keep Accounts for and provide access to the Service or other services to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: [email protected] or submit a ticket via the applicable support channel of the game.
5. USER CONTENT
You agree that any content published by you through the Service is done so through the use of technology and tools provided by Supertreat. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that the publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Supertreat. You grant Supertreat the right to act as an agent on your behalf as the Service's operator.
Any communications, messages, posts, comments, chats, images, sounds, and all the material, data, text, graphics, photographs, videos, location information, or any other content, and their selection and arrangement, uploaded or transmitted through a Supertreat game, or any other Communication Channel (as defined below) of the Service by any user, including, but not limited to, your name, profile picture, voice, likeness, biographical information and game records ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Supertreat (as further detailed below). Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload, post or otherwise transmit via the Service. Supertreat shall not bear any responsibility for any of the abovementioned content and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
You hereby grant Supertreat and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use of the User Content you may submit. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). The license you grant us to use User Content (except any content you submit in response to Supertreat promotions and competitions or any other content specifically solicited by Supertreat) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Supertreat in accordance with its Privacy Notice. You also agree that the User Content shall not include any indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a Users' privacy.
Further, the User Content shall not include any of the following:
- Comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
- Comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
- Comments or other materials that harass or advocate the harassment of another person;
- Comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
- Comments or other materials that are false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous; or
- Comments or other materials that infringe any party's trademark, trade secret, copyright or other proprietary rights.
You acknowledge that we are not responsible for any User Content posted in connection any portion of the Service. We are merely providing access to the Service and User Content as a service to our users to be used in accordance with these Terms. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Service and in taking any actions based upon such User Content. Accordingly, you will bear all risks associated with any such User Content that you access or use.
Supertreat may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Supertreat will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
Supertreat reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever and we may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. You hereby agree that, to the maximum extent permitted by applicable law, Supertreat shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
If you are aware of any User Content posted in connection with the Services which violates the Supertreat's Terms, please contact us at [email protected] or submit a ticket via the applicable support channel of the game. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Notices". Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the application or remove specific User Content.
6. COMMUNICATION CHANNELS
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 users and post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics. Supertreat cannot guarantee that other members 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. Supertreat 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. Supertreat is under no obligation to monitor these communication channels but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion.
Supertreat 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 Supertreat, and these communications should not be considered reviewed or approved by Supertreat. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Supertreat be liable for any activity within the Communication Channels. You agree that Supertreat 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. Supertreat is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users, including without limitations, member's 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 [email protected] or submit a ticket via the applicable support channel of the game. 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 Supertreat, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access and disclosure.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Supertreat games. Supertreat reserves 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 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.
In order to encourage users to succeed in our game, we may publish data relating to the most successful users in the game 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.
7. GAME CURRENCIES AND GOODS
There is never any requirement to make any purchase of any kind to use the Service. The Service may include an opportunity to earn or purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses and/or chips all for use in the Service ("Coins") or virtual in-game items or collections (together with the Coins, “Virtual Items”). A certain number of Coins will be made available to you to collect when you log into the Service at recurring time intervals. If you exhaust your supply of Coins, you may elect to purchase additional Coins and continue to play the games through the Service, or you may wait until additional free Coins are available to you. Coins 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 greater detail below.
If you wish to purchase Coins or other Virtual Items, you will be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Supertreat or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any Supertreat game, whether “awarded” in a game or “purchased” from Supertreat, or any other attributes associated with an Account or stored on the Service. Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in Supertreat's sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside the Service, or attempt to sell, give or trade in the "real world" anything that appears or originates in the Service unless otherwise expressly authorized by Supertreat in writing. We won't recognize those transfers as legitimate.
Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Supertreat's written permission. Doing so is a violation of these Terms and may result in termination of your Account and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicense able license to use the Virtual Items with the Service, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. Supertreat retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and Supertreat shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, Supertreat may selectively remove or revoke Virtual Items associated with your Account upon its sole discretion.
Virtual Items may only be held by legal residents of countries where access to and use of the Service are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. Supertreat does not recognize any purchases or transfers made outside of the Service on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the game. We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason or revise the pricing for the Virtual Items at any time. You can get a limited license to Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms.
Virtual Items purchased in our games on other applications stores or platforms such as but not limited to Facebook, Apple iOS, or Android will be subject to those platforms' payment terms and conditions. Supertreat does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms' terms of service for additional information. Your order for Virtual Items will represent an offer to us to obtain a limited license for the relevant service(s) or virtual in-game item(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card or other account through which you paid, whichever comes first. Your limited license to Virtual Items for use in Supertreat games is a service provided by Supertreat that starts when we accept your payment or redemption of third party virtual currency. When you get a limited license to use Virtual Items, they will reside in your Account until discharged through use of the Service or otherwise surrendered as a result of termination of the Service in accordance with these Terms.
When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an Account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final. If your Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance with payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance with payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance with our payment policy and applicable law.
Other than charges to your Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, unless applicable law provides a longer period. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
You acknowledge that Supertreat is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused virtual items when an Account is closed, whether such closure was voluntary or involuntary, or whether you made a payment through Supertreat.net, applications stores or another platform such as but not limited to Apple, Google, Facebook, or any other sites or platforms where we offer our Service. All Virtual Items are forfeited by You if your Account is terminated or suspended for any reason, in Supertreat's sole and absolute discretion, or if the Service is no longer available. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your Account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
8. RULES OF CONDUCT AND USAGE
You represent and warrant that you have full right and authority to use the Service and to be bound by the Supertreat's Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Supertreat's Terms, including without limitation, the Infractions Terms located at: http://www.playtika.com/infraction-terms.
You undertake that you shall not defraud, or attempt to defraud, Supertreat or other users, and that you shall not act in bad faith in your use of the Service. If Supertreat determines that you do act in bad faith in violation of the Supertreat's Terms, or if Supertreat determines that your actions fall outside of reasonable community standards, Supertreat may, at its sole discretion, terminate your Account and prohibit you from using the Service.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules and Infractions Terms. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
- Create an Account or access the Service if you do not meet the Age Guidelines;
- Upload, post, transmit or otherwise disseminate material or information that is vulgar, violent, indecent, obscene, pornographic, sexual contains nudity, excessive violence or that is, in a reasonable Users' view, otherwise offensive or objectionable subject matter or that contains a link to such content;
- Libel, ridicule, defame, mock, disparage, stalk, intimidate, threaten, harass, harm, advocate, incite harassment, or abuse another person, group, Supertreat's employees, including Supertreat's customer service representatives, hatefully, racially, religiously, ethnically or in any other manner;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Advertise, solicit or transmit any commercial advertisements or unauthorized communications through the Service, including chain letters, junk e-mail or repetitive messages (spim or spam) and any materials that promote malware, spyware and downloadable items to anyone;
- Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Create false personas, multiple identities, multiple user accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate the Supertreat's Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
- Attempt to obtain or reveal passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, financial information or any information that may be sued to track, contact or impersonate another individual, including without limitation, other users and Supertreat's employees;
- Upload or transmit (or attempt to upload or to transmit), without Supertreat's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");
- Improperly use support channels to make false reports to Supertreat or using profane and abusive language in your communications with our support personnel;
- Use the Service in order to design, assist, develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, hacks, mods or any other unauthorized third party software designed to allow the user to cheat or obtain an unintended advantage while using the Service or modify or interfere with the Service or any Supertreat game experience, including, without limitation, enabling unauthorized activity related to Users' balances;
- Exploit, distribute or publicly inform other members of any game error, miscue, bug or technical malfunction which gives an unintended advantage, including but not limited to accessing one-time promotions more than once;
- Deal with Virtual Items in a manner that violates these Terms, including transferring Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Rent, lease, sell, trade, gift, bequeath or otherwise transfer or share your Account to anyone without Supertreat's written permission;
- Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Supertreat's written permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Use the Service, intentionally or unintentionally, in connection with any violation of any applicable laws or regulations, or encourage or promote the violation of any applicable law or regulation or any illegal activity including, but not limited to, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
- Attempt to use the Service on or through any service that is not authorized by Supertreat. Any such use is at your own risk and may subject you to additional or different terms. Supertreat takes no responsibility for your use of the Service through any service that is not authorized by it;
- Collect, harvest, post or communicate any Users' real-world personal information or private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service;
- Interfere with the ability of others to enjoy using the Service or any Supertreat game, including disrupt, overburden, assist or aid in the disruption or overburdening of any computer or server used to offer or support the Service or any Supertreat game environment, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users;
- Engage in any act that Supertreat deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating the Supertreat's Terms, our game rules, game mechanics or policies;
- Without Supertreat's express written consent, modify or cause to be modified any files, codes, or any other component which is part of the Service;
- Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Supertreat, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
- Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
- Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
- Use any unauthorized third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Supertreat game characters, elements, or environment. Supertreat may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures we employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (ii) any connection using programs, tools, or software not expressly approved by Supertreat;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Supertreat;
- Copy, modify or distribute rights or content from any Supertreat site or game, or Supertreat's copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms;
- Solicit or attempt to solicit personal information from other users of the Service;
- Use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service and User Content; or
- Use any automatic machine to operate Supertreat Client Software or use any other Supertreat software, other than the Supertreat Client Software.
- Use the Supertreat Server API with any software other than the Supertreat Client Software.
- Any use of the Service in violation of these Rules of Conduct and Usage is strictly prohibited, may result in the immediate revocation of your limited license granted hereunder and termination of your Account in Supertreat's sole discretion; and may subject you to any criminal and financial liability for violation of criminal and civil laws.
9. INTELLECTUAL PROPERTY (IP) OWNERSHIP
Supertreat retains all rights in the Service materials (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, any correspondence with Supertreat, character profile information, personalized avatar, recordings of games played and other files, and their selection and arrangement) (collectively, “Service Materials”) and any patents, trademarks, designs, trade dress, brands, service marks and any other Intellectual property rights whether registered or not (“IPR”) used in relation to or with the Service and are owned or licensed by Supertreat.
You may only use the Service Materials and IPR in connection with your use of the Services for personal, noncommercial, entertainment purposes only. The Service Materials or IPR may not be used, including any derivative use, by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein.
You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
If you breach these Terms, or any of our other terms that apply to you, we may take legal action against you, including but not limited to any legal remedies and/or terminating your account. In addition, you may be breaking the law, including breaches or violations of Supertreat's intellectual property rights.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SUPERTREAT GAME, IS A BREACH OF SUPERTREAT POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Supertreat responds to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent applicable local laws, respects the intellectual property of others, and we ask our users to do the same.
If you are the owner of a copyright and you believe that your work has been copied in the Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located in the Services (examples: game or feature or level);
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Teinfalstrasse 4/9, Vienna 1010, Austria
Attn: Yulia Gur
By email: [email protected]
Supertreat's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local laws that may apply. Supertreat reserves the right to terminate without notice any user's access to the Service if that user is determined by Supertreat, in its sole discretion, to be a "“repeat infringer”. We do not have to notify the player before we do this. In addition, Supertreat accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials as long as the Playtika CISO on behalf of Supertreat approves that such technical measures don't produce any cyber security threat.
11. PROMOTIONS, CONTESTS, SWEEPSTAKES AND OFFERS
From time to time, we may offer limited time promotions, contests, sweepstakes and special offers (“Promotion”). Please review the official rules associated with such promotions located at http://www.playtika.com/promotion-official-rules and any other Terms and Conditions that apply to such Promotion. They will apply in addition to these Terms.
In addition, from time to time, we may promote features, programs, including offers, excursions, and special gifts, both digital and tactile, that Supertreat may offer from time to time to all or to certain eligible players (“Offers”). We are not required to give, and players are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept an Offer you also assume all liability associated with the Offer. Sometimes, we may request your feedback on certain features through a promotion or our customer insights program. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. All Offers are governed by the official rules located at http://www.playtika.com/promotion-official-rules, unless different official rules were provided and published by Supertreat for any specific Offer.
12. THIRD PARTY WEBSITES AND ADVERTISING
You understand that the Service and Supertreat games may feature advertisements from Supertreat or third parties. Supertreat's disclosure of information for third party advertising is addressed in Supertreat's Privacy Notice, as set forth below. Supertreat may provide links in our games or on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving some feature of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility.
Supertreat makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service or games, 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 Supertreat and may collect data or solicit personal information from you, or they may automatically collect information from you.
When you use other companies' services like these, the other company's service may (or may not) ask you for permission to access your information and content. Supertreat is not responsible for their content, business practices or privacy policies, or for the collection, use, share or disclosure of any information those sites may collect from you. Your relationship with that other company will control how it can use, store, and share your information. Further, the inclusion of any link does not imply endorsement by Supertreat of these linked sites. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Services, you acknowledge and agree that we have not reviewed all the web sites linked to the Service. Your linking to any other off-site pages or other sites is at your own risk.
13. PRIVACY NOTICE
Use of the Service is also governed by Supertreat's Privacy Notice, which is incorporated herein by reference. We encourage you to read the Supertreat Privacy Notice carefully and use it to make informed decisions. By creating an Account or accessing or using the Service you accept and agree to be bound by these Terms, and understand collection, use and storage of your information as outlined in Supertreat's Privacy Notice. If you don't agree with our Terms, Privacy Notice or any other terms then you must stop using the Service.
14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
By accessing, using or downloading the Service you acknowledge and agree that your use of the Service, in whole and in part (including, without limitation, all content, and user materials), shall be at your sole risk and is provided on an "as is" basis. To the fullest extent permitted by law, Supertreat, affiliates or subsidiaries, or any of their its officers, directors, employees, contractors, partners and agents disclaim all warranties, conditions or other terms of any kind, either explicit or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
Supertreat makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service or that the Service will be uninterrupted or error-free and assume no liability or responsibility for any:
(i) Errors, defects, mistakes, or inaccuracies of content;
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
(iii) Any unauthorized access to or use of Supertreat's secure servers and/or any and all personal information and/or financial information stored therein, not due to Supertreat’s negligence;
(iv) Any interruption or cessation of transmission to or from the Service;
(v) Any bugs, viruses, harmful components, trojan horses, or the like which may be transmitted to or through the Service by any third party;
(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service, without the prior knowledge of ; (vii) Human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Services;
(viii) Quality, accuracy, completeness and validity of any information or materials in connection with the Services; or
(ix) The Services will meet your requirements or that transmissions or data will be secure.
In case of a malfunction or disruption of the Services that prevents you from completing a game in which you have begun to participate, Supertreat may allow users to participate again in a game until the participation is complete. Supertreat reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. Supertreat also reserves the right to limit your game play or terminate your participation in the Services should Supertreat determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. Supertreat is not liable for any potential winnings or other lost opportunity from any unfinished game or a game malfunction or error of any kind. In the event of such error or malfunction, Supertreat may in its sole discretion, adjust the amount of credits or coins due to such error or malfunction. The games offered through the Services do not replicate the odds of winning or the payouts of similar games found in casinos.
By accessing or using the Services, you agree that Supertreat will only be responsible for damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services if Supertreat is found to be at fault. If there is no fault on Supertreat's part and Supertreat has used commercially reasonable efforts possible to protect the Systems from such attacks, Supertreat shall not be liable. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled.
In no event will Supertreat, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, be liable to you or any third party for: (i) any special, direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever or any other losses, costs, or expenses of any kind including any lost profits, loss data or goodwill, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the Service or other materials or content on, accessed through or downloaded from the Service, or browsing of the Services or through your downloading of any materials, data, text, images, video or audio from the Services; or (ii) for the conduct of third parties, including other users of the Service and operators of external sites.
Nothing in these Terms 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 Supertreat. However, Supertreat’s liability will be limited to the fullest extent permitted by applicable law.
To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold Supertreat, and each of its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:
(i) Your use or misuse of and access to the Service;
(ii) Your violation of any term of the Supertreat's Terms;
(iii) Your breach of the representations, warranties, and covenants made herein;
(iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(v) Any claim that a user submissions made by you has caused damage to a third party; or
(vi) Any User Content you post or share on or through the Service.
Supertreat reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Supertreat, and you agree to cooperate with Supertreat's defense of these claims. Supertreat will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph and Section 15 below will survive any termination of your Account(s) or of the Service.
15. DISPUTE RESOLUTION, GOVERNING LAWS AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SUPERTREAT TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND SUPERTREAT CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to these Terms, you and Supertreat agree that any and all past, present and future disputes, claims or causes of action between you and Supertreat arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Supertreat or any of Supertreat's licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is 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 Supertreat further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.
“Country of Residence” for purposes of this Section 15 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.
16. Governing Law.
(a.1) If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the State of Israel without regard to conflict- or choice-of-law principles. The agreement to arbitrate contained in this Section 15, its scope and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
(a.2) If your Country of Residence is not the United States, these Terms, including the arbitration agreement contained in this Section 15, will be interpreted in accordance with the laws of Austria without regard to conflict- or choice-of-law principles.
(b) Informal Dispute Resolution. Supertreat wants to address your concerns without needing a formal legal case. Before filing a claim against Supertreat, you agree to try to resolve the Dispute informally by contacting [email protected] Similarly, Supertreat will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or Supertreat may initiate an arbitration proceeding as described below.
(c) We Both Agree To Arbitrate. By agreeing to these Terms, you and Supertreat each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.
(d) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Supertreat will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
(e) Arbitration Procedures and Fees.
(e.1) If your Country of Residence is the United States, you and Supertreat agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Supertreat further agree that the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees.
(e.2) If your Country of Residence is not the United States, you and Supertreat agree that the Center of Arbitration and Dispute Resolution (www.israelcourts.co.il (“CADR”) will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Supertreat 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.
(f) Arbitration Shall Proceed Individually. Regardless of your County of Residence or the rules of a given arbitration forum, you and Supertreat agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Supertreat may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Supertreat will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
(g) Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR SUPERTREAT SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (G) OR (H) OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER party's ELECTION.
(h) Exceptions to Agreement to Arbitrate. Notwithstanding your and Supertreat’s agreement to arbitrate Disputes, either you or Supertreat may bring a lawsuit in a court of law 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 15 or to enforce any arbitral award issued hereunder. Additionally:
(h.1) If your Country of Residence is the United Kingdom or in the European Economic Area, notwithstanding your and Supertreat’s agreement to arbitrate Disputes, either you or Supertreat also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence.
(h.2) If your Country of Residence is not the United States, the United Kingdom or in the European Economic Area, notwithstanding your and Supertreat’s agreement to arbitrate Disputes, either you or Supertreat 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), then in a small claims court or the equivalent in your Country of Residence.
(i) Judicial Forum for Disputes. Except as otherwise required by applicable law or provided in this Section 15, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Supertreat agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel. Both you and Supertreat consent to venue and personal jurisdiction there.
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree Supertreat cannot be held liable if laws applicable to you restrict or prohibit your participation. Supertreat makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with Supertreat have authority to make any such representations or warranties. Supertreat reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.
The Supertreat's Terms constitute the entire agreement between you and Supertreat relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. Nothing in this subsection will prevent Supertreat from modifying the Supertreat's Terms.
You and Supertreat agree that if any portion of the Supertreat's Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Supertreat's Terms, which shall continue to be in full force and effect.
Supertreat may assign or delegate the Supertreat's Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Supertreat's Terms without Supertreat's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
The failure of Supertreat to require or enforce strict performance by you of any provision of the Supertreat's Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Supertreat's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Supertreat of any provision, condition, or requirement of the Supertreat's Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Supertreat shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Supertreat.
You acknowledge that the rights granted and obligations made under the Supertreat's Terms to Supertreat are of a unique and irreplaceable nature, the loss of which shall irreparably harm Supertreat and which cannot be replaced by monetary damages alone. Accordingly, Supertreat shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Supertreat game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section “Limitation of Liability” set forth above (if any).
The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance.
Supertreat shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Supertreat, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Supertreat's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
We may notify you via postings on Supertreat.net, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under the Supertreat's Terms shall be in writing and addressed to: Supertreat GmbH, Attn: Yulia Gur, Teinfalstrasse 4/9, Vienna 1010, Austria. Any notices that you provide without compliance with this Section on Notices shall have no legal effect. If you have any questions regarding the Supertreat's Terms, you may contact us to the following address: [email protected] or submit a ticket via the applicable support channel of the game.
Effective as of December 6, 2021