INTELLECTUAL PROPERTY RIGHTS
In the event of any concerns or complaints about possible violation of intellectual property rights, please send us an email at firstname.lastname@example.org , identifying with specificity the rights alleged to be violated and the accused product(s).
（This email address is just for intellectual property rights and legal issues. Other requests may not get response.）
Terms and Conditions ("T&C")
As a precondition for using the Services, you must agree to these T&C. If you accept these T&C, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these T&C, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these T&C.
By using or otherwise accessing the Services, you agree to these T&C. If you do not agree to these T&C, you may not use or otherwise access the Services.
Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.
If you access the Services from a social networking site ("SNS"), such as Facebook, you agree to comply with its Terms and Conditions as well as these T&C.
1. Right to Use the Services
Subject to these T&C, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these T&C.
Except as previously set forth, you do not receive any other license. We retain all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Our prior written consent. We reserve all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from us or third parties.
2. Purchases in the Services
We may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
We may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither we nor any other person or entity has any obligation to exchange Virtual Items for anything of value. We are not liable for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
By law, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
Accordingly, you agree that we are not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these T&C was voluntary or involuntary.
3. Code of Conduct
You agree that you will not, under any circumstances:
· Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
· Use the Services in violation of any applicable law or regulation.
· Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
· Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
· Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
· Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
· Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by us, 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, encryption, or software that is part of the Services.
· Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
· Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
· Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including our employees, directors, officers, and customer service representatives.
· Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, an our employee, director or officer.
· Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by us, or to obtain any information from the Services using any method not expressly permitted by us.
· Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
· Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
· Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
· Engage in any act that we deem to conflict with the spirit or intent of the Services or make improper use of Our support services.
4. Third-Party Services
Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which we are not a party.
5. Accounts and Login Information
Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. We may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.
We reserve the right to delete your Account if we observe no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
6. User Contributions
The Services may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively “User Contributions”).
In exchange for use of the Services, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to our and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to us, and the foregoing waiver of any applicable moral rights, survives any termination of these T&C.
We, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to us or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by us without compensation to you or any third party and you grant us a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
7. Communications between Users of the Services
We assume no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. We may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.
We reserve the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time we choose, at its sole discretion, to monitor the Services, We nonetheless assume no responsibility for content made available by users of the Services, and we assume no obligation to modify or remove any inappropriate content.
8. Suspension and Termination for your Breach
Without limiting any other remedies available to us, if we believe that you are in breach of these T&C, we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.
9. Availability of the Services
We may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if we believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these T&C.
We reserve the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, we do not have to provide refunds for Virtual Items or other items in connection with such discontinued Services.
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. We do not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. We do not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by us, its employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these T&C shall infringe upon the statutory rights that you may have as a consumer of the Services.
11. Limitations of Liability
In no way will we be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these T&C or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not we have been advised of the possibility of such damages. For purposes of Article 11 “Limitations of Liability,” Our licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these T&C against you.
Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these T&C will infringe upon any statutory rights you may have as a consumer of the Services.
12. INTELLECTUAL PROPERTY RIGHTS
In the event of any concerns or complaints about possible violation of intellectual property rights, please send us an email at Legal@whosebilling.com, identifying with specificity the rights alleged to be violated and the accused product(s).
13. Links to Third-party Products and Services
14. Changes to these T&C
Notwithstanding Article 8 “Binding arbitration / Class Waiver,” we may update these T&C from time to time in response to changing legal, technical or business developments. When we update these T&C, we will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes we make.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated T&C.
15. Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.
16. Assignment, Severability and Entire Agreement
If any provision of these T&C is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these T&C will remain in full force and effect. Our failure to enforce any right or provision of these T&C will not be deemed a waiver of such right or provision.
If you have any questions about these T&C, please contact at email@example.com.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.
QANDIES LIMITED (qandies.com)
617, Crown House North Circular Road, London, England, NW10 7PN.
Our refund system is consistent with Google Store.
We take your privacy seriously and this privacy statement explains how https://s3-eu-west-1.amazonaws.com/www.om-games.com/privacypolicy/onemenagames/index.html (collectively, “we,” “us,” or “our”) collect, use, share and process your information.
Collection and Use of Personal Data
Personal data is information that can be used to directly or indirectly identify you. Personal data also includes anonymous data that is linked to information that can be used to directly or indirectly identify you. Personal data does not include data that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you.
Promoting safety and security
We abide by the principles of legality, legitimacy, and transparency, use, and process the least data within a limited scope of purpose, and take technical and administrative measures to protect the security of the data. We use personal data to help verify accounts and user activity, as well as to promote safety and security, such as by monitoring fraud and investigating suspicious or potentially illegal activity or violations of our terms or policies. Such processing is based on our legitimate interest in helping ensure the safety of our products and services.
Here is a description of the types of personal data we may collect and how we may use it:
What Personal Data We Collect
ⅰ. Data you provide:
We collect the personal data you provide when you use our products and services or otherwise interact with us, such as when you create an account, contact us, participate in an online survey, use our online help or online chat tool. If you make a purchase, we collect personal data in connection with the purchase. This data includes your payment data, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping, and contact details.
ⅱ. Data about use of our services and products:
When you visit our websites, we may collect data about the type of device you use, your device's unique identifier, the IP address of your device, your operating system, the type of Internet browser that you use, usage information, diagnostic information, and location information from or about the computers, phones, or other devices on which you install or access our products or services. Where available, our services may use GPS, your IP address, and other technologies to determine a device's approximate location to allow us to improve our products and services.
How We Use Your Personal Data
Generally speaking, we use personal data to provide, improve, and develop our products and services, to communicate with you, to offer you targeted advertisements and services, and to protect us and our customers.
ⅰ. Providing, improving, and developing our products and services:
We use personal data to help us provide, improve, and develop our products, services, and advertising. This includes using personal data for purposes such as data analysis, research, and audits. Such processing is based on our legitimate interest in offering you products and services and for business continuity. If you enter a contest, or other promotion, we may use the personal data you provide to administer those programs. Some of these activities have additional rules, which may contain further data about how we use personal data, so we encourage you to read those rules carefully before participating.
ⅱ. Communicating with you:
Subject to your prior express consent, we may use personal data to send you marketing communications in relation to our own products and services, communicate with you about your account or transactions, and inform you about our policies and terms. If you no longer wish to receive email communications for marketing purposes, please contact us to opt-out. We also may use your data to process and respond to your requests when you contact us. Subject to your prior express consent, we may share your personal data with third party partners who may send you marketing communications in relation to their products and services. Subject to your prior express consent, we may use personal data to personalize your experience with our products and services and on third-party websites and applications and to determine the effectiveness of our promotional campaigns.
NOTE: For any of the uses of your data described above that require your prior express consent, note that you may withdraw your consent by contacting us.
Definition of "Cookies"
Cookies are small pieces of text used to store information on web browsers. Cookies are widely used to store and receive identifiers and other information on computers, phones, and other devices. We also use other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, for similar purposes. In this Cookie Statement, we refer to all of these technologies as "cookies."
Disclosure of Personal Data
We make certain personal data available to strategic partners that work with us to provide our products and services or help us market to customers. Personal data will only be shared by us with these companies in order to provide or improve our products, services, and advertising; it will not be shared with third parties for their own marketing purposes without your prior express consent.
Data Disclosure or Storage, Transfer, and Processing
ⅰ. Fulfilment of legal obligations:
Due to the mandatory laws of the European Economic Area or the country in which the user lives, certain legal acts exist or have occurred and certain legal obligations need to be fulfilled. Treatment of personal data of EEA residents ---As described below, if you reside within the European Economic Area (EEA), our processing of your personal data will be legitimized: Whenever we require your consent for the processing of your personal data such processing will be justified pursuant to Article 6(1) of the General Data Protection Regulation (EU) ("GDPR").
ⅱ. For the purpose of reasonable implementation or application of this article:
We may share personal data with all our-affiliated companies. In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-off, transfer, or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings, we may transfer any and all personal data to the relevant third party. We may also disclose personal data if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.
ⅲ. Legal Compliance and Security or Protect Other Rights
It may be necessary—by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence—for us to disclose personal data. We may also disclose personal data if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
Our products and services are intended for adults. Accordingly, we do not knowingly collect, use, or disclose data from children under 16. If we learn that we have collected the personal data of a child under 16, or the equivalent minimum age depending on the jurisdiction, we will take steps to delete the data as soon as possible. Please immediately contact us if you become aware that a child under 16 has provided us with personal data.
We take reasonable steps to ensure that your personal data is accurate, complete, and up to date. You have the right to access, correct, or delete the personal data that we collect. You are also entitled to restrict or object, at any time, to the further processing of your personal data. You have the right to receive your personal data in a structured and standard format. You may lodge a complaint with the competent data protection authority regarding the processing of your personal data. To protect the privacy and the security of your personal data, we may request data from you to enable us to confirm your identity and right to access such data, as well as to search for and provide you with the personal data we maintain. There are instances where applicable laws or regulatory requirements allow or require us to refuse to provide or delete some or all of the personal data that we maintain. You may contact us to exercise your rights. We will respond to your request in a reasonable timeframe, and in any event in less than 30 days.
Third-Party Websites and Services
Data Security, Integrity, and Retention
We use reasonable technical, administrative, and physical security measures designed to safeguard and help prevent unauthorized access to your data, and to correctly use the data we collect. We will retain your personal data for as long as it is necessary to fulfill the purposes outlined in this Privacy Statement, unless a longer retention period is required or permitted by law.
Changes to this Privacy Statement
We may periodically change this Privacy Statement to keep pace with new technologies, industry practices, and regulatory requirements, among other reasons. Your continued use of our products and services after the effective date of the Privacy Statement means that you accept the revised Privacy Statement. If you do not agree to the revised contact us Privacy Statement, please refrain from using our products or services and contact us to close any account you may have created.
Effects of Termination, Suspension of Account
Upon termination of your Account for any reason by you or us, you will lose all access to such account. Terminated Accounts cannot be reinstated; any Account that may be registered by you after termination of a Account is a unique account. If your Account is terminated for any reason by you or us, you understand and agree that any virtual Items to which you had access via your Account at the time of termination will be lost and no longer be available to you, and you will have no right to them. If your Account is terminated for any reason by you or us, you understand and agree that may redeem and use the virtual Currency in the Account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that virtual Currency. In addition, if there is no activity in your Account for 3 years(Inactive Account), you understand and agree that () may redeem and use the virtual Currency in the Inactive Account at such time for any purpose that it may and that on the account becoming an Inactive Account you will have no night to that Virtual Currency; and ()any Virtual Items to which you had access via the Inactive Account up to the account becoming an Inactive Account will be lost and no longer be to you, and you will have no right to them. YOU AGREE THAT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN INACTIVE ACCOUNT OR THAT WAS INA TERMINATED ACCOUNT, NO MAT TER HOW EITHER CAME ABOUT After any termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. It will not be liable to you or any third party for termination of our Services or termination of your use of our Services. UPON ANY TERMINATION OF YOUR ACCOUNT, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, it will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to us under these Terms(including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation
you have any questions regarding this Privacy Statement or its implementation,
here is how you can reach us: