1. About these Terms of Service
- 1.1 Please read these Terms of Service (also "Terms") carefully before downloading, accessing and/or using any app,
game, website or other service (the "Service") developed and/or operated by Tossagame (also "us", "we", or "our").
- 1.2 These Terms represent a legal agreement between you (also the “User”) and TOSSAGAME S.R.L.S.,
an Italian company with registered office address at Via Pietro Micca, 8 - 13900 - Biella,
Italy (company VAT number IT 02645200029).
- 1.3 Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all users downloading, accessing and/or using the Service.
These Terms also apply to any other services that we may provide in relation to our apps and games,
such as customer support, social media, community channels and Websites.
Tossagame official Website (the “Website”). You may also access these Terms via the app store or
platform that you download our apps and games from (such as the Apple App Store, Google Play Store,
Amazon App Store or Windows Phone Store), although app stores and platforms may provide their own Terms
that apply to your relationship with them.
- 1.6 We reserve the right to modify or replace these Terms at any time, at our sole discretion,
and your continued use of our Service after the Terms have been updated shall confirm your acceptance of the updated Terms.
- 1.7 You agree that you are an adult of legal age in the country where you reside and access our Service.
If you are younger, you can only download, access and use our Service if your parent(s)
or legal guardian have/has reviewed these Terms of Service and allowed you to download,
access and use our Service subject to these Terms of Service.
- 1.8 You agree that you are accessing our Service as a private person.
Any commercial use of our Service is not allowed.
2. About downloading, accessing and using our Service
- 2.1 You can access our Service upon download to your device and/or access to our Website. Information about gameplay and features can be found in the apps and games descriptions on the app stores and distribution platforms, in support sections inside our apps and games themselves and on our Website.
- 2.2 Some of our apps and games are free to play, but you may purchase virtual items inside them (e.g. virtual coins, gold, points or other consumable items) to speed up gameplay and/or unlock additional content. These items ("Virtual goods") are purchased by spending real money. Means of payment may vary depending on the app store or platform you make your purchase on. Virtual goods cannot be exchanged into real money nor refunded. You agree that you do not own Virtual goods, but acquire a limited license to use Virtual goods according to the specific Service.
- 2.3 You agree that downloading and/or accessing our Service requires an Internet connection that you are responsible for and for which your Internet service provider may charge you.
- 2.4 We do not guarantee that our Service will be available or error-free at all times or at any given time. There may be times when our Service is not available for technical or maintenance reasons, whether on a scheduled or unscheduled basis. Downtimes may also be caused by technical problems beyond our control.
- 2.5 We are not liable or responsible for any failure to perform, or delay in performance, of our Service that is caused by events outside our reasonable control.
- 2.6 We may add new or remove existing features and content in the effort to improve our Service but we are under no obligation to continue providing either support or updates for versions of an app or game that are not up-to-date.
- 2.7 We may automatically update apps and games, also on the User’s mobile device, if the device’s settings allow for it, in order to ensure the security of the system or the stability and compatibility of the Service, but only in due consideration of the User’s interests.
- 2.8 We do not guarantee that any of our apps and games will be available at all times or at any given time or that we will continue to offer them for any particular length of time. We may change and update our Service without notice to you. We make no warranty or representation regarding the availability of our Service and reserve the right to modify or discontinue the Service in our sole discretion without notice, including for example, ceasing the Service for economic or technical reasons.
- 2.9 When using our Service you may choose to, and in some instances be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your login details and keep them secret.
- 2.10 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Service and we accept no responsibility for any losses or harm resulting from its unauthorized use.
- 2.11 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 360 or more days. In such event, you may no longer be able to access and/or use any Virtual goods associated with that account and no refund will be offered to you in relation to the same.
- 2.12 You agree that, if you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our apps and games, the level or score you have reached and any Virtual goods associated with your account).
- 2.13 Your account is personal to you and you are not entitled to transfer your account to any other person.
3. Playing our Games with other users
- 3.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
- 3.1.1 choose to play against another user or to play socially with another user whom Tossagame selects for you, or
- 3.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with.
- Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
- 3.2 Where Tossagame selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
- 3.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must already know your email address themselves in order to search for you.
- 4.1 You acknowledge that all copyright, trademarks and other intellectual property rights in and relating to our Service (other than Content which is contributed and owned by Users) is owned by or licensed to us.
- 4.2 Whilst you are in compliance with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Service (but not any related object and source code) for your own personal private use. You agree not to use our Service for anything else. These Terms also apply to any update which we may release or make available for any of our apps and games and any such update shall be deemed part of the Service for the purposes of these Terms.
- 4.3 You agree that, other than the license granted to you by these Terms, you shall have no ownership or property interest in our Service, including without limitation accounts and Virtual goods. You must not copy, distribute, make available to the public or create any derivative work from our Service or any part of our Service unless we have first agreed to this in writing.
- 4.4 In particular, and without limiting the application of section 4.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Service, including providing access to any Virtual goods, whether on a free of charge basis or otherwise.
- 5.1 You must comply with the laws that apply to you in the location that you access our Service from. If any laws applicable to you restrict or prohibit you from using our Service, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Service.
- 5.2 You represent that all the information you provide to us on accessing and/or using our Service is and shall remain true, accurate and complete at all times.
- 5.3 You shall download and access our Service only for your personal use and according to these Terms, any app store and platforms Terms and any applicable law.
- 5.4 You shall only download and use our apps and games and/or acquire Virtual goods from the app stores and platforms that we make our apps and games available on, and only use our apps and games on devices and platforms that we provide them for.
6. User-generated Content
- 6.1 Our apps and games may occasionally allow you to communicate with other Users and/or post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). When you interact with other users or make Content available via our Service, you shall not:
- 6.1.1 post or use any communication or Content that breaches applicable law including third-party rights (e.g. rights in intellectual property, confidentiality or privacy);
- 6.1.2 post or use any communication or Content that is abusive, unethical, racist, obscene, pornographic, discriminating, harmful to minors or glorifies violence, or is objectionable in any other way;
- 6.1.3 insult, threaten, provoke or harass others, including other Users and Tossagame’ employees and partners;
- 6.1.4 post or use any communication or content for commercial purposes;
- 6.1.5 link or refer to any source outside our Service.
- 6.2 As a simple provider of the technical means to communicate or make Content available, Tossagame is neither obliged nor able to monitor communication or Content made available by you or other Users via our apps and games and does not assume any liability to that extent. When making communication or Content available through our Service, you remain responsible for your communication and Content. You shall indemnify Tossagame against all and any claims that are brought against Tossagame as a result of your breach of section 6.2, unless not caused by your fault.
- 6.3 Tossagame reserves to remove any such communication or Content, if we have reasonable ground to believe them to infringe third-party rights or any other applicable law or section 6.1. If you believe communication or Content made available through our Service infringes your rights or is in breach of these Terms, please notify us at firstname.lastname@example.org.
- 6.4 By making communication or Content available through our Service, you grant Tossagame a permanent right to use your communication and Content for display inside our apps and/or games, to publish your communication and Content in all media and to adapt them for this purpose. You may withdraw from this grant of rights by giving appropriate notice to Tossagame at email@example.com.
- 6.5 If you are concerned that someone else is not complying with these Terms, please contact us at firstname.lastname@example.org.
7. Limitation of Liability
- 7.1 Nothing in these Terms of Service shall limit Tossagame’ liability where applicable law does not allow for such limitation. In particular, Tossagame’ liability shall not be limited for death or personal injury from Tossagame’ or any of our statutory representatives’ or agents’ negligence or malice, for any other kind of damages and loss from Tossagame’ or any of our statutory representatives’ or agents’ gross negligence or malice or fraud.
- 7.2 Without prejudice to section 7.1 and only where applicable law allows for such limitation, Tossagame shall only be liable for Tossagame’ or any of our statutory representatives’ or agents’ slight negligence, if this causes a breach of an essential obligation under this Agreement (obligations that need to be fulfilled in order to achieve the purpose of this Agreement and on whose fulfillment a User can usually rely upon). In this case, Tossagame’ liability shall be limited to predictable damages and losses that usually occur in these cases. Any further liability of Tossagame is excluded.
8. Duration and termination
- 8.1 This Agreement runs for an indefinite term.
- 8.2 The license granted under this Agreement is effective until terminated by User or Tossagame. The User rights under this Agreement will terminate automatically without notice from Tossagame if the User fails to comply with any term(s) of this Agreement or applicable Third Party Terms. Upon termination of the license, the User shall cease all use of the Product, and destroy all copies, full or partial, of the Product.
- 8.3 Tossagame reserves the right to terminate this Agreement without cause or immediate written notice. The User can terminate the Agreement with immediate effect by deleting the app, game from its device and/or deleting the account.
9. Transferring these Terms
- 9.1 We may transfer all or a part of our rights or obligations pursuant to this Agreement to a third party without your consent.
- 9.2 You may transfer any of your rights or obligations under this Agreement only with our prior written approval.
- 10.1 These terms set out the entire Agreement between you and Tossagane concerning our Service and they replace all earlier agreements and understandings between you and us.
- 10.2 If any provision of these Terms of Service is held to be invalid or unenforceable, validity and enforceability of the remaining provisions shall not be affected.
- 10.3 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
11. Jurisdiction and applicable law
- 11.1 This Agreement is governed by Italian law.
- 11.2 The laws of Italy shall govern the interpretation of these Terms and apply to claims for breach of it, without reference to conflict of laws principles. If there is a dispute between us regarding these Terms, then that dispute will be subject to the jurisdiction of the courts of Italy, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
- 11.3 All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident.