15 June 2023
These are the terms of use (“Terms of Use”) upon which SmartGames Limited, a private limited company (“SmartGames”, “we”, “us”, “our”) permit general use of the website www.smartgamesltd.com (“Website”) and our mobile applications (each a “SmartGames App”). These Terms of Use apply to anyone who visits the Website and/or downloads a SmartGames App.
You can contact us by email at support@smartgamesltd.com. If we must contact you, we will only do so using the electronic contact information you provide to us when creating or updating your User Account or when contacting us. You agree that we may communicate with you by means of electronic communications regarding these Terms of Use and any other matter relating to your use of the Services and/or your purchase, redemption and use of a subscription gift code or other code you acquire or receive. Please be aware that email and other methods of transmitting information over the internet are subject to interference or scrutiny by third parties; we cannot ensure security and privacy of such communications, so please be mindful that you bear any risks resulting from such electronic communications.
1. You can only enter into these Terms of Use if you have reached the age of majority or legal age in your jurisdiction and if you can form legally binding contracts under applicable law. By using the Website and/or downloading a SmartGames App, you confirm that you have reached the age of majority in your jurisdiction, and you otherwise have the legal capacity to enter into and agree to these Terms of Use. Children’s use of the Website and/or a SmartGames App must be under the supervision of an adult.
2. You will be subject to these Terms of Use if you (a) download a SmartGames App; (b) make any in-app purchase to access digital content (“Digital Content”) in a SmartGames App; (c) purchase a subscription to access and use the Digital Content associated with a SmartGames App; and/or (c) redeem a subscription [gift] code or other code to access Digital Content. Sometimes other terms and conditions will be relevant to our legal relationship with you, and these will be published on our Services.
3. If you make any in-app purchases on a SmartGames App, you will be required to agree to the terms provided by your app channel provider (for example, the terms provided by Apple’s App Store, Google Play, Amazon Appstore, or such other app store as we may authorize). SmartGames is not a party to your contracts with your app channel partner. You do not require a User Account to make an in-app purchase on a SmartGames App.
1. Any personal data that we receive through your use of the Website, and any personal data we receive relating to your use or your family’s or students’ use of a SmartGames App, is processed in accordance with our Privacy Notice (www.smartgamesltd.com/privacy).
2. If you make any in-app purchases on a SmartGames App, the privacy notices of your app channel provider will also apply in respect of the personal data it controls and processes.
1. The Website and a SmartGames App contain a variety of content and information in various forms including without limitation:
(i) videos, images, icons, photos, graphics, music, sounds, text, data, communications, illustrations, documents and other material and services that users can view on, access through, or contribute to;
(ii) trademarks, logos, trade names, service marks and trade identities;
(iii) applications, software, scripts, programs, copyright and other intellectual property; and
(iv) other materials and services (collectively “SmartGames Content”). Without limiting the foregoing, any Digital Content you subscribe for or otherwise access is and/or contains SmartGames Content.
2. As a user of the Website you may be able to view and navigate the Website, activate subscription gift codes and other access codes for Digital Content, create a User Account, subscribe to marketing material and use other Website features; and as a user of a SmartGames App you may be able to download, view and navigate a SmartGames App, request to make in-app purchases, review and interact with content (including Digital Content, SmartGames Content and Licensed Elements) and use other app features (collectively the “Services”).
3. All right, title, and interest in and to the SmartGames Content is the property of SmartGames, our licensors and/or certain other third parties, and is protected by copyright, database rights, sui generis rights, trademark, trade dress, passing off and unfair competition rights, patent and other intellectual property rights and laws to the fullest extent possible. SmartGames owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the SmartGames Content on the Services. You are only permitted to use the SmartGames Content as expressly authorized by us and only through the functionality of the Services.
4. Subject to your strict compliance with these Terms of Use and any applicable additional terms that may be applicable in respect of the Services (or any part(s) thereof), we grant you a limited, personal, non-exclusive, revocable, non-assignable, non-transferable and non-sublicensable license to
(i) access, download, display, view, use and/or play the SmartGames Content (excluding source and object code, other than as made available to access and use to enable display and functionality) solely through the Services on a personal computer, mobile phone, tablet or other wireless device, or other internet enabled device; and
(ii) to use certain SmartGames Content that we may from time to time make available on the Services solely and explicitly for you for use as part of your User Submissions (“Licensed Elements”), but solely for use within the functionality of the Services and only for such purposes as may be explicitly stated at the time that the Licensed Elements are made available on the Services. We and our licensors and certain other third parties, as the case may be, retain ownership of such SmartGames Content and Licensed Elements. The foregoing limited license
(i) does not give you any ownership of, or any other intellectual property right or interest in, any SmartGames Content or Licensed Elements;
(ii) may be immediately suspended or terminated for any reason, in SmartGames’ sole discretion and without advance notice or liability;
(iii) does not permit you to use any SmartGames Content or Licensed Elements outside the functionality of the Services (e.g. if the Services permit you to create a video using SmartGames Content on the Services, you are prohibited from posting that video on YouTube, Douyin, Bilibili or any other video service and may only use that video within the Services).
5. These Terms of Use and any applicable additional terms include only narrow, limited grants of rights to the SmartGames Content and Licensed Elements within the functionality of the Services and to use and access the Services solely as permitted herein. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom or otherwise. All rights not expressly granted to you are reserved by SmartGames and its licensors and other third parties. Any unauthorized use of any SmartGames Content, the Licensed Elements and/or the Services for any purpose is prohibited.
6. Except as expressly set out in these Terms of Use, you agree that you will not and will not permit any other person or entity to:
o Copy any of the Services, SmartGames Content and/or Licensed Elements except where such copying is incidental to normal use or where it is necessary for the purpose of back-up or operational security;
o Market, share, distribute, offer for sale or sell copies of the Services, SmartGames Content and/or Licensed Elements in any way contrary or inconsistent with the rights granted and restrictions under these Terms of Use;
o Rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any of the Services, SmartGames Content and/or Licensed Elements;
o Conceal, change or remove any markings which show who owns the Services, SmartGames Content and/or Licensed Elements, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings;
o Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, SmartGames Content and/or Licensed Elements or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
o Infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Services, SmartGames Content and/or Licensed Elements; or
o Make alterations to, or modifications of, the whole or any part of the Services and/or SmartGames Content, or permit the Services, SmartGames Content and/or Licensed Elements or any part of them to be combined with, or become incorporated in, any other programs.
1. As a user of the Services, you may be able to view and navigate the Website, activate subscription gift codes and other access codes for Digital Content, create a User Account, subscribe to marketing material and use other Website features; and as a user of a SmartGames App you may be able to download, view and navigate a SmartGames App, request to make in-app purchases, review and interact with content (including Digital Content, SmartGames Content and Licensed Elements) and use other app features.
2. You are required to comply with all applicable local laws when you access the Services.
3. You are responsible for making all arrangements necessary for you to have access to the Services, including internet access. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and that they comply with them in full.
1. To redeem subscription gift codes and other codes for Digital Content, you may be required to create and maintain a valid user account through the Website (“User Account”). You agree to provide us with true and accurate information and to update it as necessary to keep it accurate. Today a User Account may be created and managed through the Website or any SmartGames App. You can delete your User Account by using the settings in your account.
2. All User Accounts are personal agreements between the user and SmartGames and as such are non-transferable. You must not use your account for or in connection with the impersonation of any person. If you provide us with false information, we reserve the right to suspend or terminate your account and your access to the Website, SmartGames Apps, Digital Content and/or SmartGames Content.
3. You must treat your username and password you choose as confidential, and you must not share them with anyone else. If you think that someone else might be using your account, you must let us know immediately by contacting our support team at support@smartgamesltd.com. You should also immediately change your password. You must not use anyone else’s account to access the Website, any SmartGames App, Digital Content and/or SmartGames Content. We may suspend or terminate access to your account if you break any of these rules and/or the other rules contained in these Terms of Use.
We permit you to use the Services only for personal and non-commercial purposes. Use of the Services in any other way, including any unacceptable use set out in these Terms of Use, is prohibited. Except as expressly set out in these Terms of Use, you agree that you will not and will not permit another person or entity to publish, post, upload, transmit, distribute, disseminate, or otherwise make available through the Services:
1. Any pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
2. Material that is harmful, malicious, abusive, defamatory, libelous, obscene, infringing, invasive of privacy, hateful, offensive, objectionable, or otherwise inappropriate as determined by us in our sole discretion;
3. Material or User Submissions (defined below) or information that infringes any copyright, trademark, patent, design, trade secret or other intellectual property rights, privacy, publicity, or other rights of others;
4. Files that contain any malicious code, including without limitation viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data or that may in any way damage or interfere with the operation of the Services, other users’ access to the Services and/or other users’ computers or devices;
5. Defame, abuse, harass, stalk, threaten, bully, or otherwise violate the legal rights of others;
6. Violate any applicable laws or regulations or promote or encourage any illegal activity;
7. Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a SmartGames representative;
8. Gain or attempt to gain unauthorized access to the Services, to other users’ account or profile information, or to computer systems and/or networks connected to the Services;
9. Make false reports through the Services or to our support team;
10. Engage in fraud and/or fraudulent transactions;
11. Simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information;
12. Establish more than one account to use the Services;
13. Use the Services for any form of wagering or gambling;
14. Manipulate any identifiers to disguise the origin of a message;
15. Facilitate or encourage any violations of these Terms of Use (or any part thereof); or
16. Use the Services in any manner which could damage, disable, interrupt, overburden, impair or compromise the Services, the Website, a SmartGames App, our systems, or security or interfere with other users or any other party’s computer systems or hack or gain unauthorized access to the Services, the Website, a SmartGames App, Digital Content and/or SmartGames Content or data.
1. The Website or SmartGames App may now or in the future, according to the collection and use of information practices outlined in our Privacy Notice (where relevant), offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast or otherwise make available on or submit through the Services certain user-generated text, information, data, audio files, videos, graphics, photographs or other content, including and/or incorporating SmartGames Content with user-generated content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions solely within the Services. User Submissions may be published by SmartGames and viewed by other users of the Services. You understand and acknowledge that SmartGames does not guarantee any confidentiality with respect to any User Submissions. If SmartGames provides the ability for you to submit User Submissions to the Services, you represent, warrant, and confirm that you are the owner of any intellectual property rights in any such User Submissions that you submit, or have sufficient rights to submit the User Submissions to the Services without infringing any third-party intellectual property rights or other rights. If the Services permits you to use SmartGames Content, Licensed Elements on the Services, you will not own that content, but have the limited license to use the SmartGames Content and Licensed Elements in accordance with these Terms of Use. You will not be able to distribute, post, use or otherwise exploit User Submissions that incorporate SmartGames Content, Licensed Elements outside of the Services (e.g., you can’t post your User Submission on services like YouTube, Vimeo, Douyin, Bilibili, etc.). Except to the extent the Services permits you to use SmartGames Content within a User Submission, SmartGames does not claim any ownership rights in any User Submission that you may submit or offer through the Services. However, to the extent you submit any User Submission, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, assignable, sub-licensable, non-exclusive right, and license to SmartGames to:
o Use, reproduce, distribute, remove, and analyze any of your User Submissions as SmartGames may deem necessary or desirable for any purpose in connection with the operation of the Services;
o Copy, modify, and reproduce your User Submissions for marketing, promotional and/or other purposes in connection with SmartGames or the Services in any media; and
o Use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available your User Submissions to any other user in connection with any feature of the Services, and delete any or all of your User Submissions from the Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and enable the Services or users of the Services to share or post your User Submissions on third party sites, such as, without limitation, on social networking sites.
2. We are not obliged to monitor or moderate any User Submissions. Where we do monitor or moderate User Submissions, we shall indicate how this is performed and who should be contacted in relation to any User Submission of concern to you. We may remove or edit any User Submission whether they are moderated or not.
3. To the extent that you submit, via the Services or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Services, you agree that such Ideas are not confidential, and SmartGames shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant SmartGames, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Services, or any SmartGames product or service, without compensation or accounting to you and without further recourse by you.
1. While we try to ensure that the Services is accurate, up-to-date, and free from bugs, we cannot promise that it will be. Also, we cannot promise that the Services will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website, or any SmartGames App is at your own risk. This is without prejudice to any rights you may have under applicable mandatory laws.
2. The Website is provided for your general information purposes only and to inform you about us and our products and news, features, services, and other websites that may be of interest. It does not constitute technical, educational, social, financial, or legal advice or any other type of advice and should not be relied on for any purposes.
3. While we try to make sure that the Services is available for your use, we do not promise that the Services is always available, nor do we promise the uninterrupted use by you of the Services.
4. We may change, upgrade, suspend or discontinue the Website and/or one or more parts and/or features of the Services at any time as we see fit without liability.
1. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us in advance.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights.
3. We only supply the Services for domestic and private use. If you use the Services for any commercial, business, classroom, or resale purpose: (i) SmartGames will have no liability to you for any loss of profit or anticipated profit, loss of business, business interruption, loss of business opportunity, revenues or any indirect or consequential loss or damage; and (ii) SmartGames’ total aggregate liability under, arising out of or in connection with these Terms of Use in contract or tort (including negligence) or otherwise, shall in no circumstances exceed US$10.00 or its equivalent in your local currency.
The Services may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
1. Any failure to comply with any of these Terms of Use or any misrepresentation of any information furnished to us by you or anyone acting on your behalf may result in the immediate suspension or termination of your User Account and access to the Services without notice or liability to you. This is without prejudice to any other rights or remedies we may have under these Terms of Use or under applicable law.
2. Termination of our contract will not affect provisions of the contract that are said to operate or have effect after termination and will not affect any existing rights or obligations or any rights or obligations which are intended to commence on or continue after termination of the contract.
1. Transferring rights. We may transfer or assign our rights and obligations under these Terms of Use to another organization. You may not transfer your rights or your obligations under these Terms of Use to another person.
2. Variation. No variation of these Terms of Use that you purport will be effective unless we agree to it in writing.
3. Severability. Each of the sections of these Terms of Use operate separately. If any court or relevant authority decides that any of them or part(s) of them are unlawful, the remaining sections and parts will remain in full force and effect.
4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of you breaching these Terms of Use, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
5. Rights and remedies. The rights and remedies provided under the Terms of Use are in addition to, and not exclusive of, any rights or remedies provided by applicable law.
6. Disputes: We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any matter regarding our relationship with you, please contact our customer support team. You and SmartGames agree that any cause of action arising out of or related to the Website or a SmartGames App, provided both parties consent in writing, shall be heard under the arbitration laws in the country of the user, provided that the hearing commences within three (3) months after the date the cause of action arose, and disputes are between the user and SmartGames ONLY; otherwise, such cause of action is permanently barred.
7. Governing law: SmartGames Limited is incorporated in and governed by the laws of Hong Kong SAR. Nothing in this section limits or excludes any mandatory consumer protections applicable in the country of your residence to which we are obliged to adhere.
We may make changes to these Terms of Use from time to time and may do so for a variety of reasons including without limitation to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of these Terms of Use will be posted on the Website, on the SmartGames Apps and in the app store associated with your app channel provider. You should regularly check for the most recent version. If you continue to use the Services after the changes become effective, you will be considered to have accepted those changes. If you do not agree to these changes, you must end your relationship with us by stopping your use of the Services.
By using the Services through the following app channel providers, you agree to the following additional terms, where applicable: Apple AppStore:https://www.apple.com/legal/internet-services/itunes/en/terms.html Google Play: https://play.google.com/intl/en_us/about/play-terms/index.html Amazon Appstore: https://www.amazon.com/gp/help/customer/display.html?nodeId=201485660&_encoding=UTF8&ref_=mas_help_legacy_legal_doc_page Huawei: https://www.amazon.com/gp/help/customer/display.html?nodeId=201485660&_encoding=UTF8&ref_=mas_help_legacy_legal_doc_page