Terms of Service – Seriously
The Terms of Service (“Terms“) you are reading are a legally binding agreement that governs the relationship between Seriously, as defined below and yourself (“you“) and your use of Seriously’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 (where permissible) unless you opt-out within the specified time frame.
BY ACCESSING OR USING SERIOUSLY’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, EVEN THOUGH THE SERVICE MAY OFFER THE OPPORTUNITY TO PURCHASE CERTAIN VIRTUAL ITEMS.
In these Terms, “Seriously” refers to Seriously Holding Corp and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to Seriously as “we” or “us”.
For the avoidance of doubt, Seriously Digital Entertainment Oy, Arkadiankatu 6 A 7, 00100 Helsinki, Finland, owns and operates Best Fiends and Best Fiends Stars.
Seriously 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, or subscriptions, 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 “Seriously’s Terms”), at any time by posting the amended Seriously’s Terms on or within the Service, and you agree to be bound by such revisions or modifications. In addition, Seriously may terminate these Terms in its sole discretion at any time. Users are responsible for viewing Seriously’s Terms periodically. Your continued use of the Service after a change or modification of Seriously’s Terms has been made will constitute your acceptance of the revised Seriously’s Terms. If you do not agree to Seriously’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 Seriously’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 Seriously’s Terms.
You understand that the Service is evolving. You may be required to accept updates to the Service, and to Seriously’s games which you have installed on your computer, mobile device or any other device. You acknowledge that Seriously may perform these updates remotely and agree that Seriously 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 Seriously’s games.
Seriously may modify and adapt the Services and their scope of functions to maintain and improve the Services beyond what is necessary to maintain their contractual conformity (a “Modification”), if a valid reason requires such Modification, in particular (i) to comply with legal, regulatory or safety requirements, (ii) to adapt to technological developments such as a new technical environment or other operational reasons, in particular necessary enhancements of the safety of users or other third parties, (iii) to adapt to significant changes in market conditions or user behavior such as increased user numbers, (iv) due to changes in licenses we hold from third parties or other third party compliance requirements, or (v) for your benefit or to your advantage.
We also 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 Service; modify or remove any of the information contained in the Service; limit the Service’s availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Service; modify and/or waive any fees charged in connection with the Service; and/or offer opportunities to some and all users of the Services. If that happens, unless otherwise required by applicable law, Seriously is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for Virtual Items 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 Service, in whole or in part. Your continued use of the Service after such changes will indicate your acceptance of such changes in the Services and in Seriously’s Terms.
To access or play our games you must create an account with Seriously (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. The Service may have limited and varied compatibility across different devices, platforms and operating systems. You will have to verify compatibility requirements yourself and may need to update third party software from time to time to receive the Service and/or updates and play Seriously’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):
To the extent permissible under applicable law, we are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Seriously 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 Seriously’s Privacy Notice 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 and/or telephone number (either via voice call or SMS text) 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. Potential refunds for Virtual Items as described below remain unaffected.
Subject to your agreement and continuing compliance with the Seriously’s Terms, Seriously grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Service using a Seriously 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. Seriously’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 Seriously’s Terms, and, if you violate or if, at any point, you do not agree to any of Seriously’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.xslx, 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 Components 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 firstname.lastname@example.org
SERIOUSLY 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 SERIOUSLY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.
Without limiting any other remedies, Seriously 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), Seriously’s games, or Seriously’s intellectual property as determined by Seriously 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 Seriously for any damage that may result from the foregoing, and Seriously is under no obligation to compensate you for any such losses or results. If you have more than one Account, Seriously 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 SERIOUSLY GAME IS A VIOLATION OF POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
For all Seriously Services, you may not use the Service if you are under 13 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 Seriously. However, if you are between 13 and 18 years of age, in selected territories subject to Seriously’s sole discretion, you may use an adapted version of the Service, only if your parent(s) and/or legal guardian(s) review and agree to these Terms and permit you to access and/or use our Service. 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, Seriously 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 or revoked 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 Seriously 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 Seriously terminates your Account, you may not participate in any of the Service again without Seriously’s express permission. Seriously 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@example.com or submit a ticket via the applicable support channel of the game.
WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT firstname.lastname@example.org OR SUBMIT A TICKET VIA THE APPLICABLE SUPPORT CHANNEL OF THE GAME.
You agree that any content published by you through the Service is done so through the use of technology and tools provided by Seriously. 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 Seriously. You grant Seriously 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 Seriously 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 Seriously (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. Seriously 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 Seriously 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, reproducer, 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 Seriously promotions and competitions or any other content specifically solicited by Seriously) 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 Seriously 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:
You acknowledge that we are not responsible for any User Content posted in connection with 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.
Seriously 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 Seriously 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.
Seriously 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, Seriously 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 Seriously’s Terms, please contact us at email@example.com 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.
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. Seriously 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. Seriously 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. Seriously 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.
Seriously 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 Seriously, and these communications should not be considered reviewed or approved by Seriously. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Seriously be liable for any activity within the Communication Channels. You agree that Seriously 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. Seriously 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 firstname.lastname@example.org 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 Seriously, 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 Seriously games. Seriously 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.
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 do not have an equivalent “real world” money value and can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Seriously or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any Seriously game, whether “awarded” in a game or “purchased” from Seriously, or any other attributes associated with an Account or stored on the Service. Except for when you exercise your right to withdrawal, your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in Seriously’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 Seriously 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 Seriously’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. Seriously retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and Seriously 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, Seriously 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. Seriously 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. Seriously 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 Seriously games is a service provided by Seriously 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 only in accordance with our payment policy.
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. 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 Seriously 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 seriously.com, 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 Seriously’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.
If your Country of Residence is in the European Economic Area, you may have the right to withdraw from this contract on the Service as well as the purchase of Virtual Items within 14 days from the day of the conclusion of the contract or purchase without giving any reason. Please note that you will not have a right to withdraw if you have given consent that we begin to perform the Service or provide the Virtual Item during the withdrawal period and have acknowledged that you thereby lose your right of withdrawal. To exercise your right of withdrawal from the Service you need to inform us and stop using the Service. To exercise your right of withdrawal from the purchase of a Virtual Item you need to inform the merchant of record. Merchant of record may be us or an authorized partner through which you made your purchase e.g. on a mobile platform or social network. To exercise the right of withdrawal you must communicate your decision by an unequivocal statement (e.g. via our support channels) before the expiry of the withdrawal period. You may use the below model language but you are not required to do so:
– I hereby give notice that I withdraw from the contract concluded by me for the performance of the following service/purchase of the following goods: …..
– Ordered on/received on: …..
– Name of consumer: …..
– Address of consumer: …..
– Date: …..
If you withdraw from the contract, you are entitled to be reimbursed for the purchase not later than 14 days from the day on which the merchant of record is informed about the withdrawal. The reimbursement will be carried out using the same means of payment as you used for the initial transaction unless you have agreed otherwise; in any event you will not incur any fees as a result of such reimbursement.
You represent and warrant that you have full right and authority to use the Service and to be bound by Seriously’s Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and Seriously’s Terms.
You undertake that you shall not defraud, or attempt to defraud, Seriously or other users, and that you shall not act in bad faith in your use of the Service. If Seriously determines that you do act in bad faith in violation of Seriously’s Terms, or if Seriously determines that your actions fall outside of reasonable community standards, Seriously 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:
Seriously 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 Seriously, 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 Seriously.
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 Seriously’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 SERIOUSLY GAME, IS A BREACH OF SERIOUSLY POLICYAND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Seriously 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 Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Seriously Digital Entertainment Oy, c/o Playtika Ltd.
8 HaChoshlim St. Herzliya 4672408, Israel
Attn: Legal Department
By email: email@example.com
Seriously’s policy is 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. Seriously reserves the right to terminate without notice any user’s access to the Service if that user is determined by Seriously, in its sole discretion, to be a ““repeat infringer”. We do not have to notify the player before we do this. In addition, Seriously accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials as long as the Seriously CISO approves that such technical measures don’t produce any cyber security threat.
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 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 Seriously 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 provided and published by Seriously for and in association with any specific Offer.
You hereby agree and acknowledge that the acceptance of any Offer or participation in any promotion, constitutes your consent to Seriously’s use of your name, likeness, photograph, voice, opinions, hometown, state and/or province for Seriously’s purposes, at its sole discretion in any media, worldwide, without further payment or consideration.
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. Seriously 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 Seriously 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 Service, 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.
Use of the Service is also governed by Seriously’s Privacy Notice, which is incorporated herein by reference https://www.seriously.com/privacynotice/. We encourage you to read the Seriously 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 consent to the collection, use and storage of your information as outlined in Seriously’s Privacy Notice. If you don’t agree with our Terms or Privacy Notice, then you must stop using the Service.
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 under applicable law, Seriously, its affiliates or subsidiaries, or any of their 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. Seriously 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 Seriously’s secure servers and/or any and all personal information and/or financial information stored therein;
(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; (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 Service; (viii) Quality, accuracy, completeness and validity of any information or materials in connection with the Service; or
(ix) The Service will meet your requirements or that transmissions or data will be secure.
In case of a malfunction or disruption of the Service that prevents you from completing a game in which you have begun to participate, Seriously may allow users to participate again in a game until the participation is complete. Seriously reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. Seriously also reserves the right to limit your game play or terminate your participation in the Service should Seriously determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. Seriously 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, Seriously may in its sole discretion, adjust the amount of credits or coins due to such error or malfunction.
By accessing or using the Service, you agree that Seriously is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service. Any attempt to gain unauthorized access to the Service, interfere with procedures or performance of the Service, or deliberately damage or undermine the Service 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 Service by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Service, 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 Seriously, 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 Service; or (ii) for the conduct of third parties, including other users of the Service and operators of external sites.
The risk of using the Service and external sites rests entirely with you as does the risk of injury from the Service and external sites. The disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause or action whatsoever of any jurisdiction, whether based on warranty, breach of contract, tort (including negligence), or any other legal theory, and whether or not Seriously has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Seriously shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party, including other users of the Service and operators of external sites and that the risk of harm or damage from the foregoing rests entirely with you.
To the fullest extent permissible under applicable laws, under no circumstances will Seriously, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees be liable to you for more than the amount you have paid Seriously in the ninety days (90) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid Seriously any amounts in the ninety days (90) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with Seriously is to stop using the Service and to cancel your account.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this Section may not apply to you. In particular, 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 Seriously. In such jurisdictions, our 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 Seriously, and each of its affiliates and 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 Seriously’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.
Seriously reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Seriously, and you agree to cooperate with Seriously’s defense of these claims. Seriously 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.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE, WHERE PERMITTED BY LAW, IT REQUIRES YOU AND SERIOUSLY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND SERIOUSLY CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to these Terms, you and Seriously agree that any and all past, present and future disputes, claims or causes of action between you and Seriously arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Seriously or any of Seriously’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 Seriously 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.
If your Country of Residence is in the European Economic Area, no provision in this Section 15 shall exclude or restrict any of your statutory rights you may have as a consumer.
(a) Governing Law.
(a.1) If your Country of Residence is the United States, these Terms, your use of the Service and our entire relationship, will be interpreted in accordance with and governed by the laws of the Country of Finland without regard to conflicts 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, your use of the Service and our entire relationship, including the arbitration agreement contained in this Section 15, will be interpreted in accordance with and governed by the laws of the Country of Finland without regard to conflict- or choice-of-law principles.
(b) Informal Dispute Resolution. Seriously wants to address your concerns without needing a formal legal case. Before filing a claim against Seriously, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. Similarly, Seriously 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 Seriously may initiate an arbitration proceeding as described below.
(c) We Both Agree To Arbitrate. By agreeing to these Terms, to the extent legally permissible to do so in your Country of Residence, you and Seriously 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@example.com 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 Seriously 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 Seriously 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 Seriously further agree that the arbitration will be held in Los Angeles, California, 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 Seriously agree that the Arbitration Institute of the Finland Chamber of Commerce (FAI) 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 Finnish Arbitration Act, 967/1992, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Seriously further agree that the arbitration will be held in English and in Helsinki, Finland , or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The FAI 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 Seriously agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Seriously 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 Seriously 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 SERIOUSLY 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 OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. 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 THIS SUBSECTION (G) (Class Action and Collective Arbitration Waiver) IS 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 Seriously’s agreement to arbitrate Disputes, either you or Seriously 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 Seriously’s agreement to arbitrate Disputes, either you or Seriously also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. If your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered by the European Commission https://ec.europa.eu/consumers/odr/ . Please note that Seriously shall not be required to use this or any other alternative dispute resolution platform.
(h.2) If your Country of Residence is not the United States, the United Kingdom or in the European Economic Area, notwithstanding your and Seriously’s agreement to arbitrate Disputes, either you or Seriously may also assert claims, if they qualify, through the Small Claims Court (or local equivalent court) in Helsinki, Finland, 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 Seriously agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Helsinki, Finland. Both you and Seriously 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 Seriously cannot be held liable if laws applicable to you restrict or prohibit your participation. Seriously 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 Seriously have authority to make any such representations or warranties. Seriously 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.
Seriously’s Terms constitute the entire agreement between you and Seriously 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 Seriously from modifying Seriously’s Terms.
You and Seriously agree that if any portion of the Seriously’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 Seriously’s Terms, which shall continue to be in full force and effect.
Seriously may assign or delegate Seriously’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 Seriously’s Terms without Seriously’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
The failure of Seriously to require or enforce strict performance by you of any provision of Seriously’s Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Seriously’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Seriously of any provision, condition, or requirement of Seriously’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 Seriously 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 Seriously.
You acknowledge that the rights granted and obligations made under Seriously’s Terms to Seriously are of a unique and irreplaceable nature, the loss of which shall irreparably harm Seriously and which cannot be replaced by monetary damages alone. Accordingly, Seriously 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 Seriously 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.
Seriously shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Seriously, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Seriously’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 www.seriously.com, 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 Seriously’s Terms shall be in writing and addressed to: Seriously Digital Entertainment Oy, c/o Playtika Ltd., Attn: Legal Department, 8 HaChoshlim St., Herzliya 4672408, Israel. Any notices that you provide without compliance with this Section on Notices shall have no legal effect. If you have any questions regarding Seriously’s Terms, you may contact us to the following address: firstname.lastname@example.org or submit a ticket via the applicable support channel of the game.
Effective as of October 20, 2022