These terms of service (“TOS”) apply to you and AppGeneration Software Technologies, Lda. ("AppGeneration”), address Av. Boavista nº848, Porto-Portugal, regarding your use of AppGeneration´s games, websites and related services ("Services"). Use of the Services is also governed by AppGeneration´s Privacy Notice available at https://games-api.appgeneration.com/game/solitaire/en/privacy-policy, which is incorporated by reference.
As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.
By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.
Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.
If you access the Services from a social networking site ("SNS"), such as Facebook, you agree to comply with its terms of service as well as these TOS.
Subject to these TOS, AppGeneration hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as previously set forth, you do not receive any other license. AppGeneration retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without AppGeneration’s prior written consent. AppGeneration reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from AppGeneration or third parties.
AppGeneration may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
AppGeneration may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither AppGeneration nor any other person or entity has any obligation to exchange Virtual Items for anything of value. AppGeneration is not liable for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
By law, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
Accordingly, you agree that AppGeneration is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary.
If you ask for your personal data to be deleted as described in AppGeneration’s Privacy Notice, you will permanently forfeit all of your Virtual Items without the right to refund, as AppGeneration will no longer be able associate such Virtual Items with you.
You agree that you will not, under any circumstances:
Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which AppGeneration is not a party.
Without limiting any other remedies available to AppGeneration, if AppGeneration believes that you are in breach of these TOS, AppGeneration reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.
AppGeneration may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if AppGeneration believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these TOS.
AppGeneration reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, AppGeneration does not have to provide refunds for Virtual Items or other items in connection with such discontinued Services.
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. AppGeneration does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. AppGeneration does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by AppGeneration, its employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.
In no way will AppGeneration be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not AppGeneration has been advised of the possibility of such damages. For purposes of Article 8 “Limitations of Liability,” AppGeneration’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
In no way will AppGeneration´s total aggregate liability arising out of or in connection with these TOS, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items; or (ii) one hundred euros (€100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between AppGeneration and you.
Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.
You agree to indemnify, defend and hold AppGeneration (and AppGeneration´s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
If you believe the Services or any of its content infringes your copyrights, please send a notice to: AppGeneration Software Technologies, Lda., Av. Boavista, nº848, 4100-112 Porto-Portugal or alternatively via email to: info@appgeneration.com. Notices sent to the specified address will reach AppGeneration´s registered DMCA agent.
Please include all of the following in your DMCA notice:
Include the following statement in the body of the DMCA notice:
“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”
Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by us or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to AppGeneration.
AppGeneration may link to third-party websites or services from the Services. You understand that AppGeneration makes no promises regarding any content, goods or services provided by such third parties and, you understand AppGeneration does not endorse them. AppGeneration is also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to these third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand AppGeneration´s Privacy Notice does not apply in relation to such data.
AppGeneration may update these TOS from time to time in response to changing legal, technical or business developments. When AppGeneration updates these TOS, AppGeneration will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes AppGeneration makes.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
You agree that all disputes between you and AppGeneration shall be governed by the laws of Portugal, regardless of conflict of law provisions. You agree that any claim or dispute you may file against AppGeneration must be resolved exclusively by a court located in Porto, Portugal.
If the jurisdiction of your domicile prohibits AppGeneration from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
AppGeneration may assign these TOS, 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 these TOS or the Privacy Notice without AppGeneration’s prior written consent, and any unauthorized assignment and delegation by you is void.
If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. AppGeneration’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
This TOS and Privacy Notice set out the entire agreement between you and AppGeneration regarding the Services and supersede all earlier agreements and understandings between you and AppGeneration.
Any failure by AppGeneration to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of AppGeneration.
If you have any questions about these TOS, please contact info@appgeneration.com.
Effective May 19th, 2020.