THE LEGAL AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERNS YOUR USE OF THE Daylight Studios GAMES AND SERVICE. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND IT.
1. Accepting the Terms
If you violate the Terms, Daylight Studios reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that Daylight Studios need not provide you notice before terminating or suspending your account(s), but it may do so. Daylight Studios reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that Daylight Studios may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with Daylight Studios. By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws. In some countries there exist legal and/or other restrictions on usage of the Services and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Services. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.
2. Intellectual Property/Ownership
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the Singapore copyright laws and/or similar laws of other jurisdictions. All intellectual property therein (whether registered or unregistered and anywhere in the world) are protected by intellectual property laws and other laws of Singapore, other countries and international treaties. Furthermore, nothing in the Agreement gives you a right to use any of Daylight Studios’ trade names, trademarks, service marks, logos or domain names unless you have our express written permission. You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Daylight Studios’ express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post. All other uses of copyrighted material, including any derivative use, require express prior written permission from Daylight Studios. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. Daylight Studios and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Daylight Studios. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by Daylight Studios, or any derivative works thereof. Daylight Studios grants you a personal, non-exclusive, non-transferable, revocable, non-assignable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.
3. User Content
You agree that you are willingly publishing the content on the Service using technology and tools provided by Daylight Studios. 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 written permission of Daylight Studios. You grant Daylight Studios the right to act as an agent on your behalf as operator of the application. Any data, text, graphics, photographs and their selection and arrangement, (hereinafter “User Content”) uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Daylight Studios. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Daylight Studios is not responsible for any files users upload, post, or otherwise make available. In particular, you are responsible for ensuring that you do not submit User content that is (i) offensive, unlawful, obscene, defamatory, libelous, threatening, abusive, inappropriate, pornographic, harassing, hateful, or otherwise unlawful or violates any law; (ii) fraudulent or misrepresentation; (iii) protected by any applicable copyright laws, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person; (iv) an advertisement or solicitation of business, funds, goods or services; or (v) impersonating another person or invading the privacy of any third party. We reserve the right (but shall have no obligation) to decide whether any content that you use complies with these Terms and we may in our sole discretion remove such content, suspend and/or terminate this Agreement if you use any content that is in breach of these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Daylight Studios may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Daylight Studios application. By using the Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Daylight Studios will not under any circumstances be 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. Daylight Studios reserves the right to remove and permanently delete any User Content from the Service with or without notice.
4. Privacy and Protection of Personal Information
5. Purchase Terms
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or game-designated currency for use in the Service; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such Play Store or App Store Credits.
Daylight Studios may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Daylight Studios shall have no liability to you or any third party in the event that Daylight Studios exercises any such rights. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE The provision of Virtual Items for use in the Service is a service provided by Daylight Studios that commences immediately upon acceptance by Daylight Studios of your purchase.
6. Disclaimer of Warranty; Limitation of Liability
DAYLIGHT STUDIOS DOES NOT MAKE ANY WARRANTEES, CLAIMS OR REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DAYLIGHT STUDIOS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL DAYLIGHT STUDIOS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DAYLIGHT STUDIOS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Termination of this Agreement
You may terminate this Agreement and your relationship with Daylight Studios at any time by ceasing to use the Service. Without limiting other remedies, Daylight Studios may suspend or terminate this Agreement with you, or may terminate or suspend your use of the Service at any time if: (A) YOU ARE IN DEFAULT OF THESE TERMS; (B) YOU ARE ENGAGED IN ILLEGAL ACTIONS, OR INFRINGE PROPRIETARY RIGHTS, RIGHTS OF PRIVACY, OR INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON, OR ANY THIRD PARTY RIGHTS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR US; (C) REQUIRED BY APPLICABLE LAWS/REGULATIONS AND WITHIN THE TIME LIMITS AS REQUIRED BY SUCH LAWS/REGULATIONS; (D) WE DECIDE TO CEASE OFFERING THE SERVICE TO USERS GENERALLY. Upon termination of this Agreement; (a) all licenses and rights to use the Service shall immediately terminate; (b) you will immediately cease any and all use of the Service. Any suspension or termination of this Agreement will not affect your obligations to Daylight Studios under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination. (c) YOU ACKNOWLEDGE THAT DAYLIGHT STUDIOS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY 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.
This Agreement constitutes the entire agreement between you and Daylight Studios and governs your use of the Service, superseding any prior agreements between you and Daylight Studios regarding the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Daylight Studios’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Daylight Studios will not be responsible for failures to fulfill any obligations due to causes beyond its control. The Service is operated by Daylight Studios from its offices in Singapore. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by Singapore law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Daylight Studios or relating in any way to your use of the Service resides in the courts of Singapore. No Daylight Studios employee or agent has the authority to vary this Agreement.
Daylight Studios may send you notice with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.
Daylight Studios reserves the right to take steps Daylight Studios believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Daylight Studios has the right, without liability to you, to disclose any aggregated Account information to law enforcement authorities, government officials, and/or a third party, as Daylight Studios believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Daylight Studios’ right to cooperate with any legal process relating to your use of the Service and/or products, and/or a third-party claim that your use of the Service and/or products is unlawful and/or infringes such third party’s rights).
The security of your personal information is important to us. Please do not enter any personal information about yourself except the information needed to create and maintain your user account on social networks or App store websites. We do not hold any liability for any personal data or any sensitive information you provided during opening of the account, which is not expressly and specifically required for a proper registration.
We follow generally accepted industry standards to protect the personal information submitted, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while our goal to use commercially acceptable ways to protect your personal information, we cannot guarantee it is absolutely secure. Please keep it in mind before submitting any information about yourself. Please note that information that you voluntarily make public in your user profile, or which you disclose by posting comments will be publicly available and viewable by others. We do not hold any liability for any information that you voluntarily choose to be public through such and/or other explicit actions. Our Services are not intended for children under the age of 13 and we do not knowingly collect any personal information from such children. Children under the age of 13 should not use our Service at any time.
We receive and store any information you enter on our Service and provide to us in any other way, including via any third party site or service through which you authorize us to access your information (e.g. Facebook). The types of personal information collected in this fashion are used to optimize the Service. Generally, the Service automatically collects usage information, in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally, to improve the Service. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Services. We may share this type of statistical data so that our partners also understand how people use the Services, so that they, too, may provide you with an optimal user experience. Again, Daylight Studios never discloses aggregate information to a partner in a manner that would identify you personally.
Personal Information Collected Temporarily for Customer Support: Daylight Studios may automatically receive and record information including, but not limited to, Account information, e-mail address, device phone number, mobile operating system, and other necessary device information to assist in your inquiry to customer support. However, the data collected is only temporary and deleted immediately and permanently once the inquiry is resolved or otherwise you decide that the pertinent issue(s) is deemed satisfactorily addressed.
You need to ensure that there is no unauthorized access to your account and personal information by limiting access to your device in which the Service is used.
Daylight Studios endeavors to protect user information to ensure that user account information is kept private, however, Daylight Studios cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
Your information with limited access rights (including personal information) can only be accessed by our authorized employees or consultants or the concerned group entities that need to have access to this data in order to be able to fulfill their given duties. However, we shall take appropriate organizational and technical measures to protect your personal data.
We reserve the right to disclose your personally identifiable information as required by any law and also when we believe that disclosure is necessary to protect our rights and/or to comply with judicial proceedings, court orders, or legal process.
We will retain your information for as long as is necessary to: (1) fulfill any of the services we provide or (2) comply with applicable legislation, regulatory requests and relevant orders from competent courts.
We reserve the right to modify this privacy statement at any time, so please review it relatively frequently. If we make any changes to this policy, we will notify you here.