BY INSTALLING, USING OR OTHERWISE ACCESS THE GAME, YOU REPRESENT THAT YOU ARE AGE 18 OR OLDER AND AGREE TO TERMS OF THIS AGREEMENT, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND US. IF YOU ARE UNDER 18 YEARS OLD, YOU MUST ASK ONE OF YOUR PARENTS (OR OTHER LEGAL GUARDIANS) TO READ THIS AGREEMENT AND ACCEPT IT ON YOUR BEHALF. IF YOU DO NOT AGREE TO TERMS OF THIS AGREEMENT, YOU SHOULD NOT USE THE SERVICE.
We also are entitled to terminate this agreement with respect to you, or cease offering the Service at all or deny your access to the Game or any its portion, at any time for any reason.
Our collection and use of your personal data in connection with your use of the Service is governed by our Privacy and Data Protection Policy.
1. DESCRIPTION OF SERVICE
1.1. The Service constitute a mobile application that enables you to play the game produced by Us.
1.2.1. All rights, title and interest in and to the Service (including any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, character profile information) are owned by Turbo Rocket Games. We reserve all rights, including all intellectual property rights or other proprietary rights, in connection with the Service.
1.2.2 Our Service are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Service may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Our prior written consent. All rights not expressly granted to you herein are reserved by Turbo Rocket Games.
1.2.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TURBO ROCKET GAMES.
2. YOUR USE OF SERVICE
2.2. The Service are intended for private use only.
2.5. The Service may require an internet connection to access the Game or its internet-based features, or perform other functions. In order for certain features of the Service to operate properly, you may be required to have and maintain an adequate internet connection. By using the Service, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain an adequate internet connection the Service or certain features of the Service may not operate or may cease to function properly, either in whole or in part.
2.6. You understand that the Service is an evolving one. We may require that you accept updates to the Game you have installed on your device. You acknowledge and agree that We may update the Service, with or without notifying you. You may need to update third party software from time to time in order to play the Game.
2.7. REGISTRATION AND ACCOUNT
2.7.1. To access and use certain features of the Service, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice at [email protected] if you discover or otherwise suspect any security breaches related to the Service.
2.7.2. By registering account, you represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List (“SDN List”), (b) will not use IP proxying or other methods to disguise the place of your residence, (c) will not use the Service if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (d) have not previously had your right to use the Service suspended or terminated.
2.7.3. You can have only one account. It is prohibited to transfer account to another person or disclose account information to other persons. No one has the right to use your account in any cases.
2.8. USER CONTENT
2.8.1. “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a game client or the Service, or that other users upload or transmit, including any chat text. 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 or misleading; (b) not in violation of any 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.
2.8.2. You may not use the Service to submit or link to any content which is defamatory, abusive, hateful, threatening, libelous, spam or spam-like, likely to offend, contains adult, nudity or objectionable content, contains personal information, or is racially, sexually, religiously, or otherwise objectionable or offensive, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You may not use cheats, hacks, mods, exploits, or any other unauthorized third-party software designed to modify or interfere with the Service. You may not use the Service to harm anyone or to cause offence to or harass any person or disrupt the Service in a way that may negatively affect others’ ability to fully enjoy the Service.
2.8.3. We 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. We shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
2.8.4. Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Turbo Rocket Games and our Service (collectively, “Feedback”). You agree that Turbo Rocket Games and its affiliates shall be able to use the Feedback in any way it may choose without any obligation to you.
2.9. REPORTS & BANS
2.9.1. You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. You are solely responsible for your interactions with the Service or any other user through the Service.
2.9.4. If you have a dispute with one or more users, you release 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.
3. PAYMENTS AND PURCHASES
3.2. Virtual goods may be consumable (single use items) and premium virtual goods (may be used unlimited number of times). Premium virtual goods bind on account and cannot be transferred to another account.
3.3. Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. If you purchase the virtual goods by using third party virtual currency, such transaction is governed by the agreement between you and such third party and Turbo Rocket Games is not a party to the transaction.
3.4. We may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. We shall have no liability to you or any third party in the event that Turbo Rocket Games exercises any such rights.
3.6. The transfer of any purchased through our Service virtual goods is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer such virtual goods to any person or entity or attempt any of the aforesaid.
4. DISCLAIMER FOR WARRANTIES
4.1. THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TURBO ROCKET GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4.2. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
5. LIMITATIONS OF LIABILITY
6. OTHER TERMS AND CONDITIONS
6.4. EQUITABLE REMEDIES
6.6. GOVERNING LAW AND DISPUTE RESOLUTION
6.7. CONTACT US
Turbo Rocket Games LLC, 1013 Centre Road, Suite 403-B, United States, Wilmington, Delaware, 19805, [email protected].