These Terms of Service (“Terms”) govern the relationship between you (“User” or “You”) and Yes Games Studio and its affiliates (“Yes Games,” “We,” “Us,” or “Our”) regarding your use of Yes Games Studio’s games, websites, and related services (collectively, the “Service”). By accessing or using the Service, including browsing any Yes Games website or accessing a game, you agree to these Terms and our Privacy Policy.
By creating an account or otherwise using the Service, you confirm that you are at least 13 years of age, and if you are between 13 and 17, you confirm that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you must comply with its terms of service as well as these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICE.
Yes Games Studio reserves the right to modify these Terms at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current Terms, your license to use the Service shall immediately terminate, and you must stop using the Service.
2.1. Grant of a Limited License to Use the Service
Subject to your agreement and ongoing compliance with these Terms, Yes Games Studio grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
2.2. License Limitations
The following restrictions apply to your use of the Service:
3.1. Account Creation
To access certain features of the Service, you may be required to create an account, including selecting a password (“Login Information”). You are responsible for maintaining the confidentiality of your Login Information and for any activities that occur under your account. If you suspect any unauthorized use of your account, you must immediately notify Yes Games Studio and change your Login Information.
3.2. Account Suspension and Termination
Yes Games Studio reserves the right to limit, suspend, terminate, modify, or delete accounts or access to the Service at any time, with or without notice, if we suspect you have violated these Terms, engaged in illegal activities, or created risk or legal liabilities. Yes Games Studio may terminate accounts that have been inactive for 180 days.
4.1. Ownership
All rights, title, and interest in and to the Service (including games, titles, computer code, artwork, animations, sounds, and all related intellectual property) are owned by Yes Games Studio. You do not own your account or any content associated with it, including any virtual items or currency.
4.2. User Content
“User Content” refers to any communications, images, sounds, or other material that you upload or transmit through the Service. By submitting User Content, you grant Yes Games Studio a perpetual, irrevocable, worldwide, royalty-free license to use, modify, distribute, and display your User Content. You are solely responsible for your User Content and the consequences of posting it.
5.1. Virtual Items
You may purchase, with “real world” money, a limited license to use virtual items and currency (“Virtual Items”) within the Service. These purchases are non-transferable, non-sublicensable, and non-refundable. Yes Games Studio may modify or remove Virtual Items at any time without liability.
5.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using your account. All purchases made through the Service are final and non-refundable.
The Service is constantly evolving, and Yes Games Studio may require you to accept updates to the Service and its games. You acknowledge that Yes Games Studio may update the Service with or without notifying you and may require you to update third-party software to continue using the Service.
The Service is provided “as is” and “as available” without warranties of any kind, express or implied. Yes Games Studio does not guarantee that the Service will be available at all times or locations, that it will be uninterrupted or error-free, or that defects will be corrected.
To the fullest extent permitted by law, Yes Games Studio shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Service. Yes Games Studio’s total liability to you for any claim related to the Service shall not exceed the amount you have paid to Yes Games Studio in the six months preceding the claim.
9.1. Assignment
Yes Games Studio may assign or delegate these Terms and/or its Privacy Policy, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under these Terms without Yes Games Studio’s prior written consent.
9.2. Entire Agreement
These Terms, along with any supplemental policies and any documents incorporated by reference, constitute the entire agreement between you and Yes Games Studio regarding the Service.
9.3. No Waiver
Yes Games Studio’s failure to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision.
9.4. Equitable Remedies
You acknowledge that a breach of these Terms may cause irreparable harm to Yes Games Studio for which monetary damages would be inadequate. Accordingly, Yes Games Studio shall be entitled to seek injunctive or other equitable relief in the event of such a breach.
9.5. Force Majeure
Yes Games Studio shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, or shortages of labor or materials.
If you have any questions about these Terms, please contact us at support@yesgamesstudio.com.
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