END USER LICENCE AGREEMENT
PLEASE ASK YOUR PARENTS PERMISSION
BEFORE USING THIS APP
Last revised: 22 December 2016
Introduction
Welcome! Your access to and use of the RISK application featuring the RISK game (the "App") is subject to the following terms and conditions. We hope you enjoy our App. So that you may fully enjoy our App, please read these terms and conditions, which will govern your use of the App. As used in this User Agreement, "you" and "your" refers to any user of the App, and, if you are a minor, "you" and "your" includes your parent(s) and/or legal guardian(s). "We", "our”, "us" and “SMG” refers to SMG Studio Pty Ltd (ACN 164 622 566) of 4.06 / 22 Mountain Street, Ultimo, NSW 2007, Australia.
Acceptance of User Agreement
By accessing and/or using the App, you specifically agree to be bound by these terms and conditions (this “User Agreement”), including the Privacy Policy, which is incorporated in and made a part of this User Agreement. We reserve the right to update or otherwise modify this User Agreement at any time, in our sole and absolute discretion. Please visit this page periodically so that you are aware of any updates or modifications to this User Agreement because you will not receive advance notice or individual notice of such updates or modifications. By accessing and/or using the App, you agree to be bound by the terms of the current User Agreement.If you do not agree to this User Agreement, please exit and stop using the App.
Please read this User Agreement carefully before using the App. You will be granted access to the App until your access is terminated for reasons described in this User Agreement.
IMPORTANT NOTICE
THE APP IS FOR ENTERTAINMENT PURPOSES ONLY. THE APP IS NOT A SERVICE. THE APP WILL BE AVAILABLE FOR A LIMITED TIME ONLY, AS DETERMINED BY US IN OUR SOLE AND ABSOLUTE DISCRETION. WE MAY, IN OUR SOLE AND ABSOLUTE DISCRETION, STOP SUPPORTING AND/OR PROVIDING UPDATES TO THE APP, OR PARTICULAR DEVICES AND/OR PLATFORMS ON WHICH THE APP OPERATES WITHOUT NOTICE AND WITHOUT REMOVING THE APP FROM APP STORES. WE ALSO RESERVE THE RIGHT TO SHUT DOWN, REMOVE, OR OTHERWISE RESTRICT ACCESS TO THE APP AND/OR TO MODIFY, LIMIT OR ELIMINATE ANY CONTENT OR FEATURE(S) OF THE APP AT ANY TIME, IN OUR SOLE AND ABSOLUTE DISCRETION. IF WE DECIDE TO SHUT DOWN OR REMOVE THE APP, WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU IN THIS USER AGREEMENT AND/OR THROUGH THE APP. WE MAY, IN OUR SOLE DISCRETION, MAINTAIN OR SAVE ANY VIRTUAL DATA, OBJECTS, COMPILATIONS, WORK, AUDIO/VISUAL MATERIALS, STATISTICS, REWARDS, ASSETS, CODES, IN-GAME CREDITS, VIRTUAL OR IN-GAME CURRENCY, OR SIMILAR INFORMATION THAT YOU MAY VIEW, CREATE OR “EARN” OR THAT ARE OTHERWISE ASSOCIATED WITH YOUR USE OF THE APP (COLLECTIVELY, “VIRTUAL ITEMS”) AND RESERVE THE RIGHT TO DEACTIVATE OR DELETE SUCH VIRTUAL ITEMS OR OTHER INFORMATION FOR ANY AND ALL REASONS, INCLUDING BUT NOT LIMITED TO USER INACTIVITY, THE APP'S MEMORY LIMITATIONS, POTENTIAL FRAUD/ABUSE, OR ANY OTHER REASON THAT WE DEEM NECESSARY IN OUR SOLE AND ABSOLUTE DISCRETION, WITHOUT NOTICE. WE ARE NOT RESPONSIBLE FOR ANY SUCH INFORMATION THAT IS MODIFIED OR LOST DUE TO TECHNICAL DIFFICULTIES OR FOR ANY OTHER REASON.
Unlimited Play
Unlimited access to play the App (i.e., the ability to play the App any time, without waiting for daily limits to expire) is conditioned on purchasing, using real money, the full version of the App (“Unlimited Play”). In order to do so, we use third party payment providers and their platforms (e.g., Apple/iTunes, Google/Play, and Amazon Appstore) to make and complete your purchase(s). When you purchase Unlimited Play through our App, you are not interacting with us, but rather with Apple, Google, or Amazon. These third party sites are not under our control and we are not responsible for their contents. Your use of these third party sites are governed by the terms and conditions and privacy policies of the owners and operators of such third party sites. If you are a minor, please ask a parent before making a purchase. You can disable in-app purchases through your device’s settings.
Even though you may have used real money to purchase Unlimited Play for use within the App, you agree that you do not “own” and do not have any right or title in or to any of those features of or items represented within the App, whether “earned” through your activities on the App or “purchased” from us. In addition, you agree that Unlimited Play has no cash or real-world value, and that we have no liability towards you and do not owe you any refunds or credits for the loss or unavailability of Unlimited Play.
Limited App Operation and Future Changes
The App will only be operational for a limited period of time as determined by us in our sole and absolute discretion. If, in our sole and absolute discretion, we decide to: (a) prohibit access to the App on a wholesale basis; and/or (b) shut down, delete or remove the entire App; and/or (c) make material changes to the App as a whole, we will use reasonable efforts to notify the user community in this User Agreement and/or through the App by posting a notice on the App, subject to the following sentences. No advance notice will be given for any changes, including material changes that we determine in our sole and absolute discretion should be made without notice. You will not receive any individual notices, so please check the App and this User Agreement from time to time so that you are aware of any updates or modifications made to it.
We reserve the right to charge a fee for use of the App in the future. If we do so, we will use reasonable efforts to notify the user community by posting information on the App at least thirty (30) days before any fees become effective. You will not receive any individual notice of this change, so please check the App and this User Agreement from time to time.
We reserve the right to terminate the access rights of any user that has been inactive for thirty (30) days or more, in our sole and absolute discretion. You will not receive any notice of deactivation.
Unlimited Play is not transferable and has no retail or cash value. Any attempts to violate this rule may cause us to restrict your access to the App, which will be decided in our sole and absolute discretion.
Access to the App
An internet connection is required to download the App, to access certain information such as this User Agreement, to play with other players who are not on your local Wi-Fi network and to download any updates to the App. Your downloaded App will only be operational for a limited period of time as determined by us in our sole and absolute discretion. We reserve the right to suspend, deactivate, eliminate or modify any user’s access to and/or use of the App at any time, for any reason, without notice, including if we believe that any such user has obtained access to and/or used the App in an unauthorized manner.
IT IS IMPORTANT THAT YOU REMEMBER AND KEEP YOUR ACCESS INFORMATION IN A SAFE PLACE OFFLINE, BECAUSE WE DO NOT COLLECT PERSONAL INFORMATION FROM YOU, SUCH AS YOUR EMAIL ADDRESS. IF YOU FORGET ANY OR ALL OF YOUR ACCESS INFORMATION, YOU MAY NOT BE ABLE TO ACCESS CERTAIN FEATURES OF THE APP. WE MAY ALSO REQUIRE ANY OR ALL OF THIS INFORMATION IN RESPONSE TO ANY QUERIES WITH SMG’S LEGAL STAFF AND/OR OTHERS.
You agree to adhere to our rules regarding lost Access Information. We are under no obligation to reply to queries related to lost Access Information in a timely manner. You accept our rules regarding lost Access Information and understand that these and any other applicable rules, policies and procedures relating to the App may vary, are subject to change at any time without notice, and are to be solely determined by us. This also extends to our investigation of suspected fraudulent behavior and all other security-related issues with regard to maintaining ongoing operation of the App, and ensuring the safety and security of all users thereof.
IF YOU DELETE THE APP FROM YOUR DEVICE, THIS DATA WILL BE DELETED PERMANENTLY, AND WE MAY NOT BE ABLE TO RECOVER ANY OF THE PROGRESS, DATA OR OTHER INFORMATION RELATING TO YOUR USE OF THE APP. YOU TAKE FULL RESPONSIBILITY FOR, AND WE WILL HAVE NO OBLIGATION OR LIABILITY TO YOU FOR, ANY INFORMATION YOU DELETE, WHETHER INTENTIONALLY OR BY ACCIDENT.
Links
The App may contain links to third party websites or applications, and your use of such sites will be governed by the terms of use and privacy polices of their owners and operators ("Linked Sites"). Linked Sites are not under our control and we are not responsible for the contents thereof. These links are provided only as a convenience, and inclusion of a link does not imply endorsement of or affiliation with the Linked Site by us. We are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.
Ownership of Intellectual Property and Restrictions on Use of Materials
All materials contained in the App, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements of all of these items, and all trademarks, service marks, trade names, trade dress and patents, are the property of SMG, Hasbro, Inc. (including its affiliates and subsidiaries), its licensors and/or other respective owners (collectively, the "Intellectual Property Materials"), and are protected, without limitation, by U.S. and other foreign copyright, trademark and patent laws. The unauthorized use of any Intellectual Property Materials, including the use of any Intellectual Property Materials on any other website, application, or networked computer environment is prohibited. Any attempts to access the Intellectual Property Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not modify the Intellectual Property Materials or use the Intellectual Property Materials in a manner that suggests an association with any of our products.
Games and Activities
You may obtain, gain access to, or win Virtual Items by playing games and engaging in other activities on the App. With respect to the games and activities, your chances of gaining access to, or earning Virtual Items depend on your skill and effort in playing the game or activity selected, as interpreted solely by the App's program software. These games and activities are for promotional and entertainment purposes only. By using the App, you agree to accept, without dispute, the parameters established by us for the App, including without limitation the manner in which the App’s program software interprets your game play or other activities on the App. We reserve the right to modify those parameters in our sole and absolute discretion and are not responsible for any interpretations or errors made by the program software. We reserve the right to disregard any complaints about the results of game play or other activities on the App.
Using the App
The App is provided by us and is intended to be used in a safe and enjoyable fashion. Users of the App must not use the App except for its intended purpose. Specifically, but without limitation, users must not:
- Attempt to remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security systems of the App;
- Attempt to gain access to the App in a fraudulent manner, including but not limited to using fraudulent or fraudulently obtained Codes;
- Attempt to use the App in a fraudulent manner, including but not limited to, using cheats, exploits or similar measures to gain, or attempt to gain, unearned Virtual Items, or access to the App;
- Attempt to gain access to any other user's App without permission;
- Attempt to ascertain any other user's Codes and/or personal information by any means whatsoever, including, without limitation, by use of the App or any other website, or by e-mail communication;
- Attempt to use the App for any purposes other than those intended by us, as determined by us in our sole and absolute discretion;
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or other equipment;
- Upload or submit any data or information that is protected by intellectual property laws (including without limitation, copyright, trademark, patent, and/or rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents;
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App;
- Violate any applicable laws or regulations or promote or encourage illegal activity; or
- Copy, modify, create a derivative work of, decompile, disassemble, decode, reverse engineer or otherwise attempt to derive or gain access to the source code any portion of the App or its contents.
We expressly reserve the right, which shall be exercised in our sole and absolute discretion, to remove any user from the App and/or block the access of any user who contravenes any of the provisions of this User Agreement, including but not limited to the provisions of this section entitled “Using the App”.
Security
You are completely responsible for maintaining the confidentiality of your Access Information. If you forget or lose your Access Information please refer to the “Access to the App” section above.
You are completely responsible for all activities relating to your use of the App. You agree to immediately notify us of any unauthorized use of the App or any other breach of security related to your use of the App. We will not be liable for any loss or damage arising from your failure to comply with this section.
INDEMNITY
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD SMG, ITS AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “SMG PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OF THE SMG PARTIES IN CONNECTION WITH ANY CLAIMS ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THE APP. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
NO WARRANTIES; LIMITATION OF LIABILITY; DISCLAIMER OF DAMAGES
IN NO EVENT SHALL SMG STUDIO PTY LTD, ITS AFFILIATED AND SUBSIDIARY COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES, BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE APP OR THE CONTENT ACCESSIBLE THROUGH THE APP, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP OR THE PERFORMANCE OR NON-PERFORMANCE OF US OR THE APP OR THE CONTENT ACCESSIBLE THROUGH THE APP, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. YOU AGREE THAT THE LIABILITY OF SMG STUDIO PTY LTD, ITS AFFILIATED AND SUBSIDIARY COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, FIFTY UNITED STATES DOLLARS (U.S. $50.00).
General Provisions
This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the App. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect. This User Agreement will be construed in accordance with the laws of the state of New South Wales and the Commonwealth of Australia.