Queen Interactive Games Ltd. Terms of Service

The terms of this agreement (“Terms of Service” or “Agreement”) govern the relationship between you and Queen Interactive Games Ltd., a company under laws of Republic of Cyprus, with registered address at: 94, Amathoundos Avenue, Alexander Diamant, Agios Tychonas, 4532, Limassol, Cyprus (“Queen” or “we”, “us”, “our”, “ours”, as applicable), regarding your use of Queen’s games, websites and related services (“Services”), including all information, text, artworks, images, logos, product and character names, graphics, software, services and the compilation of the foregoing, available for your use.

Use of Services is also governed by Queen’s Privacy Policy (“Privacy Policy”) which is herein incorporated by reference. You must agree to our Terms of Service and Privacy Policy before accessing and using any of the Services.

You can find the latest updated version of the Terms of Service at any time on this website (“Website”) here.

Queen is a developer and publisher of games and mobile game applications ("Games"). Our Games’ download/purchase page may contain certain additional terms, conditions and requirements, which constitute a part of the Terms of Service. In case you download/purchase the Games through an online store such as Google Play Store, Apple App Store, Huawei App Gallery etc. (“Online Store”), please, review the terms and conditions of that particular Online Store’s operator, which may provide for certain additional requirements applicable to the downloading of the Games through that Online Store, their installation and use.

You represent that you are 16 years or older. If you are over 16 years, but younger than 18 years, you can download our Games and play them on your device, only if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to download and play our Games subject to this Agreement. Queen may require adequate proof of your identity, age, and consent from a parent or guardian at any time.

You represent that you are accessing our Games as a private person (consumer). Services offered by Queen are intended solely for the purpose of entertainment. No commercial use of our Games is allowed.

By using this Website and Services, in particular when downloading our software, browsing the Website or downloading any of Queen’s Games, including from Online Stores, you accept these Terms of Service and Privacy Policy. If you do not agree to the Agreement and/or Privacy Policy, you may not use or otherwise access the Website and Services. Use of the Website and Services is void where prohibited.

1. End-User License Agreement

1.1. License

Subject to the terms of this Agreement, Queen grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited-right license subject to the limitations below to access and use copyright or otherwise legally protected materials provided as part of the Services for your personal non-commercial entertainment purpose.

1.2. Provision of Online Services

Queen may provide certain online services as part of the Services in accordance with these Terms of Service. Queen has the right to limit or discontinue these online services at any time unless you have bought a subscription under these Terms of Service in which case Queen will provide the online services in accordance with such a subscription.

1.3. Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access the Services in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, and (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update, or other addition to the functionality of the Services (including in-app purchases in Games (virtual items and virtual currency, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such an addition. All copyright and other proprietary notices on any Game content must be retained on any copies of such content.

2. Ownership

The copyright or otherwise legally protected materials provided as part of the Services provided to you are licensed to you and not sold.

Queen (and its licensors, where applicable) own all rights, title and interest, including without limitations to and in any Games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by Queen and/or received or made available while playing the Games or developed during the course of the Games, and all related intellectual property rights, in and to Services.

3. Copyright

Copyright, trademarks, and all other proprietary rights shown as part of the Services (including, but not limited to, software, services, text, graphics, and logos) are reserved to Queen, except for the cases specified in this clause. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the Website, its software, or its Services, except as expressly authorized herein. Except as otherwise provided, our content, including that published on this Website and/or in the Online Stores, may be reproduced or distributed in an unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of Queen is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions of our content.

We may also use the following third-parties’ trademarks on our Website and/or our Services:

- Apple, the Apple logo, iPhone, and iPad, which are trademarks of Apple Inc. App Store is a service mark of Apple Inc.
- Google Play and the Google Play logo are trademarks of Google LLC.

4. In-Game Currencies and Goods

Our Games may include virtual in-game currency (“Virtual Currency”), such as coins, cash, and/or diamonds, that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items”).

Please note that you only purchase a limited, revocable, non-transferable license to use Virtual Currency or Virtual Items, and you agree that you do not own them.

All Virtual Currency and Virtual Items transactions are handled by third-party e-commerce payment providers. Please note that by purchasing Virtual Currency and Virtual Items, you may be bound by these third-party payment providers’ terms of use, and their privacy statements may apply to the processing of your personal data.

In no way can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money (traditional currency, any other open digital currency), goods, other items, or services of monetary value. The transfer of Virtual Currency or Virtual Items is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Items to any person or entity, including but not limited to Queen, another user or any third party. In the event that your account is limited, terminated, suspended, modified, or deleted for any reason, at Queen’s sole and absolute discretion for any reason attributable to you, or if Queen discontinues its Games, or if Virtual Items of the user are lost, hacked or stolen, you forfeit any and all Virtual Currency and Virtual Items earned or purchased.

Price and availability of Virtual Items are subject to change without notice.

Queen may manage, regulate, control, modify or eliminate available Virtual Items at any time, with or without notice. Queen may also revise the pricing for the goods and services offered through the Services at any time. Queen shall have no liability to you or any third party in the event that Queen exercises any such rights, and you irrevocably waive any related claims to us that you may have in this regard.

5. Third Parties

5.1. Third-Party Services

When using the Services, third parties may offer you certain third-party applications (like leaderboards, game networks) to provide content through a Game (“Third Party Services”). Upon your acceptance of such an offer, Queen may then permit such Third Party Services. A Game may be used to send content provided by the Third-Party Services between users who have the Third-Party Services installed (activated) on their devices. When you do so, Queen will share information with the third parties operating Third-Party Services, as described in the Privacy Policy, to the extent necessary for such third parties to provide the Third-Party Services. Queen is not responsible for and does not control Third-Party Services. Queen supports these Third-Party Services only as long as you ordered them from a third party. Queen has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party’s terms and policies apply, including, where applicable, the third party’s privacy policies or statements. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any of the Third-Party Services.

5.2. Links to Third Parties

Our Services may feature advertisements from third parties. Please review our Privacy Policy which explains what information we share with such third parties. We are not responsible for the availability of such websites or resources of the third parties, and we are not responsible or liable for any content, advertising, or services they provide, and you irrevocably waive any related claims to us that you may have in this regard.

Any content, advertising or services by such third parties are provided subject to the terms of services and privacy policies or statements to be found on the websites of the respective third parties. Where applicable, you must familiarize yourself and accept the terms of services and privacy policies or statements of such third parties before using their content, advertising or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

5.3. Other Users

A Game may contain certain User Generated Content (afterward in this Section 5.3 together with UGC – as defined further) provided by other users of the Game. Queen is not responsible for and does not control the UGC. Queen has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to UGC. You use all UGC and interact with other users at your own risk. Your interactions with other users are solely between you and other users, and we are under no obligation to become involved. You agree that Queen will not be responsible for any liability or loss incurred as the result of any such interactions.

5.4. Release

You hereby irrevocably and unconditionally release and forever discharge Queen (and its suppliers/providers) from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, any Third Party Services, other users, third party advertisements or UGC. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.»

6. Payments and Refunds

6.1. General provisions

When you purchase Games from any of the Online Stores, including subscriptions and in-app purchases (e.g. Virtual Items and Virtual Currency), the payment for such purchases may be processed either by third parties on our behalf, or directly by the operator of a particular Online Store. When purchasing the Games, including subscriptions and in-app purchases (e.g. Virtual Items and Virtual Currency), you: (i) agree that the content will be available to you immediately; (ii) consent to the beginning of the performance of the contract during the withdrawal period; and (iii) acknowledge that you will lose your rights to the 14 days cancellation period and refunds (the right to withdraw from the contract) once the purchase has been fully effected. If you download a Game from an Online Store, before effecting the purchase from the Online Store, please also review and accept the terms and conditions of the Online Store’s operator with regard to your rights to cancel orders and get related refunds. Thus, if you have any payment-related issues, then you need to contact the respective Online Store directly.

All purchases and redemptions of Virtual Items and Virtual Currency, as well as payments for the subscriptions made through our Services, as described in section 7.2, are final and non-refundable, except when required by law. You agree that Queen is not required to provide a refund for Virtual Items and Virtual Currency for any reason, and that you will not receive money or other compensation for unused Virtual Items and Virtual Currency, whether you lost the license under this Agreement voluntarily or involuntarily.

Please note that if you request your personal data to be erased as specified in our Privacy Policy, you will permanently and without a right to a refund lose all your Virtual Items and Virtual Currency, as Queen will no longer be able to associate such Virtual Items and Virtual Currency with you.

YOU ACKNOWLEDGE THAT QUEEN 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 YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.

6.2. Subscriptions

6.2.1. Some parts of the Services are billed on a subscription basis (“Subscription”). Subscription provides access to dynamic content or services in a Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game (“Subscription Period”). Payments for the Subscriptions will be charged at your account with an Online Store (“Account”) when you confirm the Subscription by available confirmation tools of the Game and/or Online Store. You acknowledge and agree that all billing and transaction processes are handled by the Online Store, from which platform you downloaded the Game, and are thus governed by their terms and conditions. If you have any payment-related issues, then you need to contact the respective Online Store directly.

6.2.2. Trial Subscription is offered free of charge for a certain period of time from the activation moment, as specified in the relevant offer in the Game. If you do not cancel the trial Subscription within such a period, a Subscription fee shall be withdrawn from your Account when the trial period expires. Please note that your Subscription begins immediately after the activation of a trial Subscription, not after the seven-day trial period. You may cancel the Subscription during its free trial period using the Subscription setting of your Account. This must be done 24 hours before the end of the free trial Subscription period – on the Apple App Store, at any time before the end of the free trial Subscription period – on the Google Play Store, or as specified in the related terms of other Online Stores; otherwise, it will be renewed as a paid Subscription. Queen cannot cancel your free trial Subscription if it has already been activated.

6.2.3. Subscription is automatically renewable for the same price and duration period as the original Subscription package chosen by you, unless you turn it off: in case of the Apple App Store, at least 24 hours before the end of the current Subscription Period, (ii) in case of the Google Play Store, at any time before the end of the Subscription Period, or (iii) as specified in the related terms of other Online Stores. A Subscription fee for renewal shall be debited from your Account at the cost of the chosen package within 24 hours prior to the end of the current Subscription Period – on the Apple App Store; at the end of the Subscription Period – on the Google Play Store; or at such another moment, as specified in the related terms of other Online Stores. In case that the Subscription fee cannot be debited from your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, your Subscription is automatically canceled.

6.2.4. Once you have bought a Subscription, you can manage it and switch off automatic renewal at any time after the purchase in your Account settings. If the Subscription has already been activated, you can cancel the Subscription at any time (subject to the provisions set forth in Clause 6.2.3 above), and the cancellation will take effect after the end of the last day of that Subscription Period.

6.2.5. Except when required by law, Subscription fees are non-refundable.

6.2.6. Queen in its sole discretion and at any time may modify the Subscription fees. Any Subscription fee change will become effective at the end of the current Subscription Period. You will be provided with a reasonable prior notice of any change in the Subscription fee. If you do not take action to agree to the increase in the Subscription fee, your Subscription shall expire at the end of the current Subscription Period.

7. Warranties and Disclaimers

7.1. ALL INFORMATION, SOFTWARE, AND SERVICES OFFERED BY QUEEN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

QUEEN DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES AND LOCATIONS OF YOUR CHOOSING; THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OT THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

QUEEN ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.

IN NO CASE SHALL QUEEN BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF QUEEN’S INFORMATION) REGARDLESS OF WHETHER QUEEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DOWNLOADING AND USING ANY OF THE INFORMATION, SOFTWARE OR SERVICE OFFERED BY QUEEN IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

7.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR PROVIDE SPECIAL CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7.3. You represent and warrant that (i) you are not located in a country that is subject to United States Government embargos, or that have been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties; and (iii) you are solely responsible for compliance with all applicable laws, including without limitation export and import regulation.

8. Limitation on Liability

8.1. IN NO EVENT SHALL QUEEN (OR ITS SUPPLIERS/PROVIDERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR QUEEN’S PRIVACY PRACTICES, ANY GAME, EVEN IF QUEEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUEEN’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR QUEEN’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID QUEEN IN THE PRIOR 12 (TWELVE) MONTHS (IF ANY). IN NO EVENT SHALL QUEEN’S SUPPLIERS/PROVIDERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

8.2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PROVIDE OTHER SPECIAL REGULATIONS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

9. Indemnity

You agree to defend, indemnify and hold harmless Queen (and its suppliers/providers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any Game and/or Service, (ii) your UGC, or (iii) your violation of this Agreement.

Queen reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Queen, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Queen. Queen will use reasonable efforts to notify you of any such a claim, action or proceeding upon becoming aware of it.

10. User Generated Content

10.1. On certain areas of our Services or otherwise, you may be able to chat with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, games and other materials and content (“User Generated Content”, or “UGC”).

If you are a game developer (or its representative) and wish to submit your game to be published by Queen, you may upload the game itself, brief information about this game, and some UGC (including some video and audio materials related to the game) via our publisher contact form. Please note that by uploading your game or game-related content to our resources for possible publishing, you do not automatically enter into a legal publishing contract with Queen. Queen is not under any obligation to publish the games submitted via our resources, as well as to store elements which may be sent via such resources, and will not be bound to return the elements sent by you.

If you are a job applicant and wish to submit your CV to the open position advertised on our Website, you also may upload some UGC (in addition to your name, contact details, your CV or portfolio) via our job applicant’s contact form.

10.2. Your uploading and posting of UGC and other materials is subject to the Terms of Service and the following posting rules (“Posting Rules”):

A. You agree that your UGC and materials are:

• Accurate;
• Not confidential;
• Not in violation of law;
• Not in violation of contractual restrictions or third party rights, and that you have permission to use content from any other party whose personal or other information or intellectual property is contained in the UGC;
• Not abusive, harmful, libelous, profane, obscene or otherwise objectionable;
• Not for commercial purposes or business solicitations; and
• Free of viruses, corrupting files, interference, cheat software, worms or other malicious code.

B. Responsibility for Postings. You understand and acknowledge that UGC and submitted materials are solely your responsibility, and that Queen is not responsible for the information, data, text or other materials that may appear as part of UGC or submitted materials. Opinions expressed in UGC or submitted materials do not necessarily reflect the opinions of Queen. UGC and submitted materials are not necessarily reviewed by Queen prior to the posting, and Queen makes no warranties, express or implied, as to the UGC and submitted materials or to the accuracy and reliability of the UGC and submitted materials.

C. No Monitoring/Violation Notices. You acknowledge that Queen does not necessarily monitor any materials posted, transmitted, or communicated to or within the Games and other Services. Notwithstanding the foregoing, you further agree that Queen and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any UGC and submitted materials that are available via Games and other Services with or without notice to you.

D. Ownership and License to UGC. By displaying, uploading, distributing, or otherwise using your UGC with any Service (Game, Website etc.), you automatically grant, and you represent and warrant that you have the right to grant, Queen an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, edit, prepare derivative works of, incorporate into other works, and otherwise use your UGC, solely to display your UGC in any Game and Service. If you provide Queen with any feedback or suggestions (“Feedback”), you hereby assign to Queen all the rights in and to the Feedback and agree that Queen shall have the right to use such Feedback and related information in any manner it deems appropriate. Queen will treat any Feedback that you provide to Queen as non-confidential and non-proprietary. You agree that you will not submit to Queen any information or ideas that you consider to be confidential or proprietary.

10.3. YOU UNDERSTAND AND AGREE THAT QUEEN MAY DELETE ALL UGC AND SUBMITTED MATERIALS AT ANY TIME, AND WITHOUT NOTICE, IF QUEEN DEEMS THAT YOU MATERIALLY BREACH THE POSTING RULES, THE TERMS OF SERVICE, APPLICABLE LAW, OR FOR ANY OTHER REASON. QUEEN ASSUMES NO LIABILITY FOR ANY INFORMATION REMOVED FROM THE GAMES AND SERVICES AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS THERETO.

11. User Conduct

You shall accept and abide by the following:

• you agree not to use any Game and Service to upload, distribute, or otherwise use any UGC (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates any law, regulation, or contractual obligations.
• you agree not to use any Game or Service to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including email addresses, post and/or make available to the public any other user’s personal information in the Games, Services, and/or any game-related services without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games and Services (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Website, Services, Games or servers or networks connected to Games (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any Game or Service.
• you acknowledge and agree that Queen may use built-in tracking features to obtain information regarding your use of the Games or Services in order to improve the services we provide, and agree that such information is deemed to be UGC for all intents and purposes under these Terms of Service, unless otherwise established by applicable law.
• you shall not (a) improperly use Queen’s support services, including without limitation submission of false reports of abuse or misconduct by any party; (b) disable, interfere with, or circumvent any security feature of the Games or Services or any feature that restricts or enforces limitations on the use of or access to the Games, Services or UGC; (c) participate in any activities and/or perform any actions that, in Queen’s sole opinion, lead to, result in, or may result in an authorized user of the Games or Services being defrauded of Virtual Currency or Virtual Items that user has earned through authorized gameplay and/or purchased in the Games or Services; (d) sell Queen’s Games, Services or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for currency or items and/or services of monetary value; (e) engage in cheating or any other fraudulent activity deemed by Queen to be in conflict with the spirit of the Games or Services; (f) use or take part in the use of any unauthorized third-party software designed to modify or interfere with the Services and/or any Games; (g) share your password or any credentials you may use to access your account with anyone; (h) purchase, sell, rent, or give away your account, or otherwise make available your account to any third party; (i) create an account using a false identity or information, or on behalf of someone other than yourself.

12. Modifications of this Agreement

Queen is entitled at any time to amend or supplement these Terms of Service and any related provisions (e.g. Privacy Policy). Queen shall publish any amendments to these Terms of Service on our Website (www.queengames.com/) and may also use other means of notification (e.g. in-game, newsletter, pop-up). The date on which the latest update was made is indicated at the top of this document.

Such changes will only affect the relationship with you for the future. The continued use of the Services will signify your acceptance of the revised Terms of Service. If you do not wish to be bound by the changes, you must stop using the Services. Failure to accept the revised Terms of Service, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the effective date of the revised edition of the Terms of Service. You can obtain any previous version from Queen via contacting us at: legal@queengames.com.

We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.

13. Term and Termination

13.1. This Agreement is entered into for an indefinite term.

13.2. Either party may terminate this Agreement at any time by giving 14 days notice (written or electronic communication, e.g. via email, is required). However, you may also terminate the Agreement with immediate effect by deleting the Game from your device or removing the Game from your Facebook apps. In this event, the Agreement will no longer be effective in respect of such a Game but may still apply to other Games or Services in use.

13.3. Either party may terminate the Agreement for cause without giving the notice. The grounds for such termination for cause include material breach of this Agreement.

If we have a reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our Games and Services and/or terminate these Terms of Service. Your breach of Sections 1 and 11 hereof shall be considered a material breach.

13.4. Upon termination, you will no longer be able to access the Game or Service that was the subject matter of the Agreement. Your in-game progress and any other Game-related or Service-related data will be deleted. Only if Queen continues to operate the Game or Service, you may again download the Game (Service) or access the Game on Facebook whereby a new Agreement will start to run. However, any game-related data cannot be restored.

13.5. Without limiting the foregoing, Queen reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright, upon notification to Queen by the copyright owner or the copyright owner’s legal agent.

13.6. Upon termination of this Agreement, your right to use the Game or Service will automatically terminate immediately without the right to refund to you for Virtual Currency or Virtual Items acquired, developed during, or purchased in the Games or Services. You understand that any termination may involve deletion of your UGC associated therewith from our live databases. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.3, 2, 3, 5, 6, 7, 8, 9, 10, 13, and 19.

14. Notice

Any notice to Queen pursuant to this Agreement should be sent to legal@queengames.com.

15. Severability

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

European Union Users

Should any provision of these Terms of Service be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of this Agreement shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the Agreement if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

United States Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms of Service constitute the entire Agreement between you and Queen with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms of Service will be enforced to the fullest extent permitted by law.

16. Entire Agreement

This Agreement is the final, complete and exclusive agreement between you and Queen with respect to the subject matters hereof (including all the Games and Services) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters (including any prior end-user license agreements, terms of service or privacy policies). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such a right or provision.

17. Interpretation

The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Your relationship to Queen is that of an independent contractor, and neither party is an agent or partner of the other.

18. Assignment

Queen may assign or delegate these Terms of Service and Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent but taking into account your legitimate interests. Provisions about changes of these Terms of Service will apply accordingly. The terms of this Agreement shall be binding upon assignees. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Queen’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void.

19. Supplemental Policies

Queen may publish additional policies related to specific Services, such as forums, contests or loyalty programs. Your right to use such Services is subject to those specific policies and these Terms of Service.

20. No waiver

Queen’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of any such a right or provision. No waiver shall be considered a further or continuing waiver of such a term or any other term.

21. Applicable Law

The laws of the Republic of Cyprus shall apply to this Agreement; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.

Exception for European Union Consumers

However, regardless of the above, if the user qualifies as a European Union consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

22. Venue of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms of Service lies with the courts of the place where Queen is based, as displayed in the relevant section of this document.

Exception for European Union Consumers

The above general provision does not apply to any users that qualify as European Union consumers, nor to consumers based in Switzerland, Norway or Iceland.

United States Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these Terms of Service shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

United Kingdom Users

Consumers based in England may bring legal proceedings in connection with these Terms of Service in the English courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms of Service in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms of Service in either the Northern Irish or the English courts.

23. Dispute resolution

Amicable dispute resolution

Users may bring any disputes to us, and we will try to resolve them amicably.

While users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of a Game or Service, users are kindly asked to contact us at the contact details provided in this document.

The user may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to Queen’s email address specified in this document (legal@queengames.com). Queen will process the complaint without undue delay at possible shortest terms, but in no way longer than 30 days.

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Union consumer can use such a platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

24. Apple App Store Additional Terms and Conditions

The following additional terms and conditions apply to you if you are using a Game from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the Apple App Store Additional Terms and Conditions, the respective Apple App Store Additional Terms and Conditions will control.

24.1. Acknowledgement

Queen and you acknowledge that this Agreement is concluded between Queen and you only, and not with Apple, and Queen, not Apple, is solely responsible for the Games, Services, and the content thereof.

24.2. Scope of License

The license granted to you in respect of a particular Game or Service is limited to a non-transferable license to use such a Game or Service on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

24.3. Maintenance and Support

Queen is solely responsible for providing any maintenance and support services with respect to the Games and Services, as specified in this Agreement (if any) or as required under applicable law. Queen and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game and Services.

24.4. Warranty

Queen is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Game or Service to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Game or Service (or any part thereof) to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Games and Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Queen’s sole responsibility.

24.5. Product Claims

Queen and you acknowledge that Queen, not Apple, is responsible for addressing any claims of you or any third party relating to a Game and Service, or your possession and/or use of the Game or Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Game or Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Queen’s liability to you beyond what is permitted by applicable law.

24.6. Intellectual Property Rights

Queen and you acknowledge that, in the event of any third-party claim that a Game or Service, or your possession and use of the Game or Service infringes the third party’s intellectual property rights, Queen, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such an intellectual property infringement claim.

24.7. Legal Compliance

You once again represent and warrant that (i) you are not located in a country that is subject to United States Government embargos, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

24.8. Developer’s Name and Address

Queen’s contact information for any end-user questions, complaints or claims with respect to the Games and Services are the following:

Queen Interactive Games Ltd., a company under the laws of the Republic of Cyprus, with registered address at: 94, Amathoundos Avenue, Alexander Diamant, Agios Tychonas, 4532, Limassol, Cyprus.
Email: legal@queengames.com

24.9. Third-Party Terms of Agreement

You must comply with applicable third-party terms connected to the Agreement when using a Game or Service.

24.10. Third-Party Beneficiary

Queen and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.