Effective Date: 2022/7/18
Owner:Superlight Engine
This End User License Agreement ("Agreement") is a legal agreement between
you and the developer of the App and governs your access to and use of our
App. The “App” means mobile application created by Superlight Engine along
with any revisions, updates and/or modifications and any data, products,
services and associated materials or media supplied with the App
(collectively, the “Services”).
THE SERVICES ARE NOT TARGETED TOWARD OR INTENDED FOR USE BY ANYONE UNDER
THE AGE OF EIGHTEEN (18). IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE,
YOUR PARENT OR GUARDIAN MUST AGREE TO THIS AGREEMENT (BOTH FOR THEMSELVES
AND ON YOUR BEHALF) BEFORE YOU CAN USE THE SERVICES. BY USING THE
SERVICES, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS
OF AGE OR OLDER, (B) HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM
THE SERVICES, OR ENGAGED IN ANY ACTIVITY THAT COULD RESULT IN SUSPENSION
OR REMOVAL FROM THE SERVICES, AND (C) HAVE FULL POWER AND AUTHORITY TO
ENTER INTO THIS AGREEMENT AND IN SO DOING WILL NOT VIOLATE ANY OTHER
AGREEMENT TO WHICH YOU ARE A PARTY.
By clicking “PLAY” or by accessing or using the Services, you agree to be
bound by the Agreement. If you do not agree with this Agreement, you are
not authorized to access or use the Services for any purpose.
By using the Services, you agree to the terms of our Privacy Policy ,
which are incorporated into this Agreement and which set out the practices
concerning the information processed by the Services.
We hereby grant you a limited, revocable, non-transferable, non-exclusive
and non-sublicensable license to access and use the Services and Our
Content (as defined hereinafter) subject to the terms of this
Agreement.
Except as permitted be the clause above, you may not: (a) sell, resell our
Services and Our Content; (b) copy, reproduce, distribute, publicly
perform or publicly display Our Content, except as expressly permitted by
us or our licensors; (c) modify Our Content, remove any proprietary rights
notices or markings, or otherwise make any derivative uses of our Services
and Our Content; (d) use any data mining, robots or similar data gathering
or extraction methods; and (e) use our Services and Our Content other than
for their intended purposes. Any use of our Services and Our Content other
than as specifically authorized herein, without our prior written
permission, is strictly prohibited and will terminate the license granted
herein.
You consent to receive electronic communications from us (e.g., by posting
notices to the Services). You agree that any notices, agreements,
disclosures or other communications that we send to you electronically
will satisfy any legal notice requirements, including, but not limited to,
that such notices be in writing. You should maintain copies of electronic
communications from us by printing a paper copy or saving an electronic
copy. We may also send you promotional communications, including, but not
limited to, newsletters, special offers, surveys and other news and
information we think will be of interest to you. You may opt out of
receiving these promotional communications at any time by sending an email
to info@Superlight-engine.com.
In order to offer you more tailored services, we may provide you with a
variety of value-added services (the “Value-Added Services”) free and
paid, such as paying to remove the advertisements. The Value-Added
Services offered by us may change from time to time in its own discretion.
We may change the charges payable for the purchase of such Value-Added
Services at any time without any notice to you. You can choose whether or
not to accept the new charges prior to completing your next purchase of
the applicable Value-Added Services. The new charges will apply to your
next purchase after the new charges have been published.
The Services may include virtual currency, such as coins, points, puzzles
or other virtual item that may be earned or obtained through the Services,
subject to applicable law (collectively, the “Virtual Items”). We reserve
the absolute right, at any time and at our sole discretion, to manage,
regulate, control, modify or eliminate Virtual Items as we deem fit, and
we shall have no liability to you or any third party for the exercise of
such rights. You have a limited, personal, revocable, non-transferable,
non-sublicensable license to use solely within the Services the Virtual
Items that you have earned, purchased or otherwise obtained in a manner
authorized by us. You have no other right, tile or interest in or to any
such Virtual Items appearing or originating in the Services.
You hereby acknowledge and agree that the transfer of Virtual Items is
strictly prohibited except where expressly authorized in the Services.
Outside the Services, you shall not sell, redeem or otherwise transfer any
Virtual Item to us, any other user or any other party.
You agree that all sales of the Virtual Items are final and, except as
determined by us in our sole and absolute discretion, non-refundable. You
acknowledge and agree that upon termination of the Services for any
reason, including upon our discontinuation of the Services or applicable
portion thereof for any reason, all Virtual Items will be forfeited, and
we will have no liability to you in connection therewith.
You agree to use the Services in accordance with all applicable local,
state, national and foreign laws, treaties and regulations. You will not
violate any contract, intellectual property or other third-party right or
commit a tort, and you are solely responsible for your conduct while
accessing or using our Services.
In addition, without limitation, you will not, directly or indirectly, do
any of the following while using or accessing the Services:
1)Use our Services in any manner that could interfere with, disrupt,
negatively affect or inhibit other users from fully enjoying our Services
or that could damage, disable, overburden or impair the functioning of our
Services in any manner;
2)Engage in any harassing, threatening, intimidating, predatory or
stalking conduct;
3)Attempt to circumvent any content-filtering techniques we employ or
attempt to access any feature or area of our Services that you are not
authorized to access;
4)Reverse engineer any aspect of our Services or do anything that might
discover source code or bypass or circumvent measures employed to prevent
or limit access to any part of our Services;
5)Develop or use any third-party applications that interact with our
Services without our prior written consent, including any scripts designed
to scrape or extract data from our Services;
5)Use our Services for any illegal or unauthorized purpose, or engage in,
encourage or promote any activity that violates this Agreement.
The Services, and the text, graphics, images, photographs, videos,
illustrations, trademarks, trade names, service marks, logos, slogans and
other content contained therein (collectively, the “Our Content”) are
owned by or licensed to us and are protected under both United States and
foreign laws. Except as explicitly stated in this Agreement, we and our
licensors reserve all rights in and to our Services and Our Content.
We also respect your intellectual property rights. If you believe that
your work has been improperly infringed by the Services, you may notify us
by sending emails to info@Superlight-engine.com. Please see 17 U.S.C.
§512(c)(3) for the requirements of a proper notification. Also, please
note that if you knowingly misrepresent that any activity or material on
our Services is infringing, you may be liable to us for certain costs and
damages.
You understand that we, in our sole discretion, may modify or discontinue
or suspend your right to access any of the Services at any time. Further,
We, with or without any reason, may at any time suspend or terminate any
license hereunder and disable the Services or any of its component
features. You agree that we shall not be liable to you or any third-party
for any termination or disabling of the Services.
All licenses and other rights granted to you by this Agreement will
immediately terminate upon termination of your right to use our Services
or our termination of the Services. This Agreement will survive and
continue to apply after any suspension, termination, or cancellation,
except that your access rights and other rights as a user will be
suspended, terminated or cancelled, respectively.
The Services may contain links to websites, applications or other products
or services operated by other companies (the "Third Party Services") which
be provided solely as a convenience to you. We do not endorse, monitor,
have any control over or be responsible for these Third Party Services,
which have separate terms of use and privacy policies. Your dealings with
any third parties or advertisers found on or accessible through the
Services are solely between you and such third party and at your own risk
for which we shall be have no responsibility. If there is a dispute
between you and any such third party, you understand and agree that we
shall be under no obligation to become involved.
WHILE WE ENABLE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT
RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND WE ARE
NOT A PARTY TO INTERACTIONS, AND ARE NOT RESPONSIBLE FOR INTERACTIONS THAT
MAY OCCUR BETWEEN USERS, WHETHER ONLINE OR OFFLINE.
YOUR USE OF THE SERVICES AND OUR CONTENT IS AT YOUR SOLE DISCRETION AND
RISK. THE SERVICES AND OUR CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND OUR
CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF
PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (A) THE
SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE
SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OUR CONTENT OR ITS
APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (B) THAT THE SERVICES
WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED.
NO ADVICE OR INFORMATION PROVIDED TO YOU BY US WILL CREATE ANY WARRANTY
THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT
PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT
THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT
THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW.
You will indemnify, defend, and hold harmless Our Parties from and against
any and all claims, causes of action, demands, liabilities, losses, costs
or expenses (including, but not limited to, reasonable attorneys’ fees and
expenses) arising out of or relating to any of the following matters:
1)your access to or use of the Services, or Our Content;
2)your violation of any of the provisions of this Agreement;
3)any activity conducted by you or any other person accessing the Services
through your devices, including, without limitation, negligent or wrongful
conduct;
4)your conduct in connection with our Services; or
5)your violation of any third-party right, including, without limitation,
any intellectual property right, publicity, confidentiality, property or
privacy right.
We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in
which event you will cooperate with us in asserting any available
defenses.
IN NO EVENT WILL WE, OUR LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS,
DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES,
(COLLECTIVELY, “OUR PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM
RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT
OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH
OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE OF THE SERVICES, OR OUR CONTENT, WHETHER THE
DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
IF YOU ARE DISSATISFIED WITH THE SERVICES, OUR CONTENT, OR THIS AGREEMENT,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF
THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE
CUMULATIVE LIABILITY OF OUR PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT YOU PAID US TO
ACCESS OR USE THE SERVICES IN THE MOST RECENT THREE-MONTH PERIOD, OR (II)
$50.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS,
SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT
WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW.
This Agreement and our relationship with you will be governed by the laws
of the State of California, excluding its choice of laws rules. You and we
each irrevocably agrees that any Dispute between the parties shall be
resolved on an individual basis exclusively in the U.S. District Court for
the Northern District of California, or the state courts located in Santa
Clara County, California. You and we each irrevocably consents to the
personal jurisdiction of these courts and waives any and all objections to
the exercise of jurisdiction by these courts and to this venue.
Notwithstanding the foregoing, however, you and we agree that we may
commence and maintain an action or proceeding seeking injunctive or other
equitable relief in any court of competent jurisdiction. If any provision
of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties’ intentions as reflected in the provision, and
the other provisions of the Agreement remain in full force and effect.
If any provision of this Agreement is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions, which shall remain in
full force and effect.
A provision of this Agreement may be waived only by a written instrument
executed by the party entitled to the benefit of such provision. Our
failure to exercise or enforce any right or provision of this Agreement
will not constitute a waiver of such right or provision.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and us as a result of this Agreement or
use of the Services.
This Agreement (including the Apple Device Additional Terms which apply to
users of our iOS App) constitutes the entire agreement between you and us
relating to your access to and use of the Services.
The heading references herein are for convenience purposes only, do not
constitute a part of this Agreement, and shall not be deemed to limit or
affect any of the provisions hereof.
If you have any questions about this Agreement or our information-handling
practices, please contact us via info@Superlight-engine.com.
If you access an App via a mobile device or tablet branded by Apple, Inc.
(“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms
(“Apple Device Additional Terms”) are hereby made part of this
Agreement:
Conflicting Terms. If these Apple Device Additional Terms conflict with
any other provision of this Agreement, then the Apple Device Additional
Terms shall control with respect to access and use of the Services via an
Apple Device.
Agreement with Us, Not Apple. You acknowledge that this Agreement is an
agreement between we and you, and not with Apple. We, not Apple, is solely
responsible for any App you access via your Apple Device (“iOS App”) and
the content thereof. If this Agreement is less restrictive with respect to
an iOS App or otherwise conflict with, the Apple App Store Terms of
Service (the “App Store Terms of Service”), the App Store Terms of Service
shall apply to the extent of any conflict.
Scope of License. The license granted to use an iOS App is limited to a
non-transferable license to use the App on an Apple Device that you own or
control and as permitted by the usage rules set forth in the App Store
Terms of Service.
Maintenance and Support. You acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to
any iOS App. If we decide (in our sole discretion) to provide support and
maintenance services for an iOS App, we are solely responsible for
providing such services.
Warranty. In the event of any failure of the an iOS App to conform to any
applicable warranty provided by us in this Agreement, you may notify Apple
and Apple will refund the purchase price for the iOS App (if any) and, to
the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the iOS App and any other
claims, losses, liabilities, damages, costs or expenses attributable to
any failure to conform to any warranty is our sole responsibility.
Notwithstanding the foregoing, we are not obligated to provide any
warranty with respect to an iOS App and you acknowledge and agree that
this paragraph will not have any effect on the warranty disclaimers
provided in this Agreement.
Product Claims. You hereby acknowledge that we, not Apple, is responsible
for addressing your or any third-party claims relating to an iOS App
and/or use of an iOS App, including, but not limited to: (i) product
liability claims; (ii) any claim that an iOS App fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation. Note that, pursuant to the
limitation of liability provision set forth in this Agreement, this
Agreement will not limit our liability beyond what is permitted by
applicable law.
Intellectual Property Rights. You acknowledge that, in the event of any
third-party claim that an iOS or your possession and use (in accordance
with this Agreement) of an iOS App infringes that third party’s
intellectual property rights, we, not Apple, is solely responsible for the
investigation, defense, settlement and discharge of any such intellectual
property infringement claim.
Legal Compliance. You represent and warrant that (i) you are not located
in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting”
country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
Third-Party Beneficiary. You hereby acknowledge and agree that Apple, and
Apple’s subsidiaries, are third-party beneficiaries of this Agreement with
respect to any iOS App, and that, upon your acceptance of this Agreement,
Apple has the right (and deemed to have accepted the right) to enforce
this Agreement against you with respect to the iOS App as a third-party
beneficiary thereof.
Questions or Complaints. Please address your questions, complaints or
claims with respect to an iOS App to us at the contact information
herein.