The conditions of this contract ("Terms of Service") govern the relationship between you and Sea Dreams Games (hereinafter "SDG") with respect to your use of the game (hereinafter the "Service") that has been developed by SDG and downloaded by you on your compatible device through those means approved by SDG.
At the time you install, use or otherwise access the service you are accepting these Terms of Service. In the event that you decide not to accept these Terms of Service, we ask you to refrain from performing the installation, use or access to the Service.
1. Limited License to Use the Service
SDG grants a non-exclusive and non-transferable license to use the service (and its possible updates) for a personal and non-commercial use. Accordingly, and as long as there is no written express consent from SDG, you agree not to use the Service for any other purpose nor to sublicense, rent, publish, copy, adapt, modify, translate, apply reverse engineering, decompile or disassemble any part of the Service, except in the way that is legally permitted by applicable law.
The Service license will take effect at the time you install, use or access the Service, at which point you accept these Terms of Service.
SDG reserves the right to remove or claim any user name at any time and for any reason, including, among others, if a third party claims that a user name violates their rights.
2. Use of the Service
In the event that use of the Service requires information related to a login, you agree to keep it secret and notify immediately SDG if you know or suspect that security could have been breached through unauthorized access to the Service by a third party or if that information has been stolen or disclosed.
In the event that the Service offers online features, you agree to assume the cost associated with the use of these features due to the use you make of the Service, including the fact that such features may be used by third parties. These costs will vary depending on certain factors, such as the device used, your own use of the Service and the provider you have for your Internet connection.
Depending on the country, the functionalities of the Service may vary, therefore, if you modify your account and link it to another country, you may have to accept the Terms and Conditions of that country to continue using the Service.
3. User Generated Content
SDG may include in the Service the possibility to create, publish, upload, share or send content created and customized by users. This content can be any type of communication, message, image, text, sound, information or data.
SDG is not responsible for any content created and shared by the user, nor has the obligation to control it, although it may block or eliminate it if it is considered illegal or inappropriate.
Also, in the event that during the use of the Service you decide to create, publish, share, transmit or send content created by the user, SDG grants the exclusive, without fee, perpetual and freely transferable right to publish, reproduce or share that content as stipulated in the Service that you use to publish, facilitate or send the content, except for all content created by users that is related to messages and/or communications of a private nature.
We recommend that you do not include in the content created by users any personal information that is confidential, as you accept that, depending on the functionalities of the Service, that content may be viewed, published, reproduced or modified by third parties.
4. Rules for the use of the Service
At the time you use the Service, you must comply with the SDG rules of use that prohibit any type of illegal, harmful or inappropriate conduct, such as:
- Carry out any action that, in the opinion of SDG, conflicts with the spirit or purpose of the Service or makes any improper use of SDG services.
- Create, share or reproduce copies or new versions of the Service that are not authorized, whether total or partial;
- Any type of illegal, fraudulent, offensive, obscene, defamatory or reprehensible act carried out through or in connection with the Service;
- Try to extract the source code of the Service and/or use the automation software, ghost users (bots), attacks (hacks), new parameters (mods) or any other type of software from an unauthorized third party that is designed to modify the Service in whole or in part;
- Perform or obtain any type of access that is not authorized to the hardware, equipment, servers or networks used to support the Service; likewise, to intercept, emulate or apply reverse engineering to any part of the Service, as well as to redirect the different communication protocols used by SDG to support the Service, regardless of the means used to do so;
- Perform any type of commercial or advertising activity using the Service;
- Publish, send or provide through the Service certain content or private information that includes personal data of third parties without their authorization or that violates the rights of third parties, such as patents, copyrights, business secrets, trademarks, right to privacy, supplant any person, image rights or intellectual property rights.
- Initiate, assist or participate in any type of attack, including, among others, the distribution of a virus, denial of service attacks regarding the Service or other attempts to interrupt the Service or the use or enjoyment of the Service by any other person.
- SDG reserves the right to determine which behavior is contrary to the rules of use in its judgment or does not conform to the purpose or spirit of these Terms of Service or the Service itself. SDG reserves the right to take actions accordingly, which may include the termination of your Account and the prohibition to use the Service.
5. Communication functions in the background
If the Service offers online functionality and the device used to use the Service has an Internet connection, the Service may establish background communications with other compatible devices to receive software updates and receive the content of the Service always routed so that the user has and enjoys the functionalities of the Service.
If you wish to deactivate the communication functions in the background, you can do so by accessing the configuration of your device or of the Service.
6. Service updates
You understand that the Service object of this contract is in continuous evolution, reason why SDG may require you to accept updates of both the Service and the SDG games that have been installed on your device. For this purpose, you acknowledge and agree that SDG could make updates to the Service and its games, with or without prior notice. On occasion, and in order to continue receiving the Service, an update of third-party software may be required.
7. Virtual Objects
The Service can enable the user to acquire or use certain digital elements to be used in the Service itself (the "Virtual Objects"). If you acquire Virtual Objects, SDG will place them at your disposal with a license so that you have the right to change them or exchange them for other Virtual Objects in the Service. The Virtual Objects may be used exclusively in the corresponding Service, not being able to be transmitted to third parties (except in those cases in which it is expressly authorized in the Service), nor exchanged for any element outside the Service.
Only a license to use Virtual Objects can be obtained through SDG or authorized third parties. The acquisition of Virtual Objects will be done in accordance with the corresponding service conditions.
SDG is the owner, licensee or has the right to use all the content that appears in the Service or in SDG games. You agree that you do not own any rights or entitlements in and about any content appearing in the Service including, among others, the Virtual Objects that appear or originate in any SDG game.
You accept the payment of any applicable fees and taxes in which both you and anyone who has access to and uses an account registered in your name, have incurred. At any time, SDG reserves the right to review the prices of the Service. You agree that SDG is not obliged to make refunds.
9. Intellectual Property
SDG does not grant any rights in relation to the Intellectual Property of Sea Dreams Games and reserves all rights related to this Intellectual Property. In particular, the Intellectual Property of SDG refers to the intellectual property of the mechanics of the game, registered and unregistered trademarks, service marks, titles, computer codes, themes, objects, characters, stories, dialogues, slogans, design, graphic material, animations, sounds, musical compositions, audiovisual effects, operating methods, moral rights, documentation, transcripts of conversations within the game, logos, registered and unregistered drawings, database rights, copyrights, patents, inventions, characters, technical knowledge, business secrets, confidential and restricted information that has been created by SDG, that belongs to SDG or may require a license for use.
10. Responsibility of SDG
In case SDG does not comply with the conditions contained in this document, it must compensate the possible damages and losses of the foreseeable result according to its negligence or non-compliance. SDG rejects any liability associated with damages, losses and/or damages that are not foreseeable. These will be foreseeable when they have been clearly produced by a breach of SDG, as well as when they are foreseen by both parties at the moment of acceptance of these Terms of Service.
The Service is exclusively for personal recreational use and not for commercial use, so SDG will not be liable for any indirect, secondary, punitive or similar damage, including, among others, damages for a possible loss of revenues, loss of profits, loss of data or of possible commercial opportunities, a loss or suspension of commercial activity, or other intangible losses that relate in any way to these Terms of Service or to the Service itself, and independently that may be based on a possible contract, as well as in an illegal non-contractual act or in some legal theory.
In addition, SDG does not exclude or limit its liability for fraud or gross negligence, forgery, death or injury, legal breach associated with the description, quality and suitability for its purposes of the Service, breach of the legal conditions on ownership of SDG with respect to the Intellectual Property of SDG and the Service, and finally to the responsibility of the manufacturer.
You agree to indemnify, defend and hold SDG harmless (and our employees and directors) from any type of claim, complaint, damages or other losses, including attorneys' fees, claimed by any third party as a result of your use of the Service, or any breach you make to these Terms of Service, although the previous will not apply if the infringement of rights can´t be attributed to your intentional or negligent behavior.
11. Contract resolution
The user has the possibility of resolving this contract at any time using all the means approved by SDG (including the functionalities used to download the Service), as well as contacting us directly by email at email@example.com.
SDG may terminate this agreement or part of it if the user has breached the terms of this document, case in which your license to use the Service or a part of it will automatically end. In this case, SDG will not be required to make refunds, provide benefits or any other compensation to users in relation with these interrupted Services. The termination of your account may include disabling your access to the Service or any part of it, including any content that you or others may have submitted. If the user's behavior is not manifestly unacceptable (understood as the one that violates the rules of use of SDG, as well as other provisions of this contract), SDG may warn the user when a small gap has occurred to give him the opportunity to correct it.
At any time, and always giving reasonable notice period, SDG may terminate this contract or part of it for technical, legal or commercial reasons.
12. Applicable legislation
The contractual relationship between the parties of this Contract will be governed in accordance with Spanish law. Except where prohibited, you agree that any claim or dispute you may have against SDG must be resolved exclusively by a court located in Madrid (Spain).
13. Customer Service
If you have any questions about these Terms of Service or you have any kind of notification, please email us at firstname.lastname@example.org.
14. General provisions
SDG may publish additional policies that are related to other specific services such as contests, forums or loyalty programs. These specific policies, together with these Terms of Service, will determine the right you will have to use this type of service subject to these policies.
These Terms of Service as well as any complementary policy and any type of document that may be incorporated herein by reference (including SDG's Privacy and Cookies Policy), contain the total agreement between you and SDG, and therefore in relation to the object of this agreement, they replace any prior agreement of the parties.
SDG will not be responsible for delays or failures as a result of force majeure beyond the reasonable control of SDG including, among others, acts of God, floods, accidents, wars, terrorism, civil or military authorities actions, fires, strikes and/or seizures.
Appendix: use on Apple devices
If you use the Service on any device provided by Apple, Inc. ("Apple"), the following conditions apply:
- The Service will be used according to the App Store Terms of Service.
- The parties agree that Apple is not obliged to perform any type of support or maintenance related to the Service.
- The parties accept that Apple is not responsible for potential claims of third parties related to any use of the Service that violates any intellectual property rights of a third party.
- The parties acknowledge and agree that both Apple and its subsidiaries are third-party beneficiaries of these Terms of Service, for which reason they will be entitled to assert them to you.