These terms apply to downloading, accessing and/or using Smash Mountain games, whether on your computer or mobile device. These terms also apply to any other of our services that we may offer in connection with the Games or the Site, such as Customer Service, social media, community channels and competitions.
If you do not agree with these terms or any future version of them, you should not use and/or access our Services. Please terminate any and all access and/or use of any of our services.
There may be times when our Services, or any part of them, are not available for technical or maintenance reasons, whether on a scheduled basis or not.
For using our services, you agree that you are at least 13 years old, in case you are between 13 and 18 years old, your legal guardian has reviewed and agreed to these terms and agreed to your access to our Services.
Your nickname (“username”) is visible to other users. The user commits to choose a nickname that is available and legal. The choice of the nickname must not infringe any intellectual property rights (ex: use of a protected trademark, use of the name of a protected work…), trade name or personality rights of others. Furthermore, the username must not refer to a political orientation, ethnicity, community or religion. It must not be vulgar, offensive, discriminatory, racist or violate rights of others. It must not have a sexual or pornographic connotation.
You are solely responsible for your account and user ID. Your login and password are personal and confidential. To ensure the security of your user account, the User commits, in particular:
You understand that if you delete your account or we delete it, according to these terms, the access to any data previously associated with the account in question may be lost.
By using our services, the User commits:
You must comply with the laws that applies to the countries you access our services. If any applicable law is restrictive or prohibits you from using our services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our services.
You agree that all information provided about your access to and/or use of our Services shall remain true, accurate and complete.
You agree not to make:
We have the right to remove any uploaded content from our services if we decide in our sole discretion that it results in a violation of any part of these terms, or that it may discredit our services. However, you acknowledge that we do not necessarily actively monitor the content that is provided by people using our services, and we make no commitment to do so.
Thus, we do not control the Content posted by third parties on our services and, therefore, we do not guarantee the accuracy, integrity, suitability or quality of such content. You understand that by using our services you may be exposed to content that you may find offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any inappropriate content.
You are solely responsible for your interactions with other users of our Services.
There are functions in our app that allow users to compete with an opponent or play socially with other users, like:
By accessing and/or using our game, you agree to display your name, scores, avatar, country location, online/offline status and other related details, to any and all media (whether now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or in our marketing. You also understand and agree that such users may locate you via your email address. Please note that only your name will be shown publicly. Your email address will not be displayed. Other users will be able to locate you through your email address or social networks simply by accessing the link provided by someone else.
You agree to compensate us in accordance to the law for all losses, damages, legal actions and expenses that may arise from any violation of this term by you.
We therefore reserve the right to update these terms regularly by publishing the updated version at this address. We may do this for a number of reasons, including, but not limited to, changes in the nature of our products or services, technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any change in our terms, you should immediately stop accessing and/or playing our Services.
We may change and update our Services without notice. We do not represent or warrant the availability of our Services and we reserve the right to modify or discontinue the Services at our sole discretion without prior notice, including, for example, termination of the game or other service for economic reasons due to a limited number of users making continuous use of that game or service for a certain period of time, for technical reasons (such as technical difficulties we may experience or that may occur) or to enable us to improve the user experience. Notwithstanding anything to the contrary, you understand and agree that any and all of our Services may be terminated in whole or in part at our sole discretion without notice. You assume any and all risk of loss associated with termination of our services.
We’re not responsible for:
You acknowledge that all copyrights, trademarks and other intellectual property rights with respect to our services are owned by or licensed to us.
While you are in compliance with these terms, we will grant you a non-exclusive, non-transferable, personal, revocable and limited license to access and use our Services (but not any related object code and source code) for your own personal and private use, in each case, provided that such use is in compliance with these terms.
You must not copy, distribute, make publicly available or create any derivative work from our Services or any part of our Services unless we have first consented to this in writing.
You must not copy, distribute, make publicly available or create any derivative work of any Content that belongs to any other user of the app.
We may want to transfer all or part of our rights or responsibilities under these terms to another person without obtaining your consent. You agree that we can do this as long as the transfer does not significantly harm you. You may not transfer any of the rights we have granted you under these terms unless we first agree to do so in writing.
If any provision of this contract is disregarded or found to be invalid or unenforceable, the meaning of such provision shall be interpreted positively as far as possible and, if no practicable interpretation makes this provision possible, it shall be severed from the remainder of this contract, which shall remain in full force and effect.
A waiver of a breach or default under this contract shall not be deemed a waiver of any other breach or default. The failure of either party to enforce any term or condition of this Agreement shall not constitute a waiver unless accompanied by a clear written statement that such term or condition is waived.
This Agreement contains the entire understanding of the parties with respect to the matters contained herein. There are no promises, covenants or commitments other than those expressly set forth herein, and any other terms and conditions are disclaimed, regardless of the content, timing or method of communication. Any deviations or additions to the terms of this agreement must be made in writing and shall not be valid unless confirmed by Smash Mountain.
These terms were last updated on 11/06/2020.