TERMS OF USE

Thank you for using our app! The purpose of these Terms of Use is to explain our duties as a service provider and your duties as users.

This document is linked to any use of our services and applies from the first use of the app. By registering to use our services, we assume you have read, understood and agreed to these Terms of Use. 

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.

These terms of use constitute a legally binding contract between you and us. In order to register and play on the application, the User must have expressly accepted these Terms of Use, confirming that he/she has read and agreed to all the provisions herein. These terms are a legal contract and contain important information about your rights and obligations in relation to our Services.

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.

In addition, you agree that by accessing and/or using our Services, you are accepting these terms as well as our Privacy Policy.

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:

• Not to disclose your login ID or password to third parties;
• Take all necessary precautions to prevent third parties from gaining access to it;
• Not to play in third party’s User Account;
• Not to lend, share, exchange, donate, buy, transfer and sell any user accounts.
• In case of fraudulent use of your User account and/or password, or in case of loss or theft of your identifiers and/or password, the User undertakes to immediately inform Smash Mountain.

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.

This contract necessarily incorporates Smash Mountain’s Privacy Policy, which describes how we collect and use your personal information in connection with the use of our services.

Smash Mountain collects, processes, uses and shares your personal data, according to our Privacy Policy and as set forth in these terms. If you do not agree with our Privacy Policy, please do not download and access our game or access and/or use our services in any other way.

By using our services, the User commits:

• Not to use our services to harm others, commit crimes or harass anyone;
• Not to create more than one account per platform to access our services;
• Do not use our services for fraudulent, abusive or offensive purposes;
• Not to use our services for any commercial or business purposes or for the benefit of any third party;
• Not to interfere or disrupt our services, servers or networks, either decompile, make reverse engineer, disassemble or hack any of our services or defeat or override any of our encryption Technologies, security measures and data transmitted, processed or stored by us;
• Not to disrupt the normal game flow or act in a manner which adversely affects the ability of other players, competing fairly when playing our Games;
• Not to disobey any requirements or regulations of networks connected to our Services, nor use our Services in violation of any applicable law or regulation;
• Not to use our Services to cheat, plan or assist in cheating (for example, using automated means or third-party software to play), or otherwise take advantage of technological measures developed to control access to our services or elements of our game, or to do anything else that a reasonable person believes is not in the spirit of fair play or these terms; and
• Not to use our Services in any other manner than as permitted by these terms;
  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:

• That is or may reasonably be viewed as unlawful, harmful, offensive, defamatory, libelous, obscene or otherwise objectionable;
• That may invade the privacy of others;
• That is or could reasonably be seen to be a potential incipient of violence or racial, ethnic, religious or discriminatory hatred;
• That you do not have the right to disclose (such as inside information, information belonging to others, or confidential information);
• Infringe any intellectual property right or other proprietary right of a third party;
• Consist of any advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, unsolicited or unauthorised ‘pyramid schemes’ or any other form of indecent proposition; or
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

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:

• If you choose to play against another user or play socially with another user selected for you, randomly, by Smash Mountain;
• In situations where Smash Mountain selects another user for you to play, the choice may be random or based on criteria deemed appropriate for the selection of the opponent;
• When you play against another user or play socially with one of your contacts on a platform or social network, in which you have authorized our game to Interact. Some of these Games also allow you to invite friends to play with you (via email or social networks);
• Participate in online competitions;

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. 

If we reasonably believe that you have committed a material breach of these Terms of Use, we reserve the right to take any of the following actions, either alone or in combination, with or without notice:

• Exclude, suspend and/or modify your account or portions of your account;
• Suspend and/or terminate your access to our services;

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.

Smash Mountain reserves the right to change these Terms of Use at any time from the moment they are made available in our app. Your continued use of the application after the review date implies tacit acceptance by the user. It is worth mentioning that Smash Mountain will make every possible effort to ensure that you are properly informed of these changes, via email or notification. However, it is your obligation to ensure that you have read, understood and agreed to the most recent terms available.

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:

• Loss or damage not caused by our violation of these terms or by our negligence;
• Loss or damage that is not reasonably foreseeable to you and to us at the time you agree to these terms and conditions, including losses that occur as a side effect of foreseeable losses. This may include loss of data, loss of opportunity, interruption of service, computer or other device failure or financial loss;
• Any damage that may be caused to any device on which you access or use our game or other services, unless this damage is caused by our failure to use reasonable skill or care;
• Any increase in loss or damage resulting from your breach of any of these terms and conditions; or
• Technical failures or unavailability of any of our services within our reasonable control.

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.

If you have any questions, comments or concerns about our Terms of Use, please contact us at https://smashmountain.com/contact/

These terms were last updated on 11/06/2023.