These Terms of Service ("Terms") constitute a legal agreement between CLEVER CLASH INC and its affiliates ("Clever" or "we" or "us") and you ("you"). Affiliates encompass subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership. By installing or using any game or application developed or published by Clever, or by registering for a Clever user account (the "Service"), you signify your acceptance to be bound by these Terms. Your continued use of the Services indicates that you have read, understood and consented to these Terms. Clever reserves the right to modify the Terms at any time, and you will be required to accept the amended Terms. If you do not agree, please cease using the Services and cancel your account.
You should regularly check the Terms for updates. Continued use of the Services after alterations to the Terms implies acceptance of the changes. If you do not accept, please stop using and cancel your account. We provide the service and you will need to supply a suitable device (such as a computer, cell phone, tablet, etc.) and cover the network costs.
Violation of the Terms empowers Clever to issue a warning, terminate or suspend your account without prior notice. We also reserve the right to deny any user access to the Services without providing a reason. Clever may discontinue the Service or modify the Content at any time for any reason without incurring liability.
Utilization of the Services may necessitate the creation of a Clever user account (hereinafter referred to as the "Account") and the submission of personal information like name, date of birth, e-mail address, cell phone number, etc. The Account will be managed in accordance with the Privacy Policy. This information will be processed as per the Privacy Policy.
You are expected to provide accurate, comprehensive and current information and maintain account security. Account activity is your responsibility, including unauthorized purchases. Accounts or passwords may not be transferred.
Notify us immediately in case of any loss, theft or unauthorized use of your account or password.
If the account has not been used for an extended period (more than 120 days), we reserve the right to delete the account and game data without the possibility of recovery.
The material on the Services (such as design, text, images, videos, etc.) is safeguarded by law against unauthorized use. Clever holds the copyright and intellectual property rights in the content of the Services.
The material on the Services may not be modified, copied, distributed, reproduced, republished, downloaded, crawled, displayed, posted, transmitted, reverse engineered, or sold without the written consent of Clever.
Clever grants you a restricted license to view and use the Services solely for the purpose of viewing and using the Services and for no other objective. The license to use the Services is subject to these Terms.
You willingly employ the technology and tools provided by Clever to share personal content on the Service Platform. You expressly understand that you do not possess the right to distribute, sell, transfer or license this content and/or applications in any form in any geographical, social network or other medium without the written authorization of Clever. You authorize Clever as the operator of the Service to exercise such rights on your behalf.
All data, text, graphics, photographs and combinations thereof (collectively, "User Content") that you upload to the Services are licensed to Clever for unrestricted utilization for commercial, non-commercial and/or promotional purposes, in whole or in part. You, as the provider of the content, are solely accountable for the text, graphics and photographs that you upload.
Accordingly, users are solely responsible for their own content and Clever is not liable for any files uploaded, posted or made available by users. Clever may or may not regulate user content and does not guarantee the accuracy, quality or completeness of user content posted through its applications. By using Clever's services, you accept that you may be exposed to material that may make you uncomfortable. You agree that under no circumstances will Clever be held responsible for User Content, including, but not limited to, errors in User Content, or any loss or damage of any kind incurred as a result of the use of User Content.
Clever reserves the right to remove any User Content from the Services at any time, with or without notice.
The Services may contain virtual in-game digital items ("Virtual Items") that can be purchased from Clever using "real money". Virtual Goods cannot be exchanged for real money, physical goods, or any other item of monetary value from Clever or any other party. You understand that you do not have any rights or ownership in the Virtual Goods. Once purchased, we do not support refunds of any kind.
Clever reserves the right, at its sole discretion, to modify, manage, control and/or eliminate virtual items and prices and availability are subject to change without notice.
Clever's services may offer communication channels such as forums. The use of personal information on these channels is governed by its privacy policy, and the company bears no responsibility. The company has no obligation to monitor these channels but has the right to do so and delete any posted materials. Access to any communication channel can be terminated or suspended at any time without reason. Users acknowledge that content posted on communication channels has not been endorsed or controlled by Clever and should not be regarded as reviewed.
You agree that all communications between you and the communication channels belong to the public domain, and thus you have no expectation of privacy when using these channels. Clever shall not be liable for the information you choose to share on the communication channels or for the actions of other users.
You commit to using the service lawfully and in accordance with the terms, and not for: posting offensive information; defaming, threatening, or harassing others; uploading malicious software; infringing rights; stealing personal information; submitting false reports; developing or using cheating tools; exploiting game vulnerabilities; violating laws.
By using the Service, you consent to our collection and use of your personal information as detailed in this Privacy Policy. We may update the Privacy Policy from time to time and we suggest that you check it regularly for the latest information.
You can view, update, correct or delete your personal information by modifying your profile information on social networks or mobile platforms. If you delete all of the information, this may lead to account deactivation. If you want us to delete your system records, please contact us. As we have no legal obligation to retain them, we will strive to comply with your request.
We have implemented reasonable technical and organizational measures aimed at protecting your personal information from accidental loss and unauthorized access, use, alteration or disclosure. Please note, however, that we cannot ensure that third parties will never be able to bypass these measures or use your personal information for improper purposes.
Also, e-mail and messaging systems are not secure means of communication and it is not advisable to send us personal information through these channels. Although we will adopt appropriate security procedures in line with the Personal Data (Privacy) Ordinance of America, we are not accountable for any hacking, cracking or attempts to access the Services (including your personal information).
The Service is not intended for children under the age of 13 and we do not knowingly collect personal information from them. If we discover that a child under 13 has provided us with personal information, we will delete it as soon as possible.
You agree to use the Services at your own risk. Clever and its affiliates disclaim all warranties, express or implied, regarding the Services, including implied warranties of merchantability, fitness, non-infringement, and accuracy. Clever does not guarantee the accuracy or completeness of the Services' content or linked websites, and assumes no responsibility for errors, personal injury, unauthorized access, interruptions, third-party bugs/viruses, or content errors/omissions.
Clever and its affiliates shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, including lost profits or data loss, arising from your use of the Services. These limitations apply regardless of legal theory, and even if Clever has been informed of potential damages. Clever is not liable for User Submissions or third-party conduct, and the risk of loss or damage is entirely yours.
You agree to indemnify Clever and its affiliates for any claims, damages, losses, costs, and liabilities arising from your use of the Services, violation of TOS, infringement of third-party rights, damage caused by your User-Submitted Content, or loss/damage from content posted/shared by you on/through the Services.
The TOS and any rights and licenses granted hereunder may not be transferred by you, but may be transferred or assigned by Clever without limitation.
By accessing or using the Services, you agree that the laws of America, without considering principles of conflict of laws, shall govern these Terms of Service, the Privacy Policy, and any dispute that may arise between you and Clever. Any claim or dispute between you and Clever arising out of your use of the Services shall be resolved exclusively by a court of lawful jurisdiction located in America, and you agree and waive all defenses of lack of personal jurisdiction and forum non convenience in America.
The foregoing, however, shall not prevent Clever from pursuing all available remedies in the event that Clever seeks injunctive relief in a dispute or brings an action to avoid the expiration of the statute of limitations or to enforce a judgment of an American court.
Clever reserves the right to modify the TOS at any time without notice. It is your responsibility to check this TOS for any changes. Your continued use of Clever following any revisions to the TOS indicates your agreement and acceptance of the revised terms. You and Clever agree that any action arising out of or related to the Service must be initiated within one year after the action arises or it will be permanently barred.
Clever reserves the right to suspend or terminate the Services to you at any time without notice for security reasons or as otherwise necessary.
If you have any questions regarding this Terms of Service, the Privacy Policy or your personal information, please contact us at [email protected].
If you have questions about what personal information is held and how it is used, you can contact our Data Protection Officer at the same email address as above. You have the right to request a copy of the personal information we hold about you (for which we may charge a small fee) and to have inaccuracies in the information corrected.
