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Terms and Conditions
Last Modified: November 28th, 2018
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. LICENSE AND RESTRICTIONS.
Subject to these Terms, Arcanium Studios grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Arcanium Studios’s express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other "hidden text" utilizing “Arcanium Studios,” its affiliates, partners or artists without Arcanium Studios’s express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, “hacking” the Services, or infringing the intellectual property or other proprietary rights of Arcanium Studios or third-parties.
Additionally, where the Services are a downloadable game and/or application (“App”), Arcanium Studios grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.
The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.
2. THIRD-PARTY PRODUCT, SERVICES AND LINKS.
The Services may include hyperlinks to other websites over which Arcanium Studios has no control. Arcanium Studios is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
3. ACCESS TO THE SERVICES.
You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a social networking service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Arcanium Studios does not authorize use of automated methods to sign up for an Account, and Arcanium Studios reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.
4. IN-GAME VIRTUAL CURRENCY AND VIRTUAL ITEMS.
The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Arcanium Studios’s sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
You agree that all sales of Virtual Currency and Virtual Items are final. No refunds will be given, except in Arcanium Studios’s sole and absolute discretion. Arcanium Studios has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Arcanium Studios has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Any reimbursement will be at Arcanium Studio’s sole discretion. Arcanium Studios reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Arcanium Studios may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Arcanium Studios is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Arcanium Studios discontinues availability of the Service; or (d) you disassociate from the Service.
5. ONLINE CONTENT AND CONDUCT.
The Services may include opportunities, through your Account or SNS, to chat or participate in blogs, message boards, online forums and other functions that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world ("Forum(s)") links, writings, photos, graphics, or other material ("Forum Content"). All Forum Content posted by you to any Forum shall be your sole responsibility.
The Forums shall be used only in a noncommercial manner. Arcanium Studios has the right, but not the responsibility, to monitor or remove Forum Content that Arcanium Studios believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. Arcanium Studios in its sole discretion, reserves the right to restrict or disable your use of the Forums.
By submitting Forum Content to any Forum, you warrant that you have all necessary rights to submit the Forum Content without any restrictions of any kind, and grant to Arcanium Studios a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publically display and perform, make derivatives works of, sublicense, and distribute all such Forum Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-parties in the Forums, are those of the respective authors and not of Arcanium Studios or its affiliates, and Arcanium Studios is not responsible for the accuracy or reliability of same. Arcanium Studios makes no representations or warranties regarding the Forums.
All Forum Content posted by you to any Forum shall be your sole responsibility. You may not:
a) Use the Services of Forums in any manner which violates applicable laws or regulations;
b) Post or transmit any Forum Content that: (i) violates a third party's rights or dignity, including any contract, privacy, publicity or intellectual property rights; (ii) is deceptive, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful, obscene, indecent, hateful, bigoted, racist or pornographic; (iii) would constitute or encourage a criminal offense; (iv) contains any viruses, worms or similar software; or (v) includes personal information about another person without that person's consent;
c) Impersonate or falsely state or represent your identity;
d) Engage in or facilitate the transmission of unsolicited mass mailings, or "spamming";
e) Distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services;
f) Collect personal data about others for unlawful, commercial, or any other unauthorized purposes;
g) Access, or attempt to gain access to, another user’s account without authorization;
h) Promote, encourage, or take part in any activity involving hacking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit virtual currency/items;
i) Use any game hacking/altering/cheating software or tools;
j) Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, or otherwise interfere with the Services; or
k) Reverse engineer, decompile, or modify, or attempt to modify, any part of the Service.
You understand that you may be exposed to Forum Content and actions from other users that are indecent, explicit, offensive, or which otherwise violates these Terms (“Inappropriate Activity”). You can report actual or suspected Inappropriate Activity to info@ArcaniumStudios.com. Arcanium Studios reserves the right, in its sole discretion, to take any action against Inappropriate Activity that Arcanium Studios believes to be harmful, offensive, or otherwise violates these Terms. You agree that Arcanium Studios will not be liable to you or any third-party in any way for Forum Content, Inappropriate Activity, or for any damage or loss therefrom.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the “Arcanium Studios Content”) shall remain in Arcanium Studios and/or its suppliers, and are protected by the copyright laws of the United States, Egypt, and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Arcanium Studios Content are trademarks, registered trademarks or trade dress of Arcanium Studios or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Arcanium Studios Content without prior written consent from Arcanium Studios.
The Services may allow you to create content (“Your Content”) that incorporates the Arcanium Studios Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Arcanium Studios retains all rights, title and interest in and to the Arcanium Studios Content. You retain all rights to Your Content; provided, however, that Arcanium Studios shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Arcanium Studios's use of Your Content.
7. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
ARCANIUM STUDIOS MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE SERVICES ARE PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, ARCANIUM STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE ARCANIUM STUDIOS SERVICES IS AT YOUR SOLE RISK.
ARCANIUM STUDIOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT ARCANIUM STUDIOS IS NOT LIABLE, AND YOU AGREE NOT TO HOLD ARCANIUM STUDIOS LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
You agree to hold harmless, indemnify and defend Arcanium Studios, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or Services, your use of the Forums and Services, your connection to the Forums and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, Arcanium Studios reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will automatically terminate if you fail to comply with any term hereof. You and Arcanium Studios have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 5, 6, 11, 13, and 14 shall survive any termination.
10. NO ASSIGNMENT.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Arcanium Studios's express written consent.
11. ARBITRATION AND DISPUTE RESOLUTION.
These Terms and all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, Forum Content, Inappropriate Content, Your Content, or your use of the Software or Forums shall be governed by the laws of England and Wales. You and Arcanium Studios agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, or your use of the Services or Forums shall be final and binding arbitration. The arbitration shall be conducted under the rules of the ICC International Court of Arbitration ("ICA"). To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings shall be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Arcanium Studios); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Arcanium Studios). You and Arcanium Studios must commence an arbitration by filing a demand for arbitration with the ICA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (if applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law). Both parties will be responsible for their respective arbitration fees.
12. INFRINGEMENT NOTIFICATION.
Any claims related to the Services should be addressed to:
Legal Department - Arcanium
Future Smart Solutions (AHCCinc)
8. Dr. Abdel Hameed Shoman Street
Nasr City, Cairo, Egypt
Arcanium Studios does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide Arcanium Studios with feedback or other ideas, you agree that Arcanium Studios is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.
CONTACT US. If you have questions regarding these Terms, please contact us at:
E-mail: info@Arcanium Studios.com
1. What kind of personal information does Arcanium Studios collect?
We aim to minimize how much personal information we collect from users when they play the Games or use the Websites. We collect the personal information that you voluntarily provide to us (e.g. email addresses you give us to subscribe to our Newsletters (as defined below), but most of our data collection is limited to the following types of data, which do not identify you personally but may uniquely identify the device you are using to play to the Games or use the Websites ("Device"). In some countries, this type of data may be considered as personal information: "Advertising ID", which means the resettable and unique identifier associated with your mobile phone or tablet that is used by advertisers for ad tracking. "Location Information", which means general information about the location from which you’re playing the Games or using the Websites (e.g. IP address, country, and city). "Device Information", which means technical information about your Device. When we refer to Device Information, this means your Device ID, your internet service provider (ISP), your browser and browser plug-in types, operating system and operating system version, jailbreak information, network information, the brand and manufacturer of your Device, the language you’ve set for your Device, the version of the Game installed on your Device, and the name of your carrier.
When You Play the Games
When you install our Games, you may will be asked to provide your age. We use this information to for better targetting.
Advertising IDs, Location Information, and Device Information
Analytics – for more information, please see Section 4.
Information from Connected Facebook Accounts
In some of our Games, you may connect your Game account to your Facebook account so that you can keep up with your friends’ progress as they play the Game. Depending on your Facebook privacy settings, we will collect your gender, age range, and which of your friends on Facebook are also playing the Game. To manage the information we receive from Facebook, you will need to follow instructions provided by Facebook and change your privacy settings.
Name and email address, Location Information, Device Information
When You Visit and Use the Websites
Name, email address, and/or phone number
Display name and email address
Please note that if you participate in the message boards, then any information you post will be public.
Advertising IDs, Location Information, and Device Information
Analytics – for more information, please see Section 4.
Name, email address, and phone number
Does Arcanium Studios Collect My Financial Information When I Make In-App Purchases? When you make in-app purchases in the Games, we do not collect or have any access to your name and billing information. This information is collected and stored by your platform (e.g. Apple’s Game Store or Android’s Google Play) or your platform’s payment processor.
2. Do third parties have access to my personal information?
Yes. Like most companies, we use tools from service providers to help us with various parts of our business ("Service Providers"), and depending on the service we need, these Service Providers may have access to your personal information. For example, we use a Service Provider’s email software to manage our Newsletter subscriptions, and if you have given us your email address to subscribe to Newsletters, then your email address will be shared with that Service Provider. We also use Service Providers for hosting, customer support, and mobile and web analytics. We contractually require all Service Providers to treat your personal information as confidential information and to only use it for the services we need. However, we do not have direct control over how Service Providers use your personal information and we cannot guarantee that our Service Providers will use your personal information as required in our contract with them. For this reason, we are not responsible for our Service Providers’ misuse of your personal information. In addition to our Service Providers, our Ad Partners may also have access to your personal information. We may also share your personal information for our legitimate business and legal purposes as described in Section 12.
3. How long will Arcanium Studios keep my personal information?
How long we store your personal information will depend on the purpose that we originally collected it. We will not retain personal information for longer than is necessary for our business or for legal requirements.
4. How is my personal information used for analytics?
As an online business, it is important for us to know how users interact with our Websites and Games. We and our Service Providers will collect your Location Information, Device Information, and Advertising IDs so that we can deliver our Game and Website services to our users, measure, analyze, and improve performance of the Games and Websites, and to continually update and develop our Games and Websites. For example, we will use this information to assess the difficulty level of Games, fix any bugs or errors in the Games, evaluate the demographic of our users, and to determine whether or not we need to support a new Device type for the Games. In addition, if you have connected your Game account to your account on Facebook, we will use the information described in Section 1 to conduct analytics.
5. How is my personal information used for advertising?
A. Ad Partner Technologies To help us keep our Games running, we show ads in our Games with the help of third-party advertising partners ("Ad Partners"). We integrate Ad Partners’ technologies into our Games which are then used by the Ad Partners to determine what kind of ads to display to you. i. Do Ad Partners Collect My Personal Information? In order to show you ads that you might interesting and/or relevant ("Targeted Ads"), Ad Partners collect and use your Advertising ID, Location Information, and Device Information. If location services are enabled in your Device settings, the Ad Partners may additionally collect your geolocation information. Because these Ad Partners’ technologies control what kind of personal information is collected from your Device and how it is used, we encourage you to review their respective privacy policies. ii. How to Opt-Out of Receiving Targeted Ads. If you do not want to receive Targeted Ads on your mobile Device, your mobile Device may give you the option to opt-out of receiving Targeted Ads on all apps on your Device. On Android Devices, you may opt-out by enabling the “Opt out of Ads Personalization” setting. On iOS Devices, you may opt-out by enabling the “Limit Ad Tracking” setting. In addition, you may be able to opt-out of receiving Targeted Ads from a specific Ad Partner. Please note that if you opt-out of receiving Targeted Ads, you will still receive contextual ads, which are non-targeted ads related to the content of the Game you are playing. B. Ads for the Games on Third-Party Websites and/or Apps In addition to running ads in our Games, we also run ads to promote our Games in third-party websites and/or apps. When we run our own ads in third-party websites and/or apps, Service Providers help us optimize and measure performance of our ads and use their own tracking technologies to track Game installs and clicks and/or impressions of our ads. In some cases, we will share your hashed or anonymized Advertising ID with our Ad Partners so that the Ad Partner can help us market and promote our Games. In these cases, Ad Partners perform as Arcanium Studios's Service Providers and we contractually require such Ad Partners to only use your personal information on our behalf. If you wish to opt-out of your personal information, being shared with Ad Partners in this way, please contact us at info@ArcaniumStudios.com.
6. Children’s personal information.
We do not knowingly collect children’s personal information without parental consent, except as permitted under applicable laws such as the U.S. Children’s Online Privacy Protection Act (COPPA) and the EU General Data Protection Regulation (GDPR). For example, Arcanium Studios, its Service Providers, and its Ad Partners may collect personal information, such as IP addresses and other persistent identifiers, from children under 16 strictly to support Arcanium Studios’s internal operations and/or legitimate interests, such as analytics and to serve children with contextual ads. If you are a parent of a child playing the Games or using the Websites, you may review or have your child’s personal information deleted and refuse the further collection of his/her personal information by contacting us at info@ArcaniumStudios.com. Please contact us at info@Arcanium Studios.com if you believe we are collecting a child’s personal information in violation of COPPA or the GDPR and we will delete this information as quickly as possible. Arcanium Studios will retain your child's information for as long as your child's account is active, or as needed to provide services. If you wish to cancel your child's account or request that Arcanium Studios no longer use the information to provide services, contact Arcanium Studios at the email address listed above. Arcanium Studios will retain and use the information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
7. Cookies and similar tracking technologies.
8. How do i unsubscribe from/opt-out of receiving newsletters?
If you wish to unsubscribe from receiving Newsletters, you can click on the “unsubscribe” link at the bottom of the email, or if you cannot find it, respond by sending back “Unsubscribe” and you will stop receiving Newsletters or for that specific Game you were subscribed to. Please allow up to 24 hours before you stop receiving Newsletters. Please note that if you are subscribed to more than one Game mailing list, you will continue to receive Newsletters for those other Games. You may also continue to receive emails unrelated to marketing.
9. Third-parties and their privacy policies.
Throughout the Websites, you may see links to third-party websites or applications. We are not responsible for the privacy practices of these third-party sites, and when accessing their sites, we encourage you to read their privacy policies.
10. Is my personal information secure?
The security of your personal information is important to us. We follow generally accepted industry standards to protect your information, both during transmission and once it is received. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. While no security system is completely secure, we and our Service Provider stake appropriate security measures to protect against unauthorized access or disclosure of the information collected by us. For Arcanium Studios, this includes, but is not limited to, ensuring that all of your information is disclosed only on a "need to know" basis and ensuring that all information collected by Arcanium Studios is done so via secured connections and protected and encrypted (using secure socket layer technology,"SSL") by industrial grade security software to guard against unauthorized access.
11. Push notifications.
After downloading a Game, you will be asked to accept or refuse push notifications. If you accept push notifications, we will collect and use push notification tokens to send you Game-specific notifications on your mobile Device. You may disable push notifications at any time by going to your Device settings.
12. Social media features and tools.
13. Sharing your personal information for business/legal reasons.
14. How do i access, manage, or update my personal information?
Please contact us at info@ArcaniumStudios.com with the subject line: “Personal Information Update”.
15. For users in the European union