Effective Date: June 20, 2021.
These terms of service (“TOS”) apply to you and Silversun Solutions Pty Ltd, address 415 Penshurst St Chatswood, NSW, Australia, (“Silversun Solutions”) regarding your use of Silversun Solution’s game Dizzy Dwarves and its website (“Services“). Use of the Services is also governed by Silversun Solutions’ Privacy Notice available at https://www.dizzydwarves.com/privacy, which is incorporated by reference.
As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.
By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.
Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.
If you access the Services from a social networking site (“SNS“), such as Facebook, you agree to comply with its terms of service as well as these TOS.
Silversun Solutions may issue additional policies related to specific components of the Services (including, but not limited to, contests or sweepstakes). Your right to use the Services is subject to such relevant policies and these TOS.
Subject to these TOS, Silversun Solutions hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as previously set forth, you do not receive any other license. Silversun Solutions retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Silversun Solutions’ prior written consent. Silversun Solutions reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service.
Silversun Solutions may license to you certain benefits to be used within the Service and which you may purchase with “real world” money. Any purchases are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
The transfer of purchases is prohibited except where expressly authorized in the Services, as applicable. Neither Silversun Solutions nor any other person or entity has any obligation to exchange your purchases for anything of value. Silversun Solutions is not liable for hacking or loss of any purchases.
Price and availability of any purchases are subject to change without notice.
By law, all purchases made through the Services are final and non-refundable. You acknowledge and consent that the provision of any benefits in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
Accordingly, you agree that Silversun Solutions is not required to provide a refund for any purchases for any reason. You further acknowledge that you will not receive money or other compensation for any unused purchase, regardless of whether your loss of license under these TOS was voluntary or involuntary.
If you ask for your personal data to be deleted as described in Silversun Solutions’ Privacy Notice, you may permanently forfeit all of your purchases without the right to refund, as Silversun Solutions will no longer be able to associate any purchases with you.
You agree that you will not, under any circumstances:
Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which Silversun Solutions is not a party.
Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). In this event, you may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information“). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. Silversun Solutions may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.
Silversun Solutions reserves the right, completely at its discretion, to delete your Account if Silversun Solutions observes no activity by you for an extended period of time. In such event, you may no longer be able to access and/or use any purchases associated with that Account and no refund will be offered to you.
The Services may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively “User Contributions”).
In exchange for use of the Services, you hereby grant Silversun Solutions a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Silversun Solutions’ and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to Silversun Solutions, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS.
Silversun Solutions, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Silversun Solutions or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by Silversun Solutions without compensation to you or any third party and you grant Silversun Solutions a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.
Silversun Solutions assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Silversun Solutions does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. Silversun Solutions may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.
Silversun Solutions reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time Silversun Solutions chooses, at its sole discretion, to monitor the Services, Silversun Solutions nonetheless assumes no responsibility for content made available by users of the Services, and Silversun Solutions assumes no obligation to modify or remove any inappropriate content.
Without limiting any other remedies available to Silversun Solutions, if Silversun Solutions believes that you are in breach of these TOS, Silversun Solutions reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.
Silversun Solutions may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if Silversun Solutions believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these TOS.
Silversun Solutions reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Silversun Solutions does not have to provide refunds in connection with such discontinued Services.
To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. Silversun Solutions does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Silversun Solutions does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Silversun Solutions, its employees or other representatives constitute a warranty.
Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.
In no way will Silversun Solutions be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Silversun Solutions has been advised of the possibility of such damages. For purposes of Article 12 “Limitations of Liability,” Silversun Solutions’ licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.
In no way will Silversun Solutions´ total aggregate liability arising out of or in connection with these TOS, the Privacy Notice or the Services exceed the actual price (if any) you paid for any purchases in the Services. The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Silversun Solutions and you.
Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.
You agree to indemnify, defend and hold Silversun Solutions (and Silversun Solutions´ officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
Please include all of the following in your DMCA notice:
Include the following statement in the body of the DMCA notice:
“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”
If you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by us or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Silversun Solutions.
Silversun Solutions may update these TOS from time to time in response to changing legal, technical or business developments. When Silversun Solutions updates these TOS, Silversun Solutions will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes Silversun Solutions makes.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
These TOS are governed by the laws of Australia. If you are a resident outside of Australia, you agree that all disputes between you and Silversun Solutions shall be governed by the laws of Australia, regardless of conflict of law provisions. You agree that any claim or dispute you may file against Silversun Solutions must be resolved exclusively by a court located in Sydney, Australia.
If the jurisdiction of your domicile prohibits Silversun Solutions from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.
Silversun Solutions may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Notice without Silversun Solutions’ prior written consent, and any unauthorized assignment and delegation by you is void.
If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Silversun Solutions’ failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
This TOS and Privacy Notice set out the entire agreement between you and Silversun Solutions regarding the Services and supersede all earlier agreements and understandings between you and Silversun Solutions.
Any failure by Silversun Solutions to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of Silversun Solutions.
If you have any questions about these TOS, please contact firstname.lastname@example.org.