Terms of Service

Terms of Service

These Terms of Service ("Terms") are a legal agreement between Sveer

Inc. ("Sveer" or "we") and you ("you"). By using or accessing any

Sveer game or application ("Service") you agree to be bound by these

Terms. By accessing or using the Service, you agree that you have read,

understood, and agree to be bound by the Terms. Sveer reserves the right,

in its sole discretion, modify or revise these Terms at any time, and you agree to

be bound by such modifications or revisions. If you do not agree to the Terms, do

not use the Service.

Users are responsible for periodically reviewing the Terms. Your continued use of

the Service after a change or update has been made constitutes your acceptance

of the Terms. If you do not agree to the Terms, your only remedy is to discontinue

your use of the Service and cancel any accounts associated with the Service that

you may have.

You represent that you are 13 years old or older. If you are between the ages of 13

and 18, you represent that your legal guardian has reviewed and agrees to the

Terms.

If Sveer, in its sole discretion, believes you may have violated the Terms,

Sveer reserves the right to issue a warning or, in its sole discretion,

immediately terminate or suspend any and all accounts you have connected with

the Service . You agree that Sveer need not provide you notice before

terminating or suspending your account(s). If your account is suspended, you

recognize and agree that you may lose forever data User Content (as defined

herein) you have input into the Service as well as points or Virtual Currency (as

defined herein) associated with the Service. You accept and agree that this may

occur.

Sveer reserves the right to refuse any user access to the Service without

notice for any reason, including, but not limited to, a violation of the Terms.You

agree that Sveer may discontinue the Service or change the content of the

Service at any time, for any reason, with or without notice to you, and without

liability. You agree that in connection with doing so, you may lose forever User

Content you have input into the Service as well as points or Virtual Currency

associated with the Service. You accept and agree that this may occur.

 

Intellectual Property/Ownership

All materials that are part of the Service (including, but not limited to, designs, text,

graphics, pictures, video, information, applications, software, music, sound and

other files, and their selection and arrangement) are protected by law from

unauthorized use. The entire contents of the Service are copyrighted under the

United States copyright laws and/or similar laws of other jurisdictions.

You agree that no materials that are part of the Service may be modified, copied,

distributed, framed, reproduced, republished, downloaded, scraped, displayed,

posted, transmitted, or sold in any form or by any means, in whole or in part, or

otherwise exploited without Sveer’s express prior written permission, except

that the foregoing does not apply to User Content (as defined below) that you

legally post on the Site. All uses of copyrighted material, including any derivative

use, requires express prior written permission from Sveer. Any reproduction

or redistribution of materials not in accordance with these Terms is expressly

prohibited and may result in severe civil and criminal penalties.

Sveer and/or its licensors remain the owners of all right, title, and interest,

including copyrights and other intellectual property rights, in and to all materials

posted on the Services by Sveer. You acknowledge that you do not acquire

any ownership rights by using the Service or by accessing any materials posted on

the Service by Sveer, or any derivative works thereof.

Sveer grants you a personal, non­-exclusive, non-­transferable, revocable,

limited scope license to use the Service solely for the purpose of viewing and using

the applicable Service and for no other purpose whatsoever. Your license to use

the Services is limited by these Terms.

 

User Content

In using the Service you may submit information, including, but not limited to, data,

text, graphics, and photographs on the Service ("User Content").

Users are solely responsible for the User Content which they submit on the

Service, and by submitting any User Content you are representing that you have

all rights necessary to do so. Thus, users are responsible ­­ and Sveer is not

responsible ­­ for any User Content submitted to the Service. Sveer may or

may not regulate User Content and does not guarantee the accuracy, quality,

ownership rights or integrity of any User Content posted via the Sveer

Service. By using the Service you acknowledge and accept that you may be

exposed to material you find offensive or objectionable. You agree that

Sveer will not under any circumstances be liable for any User Content.

Sveer reserves the right to remove and permanently delete any User

Content from the Service with or without notice.

If you submit User Content, you agree that in doing so you are granting

Sveer a perpetual, royalty­free, unrestricted and transferable license to use

said User Content for any purpose whatsoever, including for commercial or

promotional uses.

You agree that you are willingly publishing the content on the Service using

technology and tools provided by Sveer. You understand and agree that you

may not distribute, sell, transfer or license this content and/or application in any

manner, in any country, or on any social network or other medium without the

explicit written permission of Sveer. You grant Sveer the right to act as

an agent on your behalf as operator of the application.

 

Points

The Service may include an opportunity for you to receive points ("Points"). Points

can never be redeemed for real money, goods, or any other item of monetary

value from Sveer or any other party. You understand that you have no right,

title or interest in Points, and that Sveer reserves the right, at its sole

discretion, to manage, control or eliminate completely the number of Points users

may have accrued at any time, and for any reason.

You agree that you will not purchase, sell, or exchange Points outside the Service.

Doing so is a violation of the Terms and may result in termination of your account

with the Service and/or legal action.

 

Rules of Conduct/Usage

Sveer may, in its sole discretion, provide communication channels such as

forums, communities, or chat areas ("Communication Channels") designed to

enable you to communicate with other users of the service. Sveer has no

obligation to monitor these communication channels, but it may do so and reserves

the right to review materials posted to the Communication Channels and to remove

information at any time, with or without notice, for any reason and in its sole

discretion. Sveer may also terminate or suspend your access to any

Communication Channels at any time, without notice, for any reason. You

acknowledge that chats, postings, or materials posted by users on the

Communication Channels are neither endorsed nor controlled by Sveer, and

these communications should not be considered reviewed or approved by

Sveer. Sveer will not under any circumstances by liable for any activity

within Communication Channels.

You agree that all your communications with any Communication Channels are

public, and thus you have no expectation of privacy regarding these

communication. Sveer is not responsible for information that you choose to

share on the Communication Channels, or for the actions of other users.

You agree that your use of the Service shall be lawful and that you will comply with

the usage rules. In furtherance of the foregoing, and as an example and not as a

limitation, you agree not to use the Service in order to:

post, upload, transmit or otherwise disseminate information that is obscene,

indecent, vulgar, pornographic, sexual or otherwise objectionable;defame, libel,

ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully,

racially, ethnically or otherwise;upload or transmit (or attempt to upload or transmit)

files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted

files or data, or any other similar software or programs that may damage the

operation of the Service or other users’ electronic devices;violate the contractual,

personal, intellectual property or other rights of any party, including, but not limited

to, using, uploading, transmitting, distributing, or otherwise making available any

information that infringes any copyright, trademark, patent, trade secret, or other

right of any party (including rights of privacy or publicity);attempt to obtain

passwords or other private information from other users;improperly use support

channels or complaint buttons to make false reports to Sveer; develop,

distribute, or publicly inform other members of "auto" software programs, "macro"

software programs or other "cheat utility" software program or applications;exploit,

distribute or publicly inform other members of any game error, miscue or bug

which may provide an unintended advantage;violate any applicable laws or

regulations, or promote or encourage any illegal activity including, but not limited

to, hacking, cracking or distributing counterfeit software or cheats or hacks for the

Service.

 

Disclaimer of Warranty; Limitation of Liability

You agree that your use of the Service is at your own risk. To the fullest extent

permitted by law, Sveer, its officers, directors, employees, and agents

disclaim all warranties, express and implied, in connection with the Service and

your use thereof, including implied warranties of title, merchantability, fitness for a

particular purpose or non­infringement, accuracy, authority, completeness,

usefulness, and timeliness. Sveer makes no warranties or representations

whatsoever about the accuracy or completeness of the content of the Service or

the content of any sites linked to the Service and assumes no liability or

responsibility for any: (i) errors, mistakes, or inaccuracies of content, (ii) personal

injury or property damage, of any nature whatsoever, resulting from your access to

and use of the Service, (iii) any unauthorized access to or use of our secure

servers and/or any and all personal information and/or financial information stored

therein [To discuss], (iv) any interruption or cessation of transmission to or from the

Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted

to or through the Service by any third party, and/or (vi) any errors or omissions in

any content or for any loss or damage of any kind incurred as a result of the use of

any content posted, emailed, transmitted, or otherwise made available via the

Service.

Sveer reserves the right, but has no obligation, to monitor and manage

disputes between you and other users of the Service. You are solely responsible

for your interaction with other users of the Service and other parties that you come

in contact with through the Service. You will cooperate fully with Sveer to

investigate any suspected unlawful, fraudulent or improper activity, including,

without limitation, granting Sveer access to any password­protected portions

of your Account. Sveer hereby disclaims any and all liability to you or any

third party relating to any dispute between you and other users of the Service.

In no event will Sveer, its directors, officers, agents, contractors, partners or

employees be liable to you or any third person for any special, direct, indirect,

incidental, special, punitive, or consequential damages whatsoever, including for

any lost profits or lost data arising from your use of the Service or other materials

on, accessed through or downloaded from the Service, whether based on

warranty, contract, tort, or any other legal theory, and whether or not Sveer

has been advised of the possibility of these damages. The foregoing limitation of

liability shall apply to the fullest extent permitted by law. You specifically

acknowledge that Sveer shall not be liable for user submissions or the

defamatory, offensive, or illegal conduct of any user or third party and that the risk

of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold Sveer, and each of its directors, officers,

agents, contractors, partners and employees harmless from and against any loss,

liability, claim, demand, damages, costs and expenses, including reasonable

attorney’s fees, arising out of or in connection with (i) your use of and access to the

Service; (ii) your violation of any term of these Terms; (iii) your violation of any third

party right, including without limitation any copyright, property, or privacy right; (iv)

any claim that information you submitted caused damage to a third party; or (v)

any User Content you submit on or through the Service.

These Terms of Service may not be assigned by you without Sveer’s prior

written consent, but are freely assignable by Sveer.

 

General

By using or accessing the Service in any way, you agree that the laws of the

United States and the State of California, without regard to principles of conflict of

laws and regardless of your location, will govern these Terms and any dispute of

any sort that might arise between you and Sveer. Any claim or dispute

between you and Sveer that arises in whole or in part from your use of the

Service shall be decided exclusively by a court of competent jurisdiction located in

Santa Clara County, California, and you hereby consent to, and waive all defenses

of lack of personal jurisdiction and forum non conveniens with respect to venue

and jurisdiction in the state and federal courts of California.

Construction and Waiver of Defenses. You agree that these Terms of Service will

not be construed against Sveer by virtue of having drafted them. You hereby

waive any and all defenses you may have based on the electronic form of these

Terms of Service and the lack of signing by the parties hereto of these Terms of

Service.

You agree that any claim arising out of or related in any way to the service must be

commenced within one (1) year after the cause of action accrues. You also agree

that in the event of any litigation, the prevailing party shall be entitled to recover its

attorneys’ fees and costs.

These Terms of Service, Privacy Policy, and additional Sveer published

policies and rules, constitute the entire agreement between you and Sveer

with respect to your use of the Service and any other subject matter hereof,

supersede all prior understandings of the parties, whether electronic, oral or

written, or whether established by custom, practice, policy or precedent and cannot

be changed or modified by you except as expressly posted on the Service by

Sveer.