Terms of service
Effective Date: December 1, 2018
The terms of this agreement (“ToS”) govern the relationship between you and Soda Gaming and its affiliates (hereinafter “” or “Us” or“We”) regarding your use of Soda Gaming games, websites and related services(the “Service”). “Soda Gaming” also includes affiliates, which shall meansubsidiaries, parent companies, joint ventures and other corporate entitiesunder common ownership. Use of the Service is also governed by Soda Gaming Privacy Policy, which is incorporated herein by reference.
Before accessing or using the Service, including browsing any Soda Gaming websiteor accessing a game, you must agree to these ToS and the Privacy Policy. Youmay also be required to register an account on the Service (an “Account”). Byregistering for an Account or otherwise using the Service, you represent thatyou are age 13 or older and you understand and agree to these ToS. If you arebetween the ages of 13 and 17, you represent that your legal guardian hasreviewed and agreed to these Terms. If you access the Service from a SocialNetworking Site (“SNS”), such as Facebook or Google+, you shall comply with itsterms of service/use as well as these ToS.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TOS.IF YOU DO NOT AGREE TO THESE TOS, PLEASE DO NOT INSTALL, USE OR OTHERWISEACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Soda Gaming reserves the right, at its discretion, to change, modify, add or removeportions of these ToS and its Privacy Policy at any time due to legal,technical or business developments by posting the amended terms on the Soda Gaming Service. You will be deemed to have accepted such changes bycontinuing to use the Service. If at any point you do not agree to any portionof the then-current version of our ToS, the Soda Gaming Privacy Policy, orany other Soda Gaming policy, rules or codes of conduct relating to your useof the Service, your license to use the Service shall immediately terminate,and you must immediately stop using the Service.
1.LICENSE
1.1.Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these ToS and any otherrelevant Soda Gaming policies, Soda Gaming
grants you a non-exclusive,non-transferable, non-sublicensable, revocable limited license subject to thelimitations below to access and use the Service for your own non-commercialentertainment purposes. You agree not to use the Service for any other purpose.
1.2.Use of the ServiceThefollowing restrictions apply to the use of the Service:
The following restrictions apply to the use of the Service:
• You shall not create an Account oraccess the Service if you are under the age of 13;
• You shall restrict use by minors,and you will deny access to children under the age of
1.3. You accept fullresponsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g.PayPal and Facebook Credits) by minors.
• You shall not have more than oneAccount at any given time, sell or give away your Account, create an Accountusing a false identity or information, or on behalf of someone other thanyourself;
• You shall not use the Service ifyou have previously been removed by Soda Gaming, or previously been bannedfrom playing any Soda Gaming game;.
• You shall use your Account only fornon-commercial purposes;
• You shall not use the Service toadvertise, or solicit, or transmit any commercial advertisements, includingchain letters, junk or spam e-mail or repetitive messages to anyone;
1.3.License Limitations
Any use of the Service in violation of these License Limitations is strictlyprohibited, can result in the immediate revocation of your limited licensegranted by Section 1.1 and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
• Engage in any act that Soda Gaming deems to be in conflict with the spirit or intent of the Service or makeimproper use of Soda Gaming support services.
• Use cheats, exploits, automationsoftware, bots, hacks, mods or any unauthorized third-party software designedto modify or interfere with the Service, any Soda Gaming game or any Soda Gaming experience or without Soda Gaming express writtenconsent, modify or cause to be modified any files that are a part of theService or any Soda Gaming game.
• Disrupt, overburden, or aid orassist in the disruption or overburdening of any computer or server (“Server”)used to offer or support the Service or any Soda Gaming game environment.
• Institute, assist, or becomeinvolved in any type of attack, including without limitation distribution of avirus, denial of service attacks upon the Service, or other attempts to disruptthe Service or any other person’s use or enjoyment of the Service.
• Attempt to gain unauthorized accessto the Service, Accounts registered to others or to the computers, Servers, ornetworks connected to the Service by any means other than the user interfaceprovided by Soda Gaming, including but not limited to, by circumventing ormodifying, attempting to circumvent or modify, or encouraging or assisting anyother person to circumvent or modify, any security, technology, device, orsoftware that is part of the Service.
• Post any information that isabusive, threatening, obscene, defamatory, libelous, or racially, sexually,religiously, or otherwise objectionable or offensive.
• Post any information that containsnudity, excessive violence, or offensive subject matter or that contains a linkto such content.
• Attempt to, or harass, abuse, orharm, or advocate or incite harassment, abuse, or harm of another person,group, including Soda Gaming employees, including Soda Gaming’ customerservice representatives.
• Make available through the Serviceany material or information that infringes any copyright, trademark, patent,trade secret, right of privacy, right of publicity, or other right of anyperson or entity or impersonates any other person, including without limitationa Soda Gaming employee.
• Reverse engineer, decompile,disassemble, decipher or otherwise attempt to derive the source code for anyunderlying software or other intellectual property used to provide the Serviceor any Soda Gaming game, or to obtain any information from the Service orany Soda Gaming game using any method not expressly permitted by Soda Gaming.
• Solicit or attempt to solicitpersonal information from other users of the Service or any Soda Gaming gameor collect or post anyone’s private information, including personallyidentifiable information (whether in text, image or video form), identificationdocuments, or financial information through the Service.Soda Gaming reserves the right to determine what conduct it considers to be inviolation of the rules of use or otherwise outside the intent or spirit ofthese ToS or the Service itself. Soda Gaming reserves the right to takeaction as a result, which may include terminating your Account and prohibitingyou from using the Service.
1.4.Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, Soda Gaming MAY LIMIT, SUSPEND, TERMINATE,MODIFY, OR DELETE ACCOUNTS OR ACCESS TO Soda Gaming SERVICES OR PORTIONSTHEREOF IF YOU ARE, OR Soda Gaming SUSPECTS THAT YOU ARE, FAILING TO COMPLYWITH ANY OF THESE TOS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OFTHE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME ANDPERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANYBENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USEOF THE SERVICE, AND Soda Gaming IS UNDER NO OBLIGATION TO COMPENSATE YOU FORANY SUCH LOSSES OR RESULTS.WITHOUTLIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE ANDUSER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, ANDTHEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKETECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WEBELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGINGTHE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLYWITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, INAPPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATEACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUALPROPERTY RIGHTS.
2.GENERAL PROVISIONS
2.1.Notices We maynotify you via e-mail or any other communications means to contact informationyou provide to us. All notices given by you or required from you under theseToS or the Soda Gaming Privacy Policy shall be in writing and addressed toSoda Gaming. Any notices that you provide without compliance with thisSection on Notices shall have no legal effect.
2.2.Equitable Remedies
You acknowledge that the rights granted and obligations made under these ToS toSoda Gaming are of a unique and irreplaceable nature, the loss of whichshall irreparably harm Soda Gaming and which cannot be replaced by monetarydamages alone so that Soda Gaming shall be entitled to injunctive or otherequitable relief (without the obligations of posting any bond or surety orproof of damages) in the event of any breach or anticipatory breach by you.Youirrevocably waive all rights to seek injunctive or other equitable relief, orto enjoin or restrain the operation of the Service or any Soda Gaming game,exploitation of any advertising or other materials issued in connectiontherewith, or exploitation of the Service or any content or other material usedor displayed through the Service and agree to limit your claims to claims formonetary damages, limited by Section 7 (if any).
2.3.Force Majeure
Soda Gaming shall not be liable for any delay or failure to perform resulting fromcauses outside the reasonable control of Soda Gaming, including withoutlimitation any failure to perform hereunder due to unforeseen circumstances orcause beyond Soda Gaming’ control such as acts of God, war, terrorism,riots, embargoes, acts of civil or military authorities, fire, floods,accidents, strikes, or shortages of transportation facilities, fuel, energy,labor or materials.