2DLogic Games – Terms of Use

1 About these terms

These terms apply to your download, access and/or use of 2DLogic games, whether on your computer, on a mobile device, on our website www.sweetclash.com (the “Website”) or any other website, device or platform (each a “Game” and together the “Games”). These terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate from time to time such as sweetclash.com (we refer to all our Games and other services collectively as the “Services” in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.

If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.

2DLogic Ltd. its subsidiaries and affiliates (“2DLogic“, “SweetClash”, “Company“, “our” or “we“) welcome you (“User“, “Player” or “you“) to our online games available through certain publisher’s websites, the Facebook platform and/or as installable mobile applications for iOS/Android (the “Games” as further defined below). Users may use the Games in accordance with the terms and conditions hereunder.

THESE TERMS OF SERVICE (“TERMS”) FORM A LEGAL AGREEMENT BETWEEN 2DLogic AND YOURSELF. BY CONNECTING, ACCESSING OR PLAYING OUR GAMES AND/OR INSTALLING OUR APPLICATIONS AND/OR CREATING AN ACCOUNT WITH US (AS SUCH TERMS ARE FURTHER DEFINED), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, CONNECT TO, ACCESS OR USE THE GAMES APPLICATIONS OR ANY GAMES OFFERED THEREBY.

You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agree to these terms and is happy for you to access and/or use our Services.

You can access the latest version of these terms at any time at sweetclash.com/terms-and-conditions. The Company reserves the right to modify, remove, add, amend, extend or otherwise change the Terms at any time.

2 About accessing and using our Services

The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.

You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

3 Accounts

When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.

We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.

You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

Your account is personal to you and you are not entitled to transfer your account to any other person.

YOUR USE OF THE GAMES IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE GAMES IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.

4 Virtual Goods and Virtual Money

Our Games may include virtual currencies such as gold bars and gems (“Virtual Money”) or items or services for use with our Games (“Virtual Goods”). You agree that once purchased Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money and/or Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money and/or Virtual Goods to anyone else.

You do not own Virtual Goods and/or Virtual Money but instead you purchase a limited personal revocable license to use them – any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.

You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.

If you do not connect your game play on a device to an account that is linked to either your Facebook account, we will not be able to restore any Virtual Money or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:

- any risk of loss of Virtual Money which you purchase from us is transferred to you upon completion of the purchase.

- any risk of loss of Virtual Money that you receive from us without making a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on our servers; and

- any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.

We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.

We may revise the pricing for Virtual Goods and Virtual Money offered through the Services at any time. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.

Depending on your platform, any Virtual Goods or Virtual Money purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

5 User conduct and content

You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.

You agree that you will not:

- use our Services to harm anyone or to cause offence to or harass any person;

- create more than one account per platform to access our Services;

- use another person or entity’s email address in order to sign up to use our Services;

- use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);

- disguise, anonymise or hide your IP address or the source of any Content that you may upload;

- use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;

- remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;

- interfere with or disrupt our Services or servers or networks that provide our Services;

- attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

- ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);

- sell, transfer or try to sell or transfer an account with us or any part of an account, Virtual Money and/or Virtual Goods;

- disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;

- disobey any requirements or regulations of any network connected to our Services;

- use our Services in violation of any applicable law or regulation;

- use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or

- use our Services in any other way not permitted by these terms.

If you are concerned that someone else is not complying with any part of these terms, please contact us here: support@sweetclash.com.

We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.

We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.

You are solely responsible for your interactions with other users of our Services.

6 Playing our Games with other users

Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:

- choose to play against another user or to play socially with another user whom 2DLogic selects for you, or

- play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with.

Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

Where 2DLogic selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).

By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must already know your email address themselves in order to search for you.

7 Your breach of these terms

Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:

- delete, suspend and/or modify your account or parts of your account;

- otherwise suspend and/or terminate your access to our Services;

- modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;

- reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.

You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

8 Availability of the Services

The Games availability and functionality depends on various factors, such as software, hardware and the Company’s service providers and contractors. Beach Bum does not warrant or guarantee that the Games will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

9 Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.

In particular, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.

You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to support@2dlogic.com:

The Games and any services and/or content therein and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, sounds, animations, text, images, designs (including the “look and feel” of the Games) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Games are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

It is understood that you may, at your sole discretion, provide 2DLogic with suggestions and/or comments with respect to the Games (“Feedback”). You represent that you are free to do so and that you shall not knowingly provide 2DLogic with Feedback that infringes upon third parties’ intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback shall belong exclusively to 2DLogic. It is further understood that use of Feedback, if any, may be made by 2DLogic at its sole discretion, and that 2DLogic in no way shall be obliged to make use of any kind of the Feedback or part thereof.

Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require 2DLogic to comply with any additional obligations with respect to any 2DLogic current or future products, technologies or services that incorporate any Feedback.

10 Links

We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

11 Transferring these terms

We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

12 Entire agreement

These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.

13 Waivers of our rights

Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

14 Termination of your Account, Changes and Updates to the Games

The Company reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Games (or any part thereof), prevent Users from accessing the Games or temporarily or permanently limit, suspend or terminate your Account (including without limitation in the event that the User has not used his/her Account for 365 consecutive days), with or without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Games may be changed, extended in terms of content and form or removed at any time without any notice to you. Note that you can lose your user name and password as a result of the Account termination or limitation, as well as any benefits and Virtual Items associated with your use of the Games and Beach Bum has no obligation to compensate you for such losses or results. You agree that Beach Bum shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Games. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.

Beach Bum may but is not obligated to supply updates, upgrades and/or any new versions of the Games (“Updates”). In such event, it may include automatic updating or upgrading of the Games with or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Games shall include such Updates. Beach Bum may require that you accept Updates. You may need to update third party software from time to time in order to receive the Games. Beach Bum has no obligation to provide any updates to the Games.

15 Complaints and dispute resolution

Most concerns can be solved quickly by contacting us at support@2dlogic.com.

In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Israel.