TERMS OF SERVICE

Terms of Service – Seriously

The Terms of Service (“Terms“) you are reading are a legally binding agreement that governs the relationship between Seriously, as defined below and yourself (“you“) and your use of Seriously’s products and social games for the web, mobile or any other applicable platforms and/or devices (the “Service or Services”).

Please review the Terms carefully.  They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration (where permissible) unless you opt-out within the specified time frame.

BY ACCESSING OR USING SERIOUSLY’S SERVICE AND ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY.  THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES.  NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY, EVEN THOUGH THE SERVICE MAY OFFER THE OPPORTUNITY TO PURCHASE CERTAIN VIRTUAL ITEMS.

In these Terms, “Seriously” refers to Seriously Holding Corp and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to Seriously as “we” or “us”.

For the avoidance of doubt, Seriously Digital Entertainment Oy, Arkadiankatu 6 A 7, 00100 Helsinki, Finland, owns and operates Best Fiends and Best Fiends Stars.

1. CHANGES TO THE TERMS OR THE SERVICE

Seriously reserves the right, in its sole discretion, to revise or modify these Terms, our Privacy Notice including any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, or subscriptions, that we may publish which apply to your use of those specific services and state they are part of these Terms (“Additional Terms”) (the Terms, Privacy Notice and Additional Terms collectively shall be referred to herein as “Seriously’s Terms”), at any time by posting the amended Seriously’s Terms on or within the Service, and you agree to be bound by such revisions or modifications. In addition, Seriously may terminate these Terms in its sole discretion at any time.  Users are responsible for viewing Seriously’s Terms periodically. Your continued use of the Service after a change or modification of Seriously’s Terms has been made will constitute your acceptance of the revised Seriously’s Terms. If you do not agree to Seriously’s Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you use our Service, you must follow all Seriously’s Terms that may apply. If you access the Service from a social network or download the Service from another platform or applications stores, such as but not limited to, Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google, you must also comply with its terms of service/use as well as Seriously’s Terms.

You understand that the Service is evolving. You may be required to accept updates to the Service, and to Seriously’s games which you have installed on your computer, mobile device or any other device. You acknowledge that Seriously may perform these updates remotely and agree that Seriously may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Seriously’s games.

Seriously may modify and adapt the Services and their scope of functions to maintain and improve the Services beyond what is necessary to maintain their contractual conformity (a “Modification”), if a valid reason requires such Modification, in particular (i) to comply with legal, regulatory or safety requirements, (ii) to adapt to technological developments such as a new technical environment or other operational reasons, in particular necessary enhancements of the safety of users or other third parties, (iii) to adapt to significant changes in market conditions or user behavior such as increased user numbers, (iv) due to changes in licenses we hold from third parties or other third party compliance requirements, or (v) for your benefit or to your advantage.

We also reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or any particular game or part of the Service; terminate or suspend your license to use the Service or any part of it; modify or discontinue the Service; modify or remove any of the information contained in the Service; limit the Service’s availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Service; modify and/or waive any fees charged in connection with the Service; and/or offer opportunities to some and all users of the Services. If that happens, unless otherwise required by applicable law, Seriously is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for Virtual Items previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part. Your continued use of the Service after such changes will indicate your acceptance of such changes in the Services and in Seriously’s Terms.

2. ACCOUNT INFORMATION

To access or play our games you must create an account with Seriously (an “Account”). You may access the Service via the website, your account in a social network, like Facebook, or, if you are using our mobile Service, an account with the company that provides your mobile applications, such as an Apple account. The Service may have limited and varied compatibility across different devices, platforms and operating systems. You will have to verify compatibility requirements yourself and may need to update third party software from time to time to receive the Service and/or updates and play Seriously’s games. During the process of creating an Account to access the Service, you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”).

The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):

1. You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Seriously will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions.
2. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediatelynotify Seriously and modify your Login Information if appropriate.
3. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you and ensure that you “log off” or exit from your Account (if applicable) at the end of each session.
4. You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.
5. You undertake to monitor your Account to restrict use by those not meeting our Age Guidelines, and you will deny access to persons as set forth in our Age Guidelines. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example PayPal) by minors.
6. You shall not have more than one Account per platform or social network, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself.
7. You shall not have an Account or use the Service if you have previously been removed by Seriously or previously been banned from playing any Seriously game.
8. You must comply with all applicable export and sanction laws and regulations and Seriously’s internal trade control policies regarding restricted countries as detailed hereunder (“Trade Controls”) and may not use, export or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of any sanctions by the U.S government (currently Cuba, Iran, Syria, North Korea and the Crimea, Donetsk and Luhansk regions of Ukraine), any countries designated as restricted countries under Seriously’s internal trade control policies (currently Syria, Lebanon and Iran) or any country upon Seriously’s sole discretion due to local legislation requirements or any other reason or anyone or any entity (or anyone or any entity 50% or more owned by such individuals or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained
9. You must provide the equipment (computer, mobile device, tablet, etc.) necessary to connect to the Service. You are responsible to pay any fees, including Internet connection or mobile fees, or for data or cellular usage to download and use the Service.

To the extent permissible under applicable law, we are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Seriously reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party’s rights.

You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile picture.

Any personal information you provide to us when creating or updating your Account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with Seriously’s Privacy Notice and any applicable laws. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.

By providing contact information to us, you agree that we may send You promotional or marketing messages to the e-mail address and/or telephone number (either via voice call or SMS text) You provided. For more information about marketing communications, including how to opt-out, please see the Opting Out of Promotional Communications section of our Privacy Notice.

You may stop using the Service at any time and may request that we stop making active use of your data at any time by following the instructions in the Privacy Notice. Unless the applicable law where you are located requires otherwise, we are not required to provide refunds, benefits or other compensation if you request deletion of your Account. Potential refunds for Virtual Items as described below remain unaffected.

3. LICENSE

Subject to your agreement and continuing compliance with the Seriously’s Terms, Seriously grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Service using a Seriously supported web browser or mobile device. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. Seriously’s Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. You hereby acknowledge that your license to use the Service is limited by Seriously’s Terms, and, if you violate or if, at any point, you do not agree to any of Seriously’s Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service.

Open Source and other Third-Party Components. Our Service may include software components owned by or licensed from third-parties (“Third Party Components”), including open source software (“Open Source Components”). If any Open Source Components or other Third Party Components are indicated on our website at: https://www.playtika.com/documents/Accreditation-Page.xslx, to be subject to the terms of a third party software license (a “Third Party License”), including any open source software license (“Open Source License”), then the terms of that Open Source License or other Third Party License will apply to such Open Source Components or other Third Party Component independent of the terms of these Terms. All other Third Party Components are subject to the terms of these Terms and may be used only under the terms of these Terms.  Nothing in these Terms is intended to limit any rights under, or to grant rights or impose restrictions that supersede, the terms of any Open Source License or other Third Party License applicable to any Open Source Component or other Third Party Component. If required by an applicable Open Source License, you may obtain a copy of the Open Source Component subject to that Open Source License by submitting a request to us at legalsupport@playtika.com

4. ACCOUNT TERMINATION

SERIOUSLY MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICE AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND SERIOUSLY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.

Without limiting any other remedies, Seriously may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Terms, of the terms of other application stores or platforms (such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google), illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), Seriously’s games, or Seriously’s intellectual property as determined by Seriously in its sole discretion. You may lose your user name, password and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of Seriously for any damage that may result from the foregoing, and Seriously is under no obligation to compensate you for any such losses or results. If you have more than one Account, Seriously may terminate all of your Accounts. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SERIOUSLY GAME IS A VIOLATION OF POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.

For all Seriously Services, you may not use the Service if you are under 13 years of age, in which case you must not create an account, access, use or download such games and/ or submit any personal information through the Service or to Seriously.  However, if you are between 13 and 18 years of age, in selected territories subject to Seriously’s sole discretion, you may use an adapted version of the Service, only if your parent(s) and/or legal guardian(s) review and agree to these Terms and permit you to access and/or use our Service.   At our sole discretion, we may require proof that you meet this requirement for age (“Age Guidelines”) in connection with use of the Services. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (as defined below) acquired through your use of the Services.

In addition to the foregoing, Seriously may selectively remove, revoke or modify Benefits associated with your Account. “Benefits” mean any benefits, privileges, items, licensed rights granted, earned, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed or revoked  from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.

You acknowledge that Seriously is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or modifying Benefits associated with your Account. In the event that Seriously terminates your Account, you may not participate in any of the Service again without Seriously’s express permission. Seriously reserves the right to refuse to keep Accounts for and provide access to the Service or other services to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: support@seriously.com or submit a ticket via the applicable support channel of the game.

WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT support@seriously.com OR SUBMIT A TICKET VIA THE APPLICABLE SUPPORT CHANNEL OF THE GAME.

5. USER CONTENT

You agree that any content published by you through the Service is done so through the use of technology and tools provided by Seriously. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that the publishing of the content complies with all applicable laws. 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 prior written permission of Seriously. You grant Seriously the right to act as an agent on your behalf as the Service’s operator.

Any communications, messages, posts, comments, chats, images, sounds, and all the material, data, text, graphics, photographs, videos, location information, or any other content, and their selection and arrangement, uploaded or transmitted through a Seriously game, or any other Communication Channel (as defined below) of the Service by any user, including, but not limited to, your name, profile picture, voice, likeness, biographical information and game records (“User Content“) are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Seriously (as further detailed below). Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload, post or otherwise transmit via the Service. Seriously shall not bear any responsibility for any of the abovementioned content and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.

You hereby grant Seriously and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproducer, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use of the User Content you may submit. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). The license you grant us to use User Content (except any content you submit in response to Seriously promotions and competitions or any other content specifically solicited by Seriously) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Seriously in accordance with its Privacy Notice. You also agree that the User Content shall not include any indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a Users’ privacy. Further, the User Content shall not include any of the following:

1. Comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
2. Comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
3. Comments or other materials that harass or advocate the harassment of another person;
4. Comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
5. Comments or other materials that are false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous; or
6. Comments or other materials that infringe any party’s trademark, trade secret, copyright or other proprietary rights.

You acknowledge that we are not responsible for any User Content posted in connection with any portion of the Service. We are merely providing access to the Service and User Content as a service to our users to be used in accordance with these Terms. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Service and in taking any actions based upon such User Content. Accordingly, you will bear all risks associated with any such User Content that you access or use.

Seriously may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Seriously will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.

Seriously reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever and we may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. You hereby agree that, to the maximum extent permitted by applicable law, Seriously shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content t