Acceptance of These Terms of Service
BY DOWNLOADING, INSTALLING, OR USING ISMART GAME
STUDIOS("SERVICE" , "ISMART GAME STUDIOS ",
"we", "us", "our"), YOU AGREE TO BE BOUND BY BOTH
THESE TERMS OF SERVICE ("TOS") AND THE ISMART GAME STUDIOSPRIVACY
POLICY. YOU CAN CHECK THE MODIFIED VERSION FROM THE SOFTWARE OR THE OFFICIAL
WEBSITE. YOU UNDERSTAND AND AGREE THAT IF YOU CONTINUOUSLY USE ISMART GAME
STUDIOSAFTER THE DATE ON WHICH the TOS HAVE CHANGED, ISMART GAME STUDIOSWILL
TREAT YOUR USE AS ACCEPTANCE AND COMPLIANCE WITH THE UPDATED TERMS.
ISMART GAME STUDIOS may also offer other
services that are governed by different TOS. In such cases the other TOS will
be posted on the relevant service to which they apply.
If you do not agree with the TOS, please do not use
or access ISMART GAME STUDIOS.
Your Registration and Account
If you are under the age of 13, you must not use
our services. If you are between the ages of 13 and 18 (or the relevant age in
your jurisdiction where you are considered a minor), your parent or guardian
must agree to the TOS (both for themselves and on your behalf) before you can
use our services. If you are using our services on behalf of a company,
partnership, association, or other organization ("organization"), you
warrant that you are authorized to do so and that you are authorized to bind
your organization to the TOS and in such circumstances "you" will
include your organization.
You also agree to provide true, accurate, current
and complete information about yourself as prompted by the ISMART GAME STUDIOSService's
registration (at ISMART GAME STUDIOSneed or request in its sole discretion).
You are entirely responsible for maintaining the
security and confidentiality of your information and password. You agree that
you will immediately notify ISMART GAME STUDIOSshould your password or any of
your information be compromised and of any such unauthorized use. ISMART GAME
STUDIOScannot and will not be liable for any loss or damage arising from your
failure to comply with this Section.
Privacy Policy
Your using or accessing ISMART GAME STUDIOSis also
governed by ISMART GAME STUDIOSGroup's Privacy Policy, which is incorporated
herein by reference. Your privacy is important to us. We designed ISMART GAME
STUDIOSPrivacy Policy to make important disclosures about how we collect and
use your information. We encourage you to read the ISMART GAME STUDIOSPrivacy
Policy carefully and use it to make informed decisions.
Content and Submissions
When you provide any submissions to ISMART GAME
STUDIOS, you understand and accept complete responsibility for your
submissions, including any and all consequences that may arise. As such, you
represent and warrant that you: own or have secured all necessary licenses,
rights, consents and permissions for such submissions and authorize ISMART GAME
STUDIOSto make use of these submissions in the manner contemplated by the TOS.
By using the Service, you may be exposed to content
that is offensive, indecent or objectionable. Under no circumstances will we be
liable for your content or the content of any third party, including, but not
limited to, for any errors or omissions in your content, or for any loss or
damage of any kind incurred as a result of the use of any content posted,
transmitted or otherwise made available via the Service. You acknowledge that
we do not pre-screen content, but that we shall have the right (but not the
obligation) to refuse, move or delete any content that is available via the
Service.
We shall also have the right to remove any content
that violates the TOS or is otherwise objectionable in our sole discretion. You
must evaluate, and bear all risks associated with, the use of any content. You
may not rely on any content created by us. You acknowledge and agree that we
may preserve content and may also disclose content if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms; (c)
respond to claims that any content violates the rights of third-parties; or (d)
protect our rights, property, or personal safety and those of our users and the
public.
Prohibited Content Submissions
You may not create a user name, post, upload, email
or otherwise transmit to ISMART GAME STUDIOSSubmissions of any kind that is,
within the sole discretion of ISMART GAME STUDIOS , determined to be
commercial, illegal, offensive or potentially harmful to others including but
not limited to content that:
infringes upon the rights of any third party,
including but not limited to copyrights, trademarks, patents, trade secret,
design rights, moral rights or other third party proprietary rights, including
privacy and publicity rights;
promotes the infringement of copyright or other
third party rights, e.g., providing a list of hyperlinks to websites that
contain pirated software or media files, hacking/cracking, etc.;
contains software viruses or any other malicious
computer code, files or programs designed to interrupt, destroy or alter the
functionality of any computer software or hardware or telecommunications
equipment owned by another party;
is offensive, abusive, threatening, harassing,
stalking, promoting violence or racism or harm or hatred or bigotry against any
group or individual;
is libelous or defamatory or promotes information
that you know is false or illegal;
violates the privacy of others, including but not
limited to posting the photograph of another person without that person's
consent;
is obscene, vulgar or contains profanity;
is pornographic or sexually explicit or contains
nudity;
exploits or attempts to exploit people in a sexual
or violent manner;
disparage ISMART GAME STUDIOSor any third party;
is or contains an advertisement, a marketing
initiative, solicitation of a business, or otherwise significantly connected
with any commercial purpose;
involves the transmission of any unsolicited mass
mailing including but not limited to "junk mail", "chain
letters" and "spam";
contains restricted or password only access pages;
sells, promotes or encourages the use of beer or
hard alcohol, tobacco or related products, prescription drugs, narcotics or
drug paraphernalia, replicas or imitations of designer goods, weapons (including
firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling
or casino-related content;
is unlawful or illegal, criminal or tortuous in
nature (such as child pornography, fraud, gambling);
is otherwise objectionable material or that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law or regulation.
Intellectual Property Rights
When you provide Submissions to ISMART GAME STUDIOS ,
you still retain all of your rights of ownership in your Submissions. However,
by uploading, posting or otherwise transmitting your Submissions on or to ISMART
GAME STUDIOS , you grant ISMART GAME STUDIOS(and its successors) a
royalty-free, perpetual, irrevocable, transferable, worldwide, exclusive right
(themes) and license to use, license, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, derive revenue or other
remuneration from, communicate to the public, perform and display the content
(in whole or in part) and/or to incorporate it in other works in any form,
media, or technology now known or later developed, for the full term of any
rights that may exist in such content. You also permit any subscriber to
access, display, view, and store and reproduce such content for personal use,
as permitted by the Service and under these Terms of Service.
Other than Submissions you provide to ISMART GAME
STUDIOS , all content, software, scripts, images, graphics, audio, video
and other materials in any form (collectively, "ISMART GAME STUDIOSContent")
are protected by copyrights, trade or service marks, patents or other
proprietary rights and are owned by or licensed to ISMART GAME STUDIOS ,
subject to intellectual property rights. You understand and agree that all ISMART
GAME STUDIOSContent is provided to you solely on an AS IS basis for your
personal use only and may not be copied, reproduced, distributed, broadcast,
displayed, sold, licensed or otherwise used or exploited for any purpose and in
any manner without the prior written consent of ISMART GAME STUDIOSor the
respective owners. ISMART GAME STUDIOSreserves all rights not expressly granted
to you. If you download, print or display any ISMART GAME STUDIOSContent for
personal use, you must retain all copyright and other proprietary notices.
You may not (and you may not permit anyone else to)
take actions directly or indirectly that infringe or may infringe intellectual
property rights and related interest of ISMART GAME STUDIOS(including but not
limited to exploiting, assigning the referenced intellectual property rights
above or permitting anyone else to do so). ISMART GAME STUDIOSreserves the
right to charge the tort liabilities.
You may not (or entrust a third party), whether on
non-profit purpose or not, reverse engineer, decompile or attempt to derive
source code of the Software, or create derivative works of product, services,
plugins, extensions, compatibility, interconnection behaviors, etc. ISMART GAME
STUDIOSreserves the right to charge the tort liabilities, unless you have been
granted by ISMART GAME STUDIOSin writing.
Violations of Intellectual Property
Rights and Terms of Service
Provided with proper notification and
documentation, ISMART GAME STUDIOS will remove any Submission that infringes
upon the intellectual property rights of another and reserves the right to
remove any Submission without prior notice. ISMART GAME STUDIOS assumes no
responsibility for monitoring the Service. In the event ISMART GAME STUDIOS chooses
to review any Submission (such review is solely within ISMART GAME STUDIOS discretion),
ISMART GAME STUDIOS assumes no responsibility for the Submissions or any
obligation to remove any inappropriate Submissions or any responsibility for
the conduct of a member submitting inappropriate Submissions. At its sole
discretion, ISMART GAME STUDIOS may remove any Submission and/or terminate a
member's account for violating any of these Terms of Service at any time and
without notice. ISMART GAME STUDIOS reserves the right, but not the obligation,
to take any appropriate legal action for any illegal or unauthorized use of the
Service or violation of the Terms of Service.
2.
Claims of Copyright Infringement
If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify ISMART GAME STUDIOS's Agent
for Notice of claims of copyright or other intellectual property infringement
("Agent"), at:
ISMART GAME STUDIOS Copyright Agent
Email: creativeworldapps@gmail.com
Please provide our Agent with the following Notice:
Identify the copyrighted work or other intellectual
property that you claim has been infringed;
Identify the material on ISMART GAME STUDIOS that
you claim is infringing, with enough detail so that we may locate it on the
website;
A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
A statement by you declaring under penalty of
perjury that (a) the above information in your Notice is accurate, and (b) that
you are the owner of the copyright interest involved or that you are authorized
to act on behalf of that owner;
Your address, telephone number, and email address;
Your physical or electronic signature.
ISMART GAME STUDIOS Agent will forward this
information to the alleged infringer. It is ISMART GAME STUDIOS policy to
terminate the accounts of repeat infringers.
Termination
Should you violate or breach the TOS, ISMART GAME
STUDIOS reserves the right, at its sole discretion and without notice, to
suspend or terminate your account, any and all content and information you may
have provided and your ability to access any part of ISMART GAME STUDIOS .
The termination will not affect the obligations and liabilities you should
assume before the termination.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. UNLESS EXPRESSLY SET FORTH HEREIN,
ISMART GAME STUDIOSMAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY
MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY
DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. ISMART GAME STUDIOSDOES
NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND YOU ASSUME ALL RISK AND
RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ISMART GAME
STUDIOSAND ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AND AGENTS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE BREACH OF THE TOS OR THE
USING OF SERVICE, EVEN IF ISMART GAME STUDIOSHAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold ISMART GAME STUDIOS
and its affiliates, subsidiaries, employees and agents harmless from and
against any third-party claim and any related losses, costs, liabilities and
expenses, including reasonable attorneys’ fees, arising out of the breach of
any representations, warranties or covenants made by you.
Governing Law and Disputes Resolution
Except to the extent that: (i) any applicable
additional terms incorporated into these Terms provide differently, or (ii) the
applicable laws and regulations of your jurisdiction mandate otherwise, the TOS
and any dispute or claim arising out of or in connection with the TOS will be
governed by the laws of the People’s Republican of China.
Any dispute, controversy or claim (whether in
contract, tort or otherwise) arising out of, relating to, or in connection with
the TOS, including their existence, validity, interpretation, performance,
breach or termination, will be referred to and finally resolved by arbitration
administered by the China International Economic and Trade Arbitration Commission
(CIETAC), and the place of arbitration shall be in Beijing. Within the valid
period for the arbitration, such arbitration tribunal shall subject to the
arbitration rules of the CIETAC in effect at the time of the arbitration. The
award of the arbitration tribunal shall be final and binding upon the two
parties.
Please contact us at ISMART GAME STUDIOS should
you have any questions regarding these Terms of Service.
Contact us
If you have any suggestions, feedback or requests,
please email us at ismartgamestudios@gmail.com
