Terms of Service
Last Updated: December 19, 2024
WELCOME! PLEASE READ CAREFULLY BEFORE PLAYING ANY OF OUR GAMES.
These Terms of Service (the “Terms”) are a legal contract between Super Free Games Inc. and its subsidiaries (the “Company,” “We,” or “Us”) and you (“You,” “Your,” or “User”). The Terms explain how You are permitted to use the services provided by and through our platform, website(s), and our associated internet properties and any software that the Company provides to You for download, including in Your mobile devices (our “Mobile App(s)” or “App(s)”) (all of these virtual properties and Mobile Apps, collectively, the “Site”). These Terms also govern Your use of all the text, data, information, software, analytics, graphics, images, designs, trademarks, proprietary content, and more (all of which We refer to as “Materials”) that We may make available to You, as well as any services We may provide through the Site. Collectively, the Site, our Materials, and the services provided by the Company are referred herein as the “Service.”
BY AGREEING TO THESE TERMS, OR BY ACCESSING, VIEWING, BROWSING, VISITING, REGISTERING IN, DOWNLOADING OUR APPS, PLAYING ANY OF OUR GAMES, PROVIDING INFORMATION THROUGH, OR GENERALLY USING THE SERVICE, YOU INDICATE THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN OR PROVIDE US WITH ANY INFORMATION ABOUT YOU.
IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION (SEE SECTION 18), AND A CLASS ACTION WAIVER (SEE SECTION 17), THAT AFFECT YOUR RIGHTS. These sections apply solely to the extent applicable in Your jurisdiction.
(a) Changes to these Terms. The Company can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Service. We will ask for Your express consent to the updated Terms where We are legally required to do so. If You do not agree with any of the updated Terms, You must stop using the Service. Continued use of the Service following notice of any such modifications indicates that You acknowledge and agree to be bound by the modifications. Unless otherwise required by law, the updated Terms are effective as of the day of posting.
(b) Changes to the Service. The Company may make changes to the Service at any time, without notice to You. If You object to any changes to the Service, Your sole recourse will be to cease using the Service. Continued use of the Service following posting of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service, or any component of it, at any time without notice to You. We will not be liable to You, or any third party should We exercise our right to modify or discontinue the Service or any portion thereof.
(c) Our Additional Terms. In addition, certain features of the Service may be subject to our additional terms and conditions (“Additional Terms”), which shall be provided to You at the moment You choose to use such features of the Service. By using such features, or any part thereof, You agree to be bound by the Additional Terms applicable to such features, which are hereby incorporated by reference. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.
Please review our privacy policy (the “Privacy Policy,” available at https://superfree.com/privacy-policy/) which explains how We use any information that You submit to the Company. The Privacy Policy is hereby incorporated by reference.
By using the Service, You represent and warrant that You are of age under the laws of Your jurisdiction and/or lawfully able to enter contracts. If You are not legally able to enter contracts, or if You are under 18 years of age, You must have Your parent or legal guardian’s permission to use the Service. Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist You in limiting access to material that is harmful to minors.
If You are entering into these Terms on behalf of a business entity or organization, You represent and warrant that You have the legal authority and capacity to bind such business entity or organization. If You are not authorized nor deemed by law to have such authority, You assume sole personal liability for the obligations set out in these Terms.
Your access to and use of the Service is subject to Your continued compliance with these Terms and all applicable laws. You agree to comply with these Terms and any other applicable Additional Terms disclosed on the Service or in connection with Your use of the Service. If You breach these Terms, Your right to access and use the Service will terminate immediately, without any further action by the Company, except for those obligations expressly described by the Company in these Terms.
For clarity, the Company’s affiliates include any person or entity that directly or indirectly controls, is controlled by, or is under common control with the Company, where the term “control” means the power to direct or influence the management or direction of a person or entity through the ownership of voting securities, by contract, or otherwise. The Company’s subsidiaries refer to companies that are controlled by the Company.
Subject to these Terms, and only as long as You fully comply with them, You are granted a non-exclusive, non-transferable, revocable, limited, personal license (expressly subject to the limitations below) to access and use the Service solely for Your personal, non-commercial, entertainment purposes.
The Service and the Site are protected by federal and common law copyrights (for the images, Materials, music, and associated object code and source code), federal and common law trademark rights, trade secret and other proprietary rights and laws (collectively, the “Intellectual Property Rights”). You acknowledge and agree that: (a) the Intellectual Property Rights are and will remain the sole and exclusive property of the Company, (b) You do not acquire any ownership rights in or to the Intellectual Property Rights, except as expressly granted in these Terms, and (c) You will not use the Service in any way other than as expressly permitted in these Terms or with prior written permission from the Company. Except as expressly set forth herein, You may not use or display the Company’s trademarks in any manner without the Company’s prior written permission. All third-party trademarks and service marks appearing on the Service are the property of their respective owners. Any rights not expressly granted in these Terms are reserved by the Company.
Except for Your User Content (as defined below) and except as otherwise expressly set forth in these Terms, as between You and the Company, the Company and its licensors own and will retain ownership of all right, title, and interest in and to the Service and the Materials. You acknowledge and agree that You shall not acquire any ownership rights whatsoever by downloading Materials or by obtaining any Virtual Items (as defined below). You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any portion of the Service or Materials other than Your User Content, nor will You attempt to do so, except as expressly permitted in writing by the Company.
If You provide the Company with comments, suggestions, or feedback about, or in connection with, the Service (collectively, “Feedback”), You agree that such Feedback shall be the exclusive property of the Company, and You hereby assign all rights, title, and interest in and to such Feedback to the Company. You agree that unless otherwise prohibited by law, the Company may use, sell, disclose, and otherwise exploit Feedback in any way and for any purpose, without restriction and without compensation to You.
In order to access certain aspects of the Service, You may need to create an account (an “Account”) on the Site or on Facebook, Google+, Apple, or another third-party platform authorized by Us. If You access or download any portion of the Service through a third party, You will be subject to such third party’s terms and conditions in addition to these Terms. To create an Account, You must select a password and provide certain user information that may contain personally identifying information and payment account information (“User Information”). All User Information You provide Us from time to time must be truthful, accurate, current, and complete. You agree to promptly notify Us of any changes to Your User Information. Our Privacy Policy governs our collection, use, and storage of Your User Information. You are solely responsible for ensuring the confidentiality of Your Account credentials (i.e., Your Account password and login information) and maintaining the security of such information. You agree not to authorize any other person to use Your Account credentials to access the Service. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU ARE SOLELY RESPONSIBLE FOR ALL TRANSACTIONS AND OTHER ACTIVITIES AUTHORIZED OR PERFORMED USING YOUR ACCOUNT CREDENTIALS, WHETHER AUTHORIZED BY YOU OR NOT, INCLUDING, BUT NOT LIMITED TO, ACTUAL OR ALLEGED FRAUD, TRANSACTIONS INVOLVING VIRTUAL CURRENCY, AND UNAUTHORIZED PAYMENTS. You must notify the Company immediately at support@superfree.com if: (a) You believe any of Your Account credentials have been obtained or used by any unauthorized person, or (b) You become aware of any other breach or attempted breach of the security of the Service or Your Account. In order to use certain aspects of the Service, You may need certain equipment and/or hardware and You may need to download and update certain third-party software for which certain third-party fees may apply. You are solely responsible for any and all third-party fees that You may incur in connection with Your use of the Service, including, but not limited to, any fees for cellular data usage or Internet use.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON OUR SYSTEM AND THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS SHALL AT ALL TIMES BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY.
If You wish to delete Your Account stored with the Company, You can delete Your App from Your device and all the data contained therein, and You can send an in-App message or email Us at support@superfree.com and provide Us with Your Account information and/or with Your support ID (to be found in the game App menu) so We can locate and delete Your Account. Account deletion is usually permanent, and once completed, usually no Account data can be stored or restored on Your device.
These Terms commence on the date when You start using the Service and will remain in full force and effect while You use the Service, unless terminated earlier in accordance with these Terms. You may terminate these Terms at any time and for any reason by (a) uninstalling the App(s) (or, if You have not installed any Apps, by sending an email to support@superfree.com notifying the Company of Your termination), (b) deleting or closing Your Account with the Company in accordance with the established procedure (see Section 5); (c) deleting or otherwise destroying all Service-related Materials, and/or (d) ceasing use of the Service. For information on the voluntary procedure of closing Your Account, please contact Us at support@superfree.com.
Except as otherwise prohibited by applicable law and without limiting any other provisions of these Terms or our rights or remedies under applicable law or these Terms, You agree that the Company, in its sole discretion, may suspend or terminate Your Account and/or Your access to and use of the Service, without notice and liability to You or any third party, at any time and for any reason, including, but not limited to, Your actual or suspected violation of these Terms or applicable law. Upon any such suspension or termination, Your license to use the Service will immediately be suspended or terminated (including Your license to Virtual Items), and the Company may immediately deactivate or delete Your access to the Service or Your Account and all related information and files in Your Account, except as otherwise prohibited by applicable law. The Company will not have any liability whatsoever to You for any suspension or termination, including for deletion of User Content.
All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, intellectual property ownership, warranty disclaimers, limitation of liability, governing law, class action and jury trial waivers, and dispute resolution and arbitration provisions.
The Company reserves the right to charge for any portion of the Service and to change its fees from time to time in its sole discretion. Except as otherwise prohibited by applicable law, You are responsible for all charges or debits to any payment method linked to Your Account (including any third-party fees associated therewith) for transactions and other activities authorized or performed using Your Account credentials. Any fees or charges paid by You for or in connection with the Service, including enhanced gameplay features or Virtual Items, are deemed fully earned by the Company when paid by You. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
The Company may, in its sole discretion, offer You the ability to purchase or earn a limited license to virtual goods and/or virtual currency for use in connection with the Service (“Virtual Items”). If the Company offers the ability to purchase or earn such a license, the Company hereby grants You a non-exclusive, non-transferable, revocable, personal, limited right, and license to use Virtual Items only for Your personal, non-commercial, entertainment use exclusively in connection with the Service, subject to these Terms.
Such limited license may be earned by performing certain specified tasks in connection with the Service and may be purchased within the Service or through a third-party authorized by the Company. Once earned or purchased, Virtual Items will be reflected in the App and/or in the Service. The Company may, in its sole discretion, limit the amount of Virtual Items that may be purchased, earned, or redeemed. Virtual Items are only usable within the App where the Virtual Items were purchased, earned, or redeemed and are not transferable within the Apps or games. The Service is constantly changing and evolving to keep the games fun and challenging for all. Rules, attributes, goals, missions, power balance, and gameplay features will change over time, often without notice, as part of this natural creative and game balance/optimization process. Accordingly, You acknowledge and agree that the Company, in its sole discretion, may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Items at any time, except as prohibited by applicable law. The Company makes no guarantee as to the nature, quality, continuity or value of any game play features or Virtual Items (or the availability or supply thereof).
Virtual Items may only be used in connection with the Service. You may not distribute, lease, license, sell, rent, gift, exchange, convert, or otherwise transfer or assign Your license to Virtual Items or Your Account. Your license to Virtual Items and Your Account are also not transferrable or assignable by operation of law. Any attempted disposition of Virtual Items in violation of these Terms shall be null and void and will terminate Your license.
Virtual Items in Your in-Apps or Account will be applied to Your gameplay such that any Virtual Items You purchase for legal tender or real currency are consumed first in order, and only after such purchased Virtual Items are consumed, any Virtual Items provided to You for free by the Company, earned through gameplay or otherwise obtained at no cost to You through use of the Service will then be consumed.
Opportunities to purchase, earn, or otherwise acquire Virtual Items (“Virtual Item Opportunities”) may not be made available to all Users of the Service. Virtual Item Opportunities may have short, time-limited expiration dates and/or consumption periods and may be subject to Additional Terms. Such Additional Terms, and any other conditions and restrictions applicable to Virtual Items Opportunities may be updated, modified, changed, restricted, suspended, discontinued, cancelled, or terminated at any time without notice to You.
If a User has not used the Virtual Items, whether free or purchased, that are kept in the User’s in-App balance for a period of twenty-four (24) months since their last use, the Company reserves the right to void the Virtual Items and reset the balance to zero.
Except for the limited licenses granted under these Terms or as otherwise required by applicable law, You do not have any right, title, or interest in the App, the Service, Your Account or any Virtual Items associated therewith. Except as otherwise prohibited by applicable law, all rights not expressly granted under these Terms are reserved by the Company, including, but not limited to, all rights, title, and interest in and to the game App, the Service, Your Account (if applicable) and any Virtual Items associated therewith.
Except as otherwise required by applicable law, Virtual Items are not redeemable for cash or other monetary value from the Company, another user of the Service, or any other person. Virtual Items do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither the Company nor any other person or entity has any obligation to exchange Virtual Items for anything of value, including, but not limited to, real currency. Except as prohibited by applicable law, You are solely responsible for all transactions made through Your Account regardless of whether or not such transactions were authorized by You.
You acknowledge that the Virtual Items can be used solely for entertainment purposes and that any money You pay is solely for entertainment purposes. The Virtual Items have no cash value and shall not be deemed a thing of value for legal purposes.
EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE COMPANY MAY SUSPEND OR REVOKE YOUR LIMITED LICENSES TO VIRTUAL ITEMS AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE, REFUND, OR COMPENSATION TO YOU. ALL PURCHASES OF VIRTUAL ITEMS ARE FINAL AND ARE NOT REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE UNDER ANY CIRCUMSTANCES, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT YOU WILL NOT RECEIVE CASH OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS IF YOUR ACCOUNT AND/OR YOUR ACCESS TO AND USE OF THE SERVICE ARE SUSPENDED OR TERMINATED, AND ALL SUCH VIRTUAL ITEMS WILL BE VOID AND FORFEITED WITHOUT COMPENSATION.
You are solely responsible for all content You upload, transmit, post, or publish on or through the Service (collectively, “User Content”). By posting User Content on or through the Service (whether via email or through online forums, message boards, messaging services, blogs, in-App chats or meeting rooms, or other functionality of the Service or portions thereof), You hereby grant the Company and its affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, transmit, perform, distribute, store, modify, sublicense, and otherwise use Your User Content in any way and for any purpose in connection with the Service in accordance with our Privacy Policy, and, to the extent permitted by applicable law, You hereby completely and irrevocably waive any moral rights or similar interest(s) with respect to the Company’s use of Your User Content used by the Company. The license for User Content granted to the Company in this Section, and the related waiver of any applicable moral rights, shall survive any termination of these Terms.
When You post User Content on or through the Service, You represent and warrant that You have the right, power, and authority to post that User Content and grant the license in this Section. You further represent and warrant that by posting such User Content You are not violating any third-party rights of any kind, including, without limitation, any intellectual property rights, rights of publicity, and privacy rights. To the extent Your User Content may be copyrightable, You represent, warrant, and covenant that You are the owner of all the copyright rights to such User Content and that the Company may exercise the rights to Your User Content granted under these Terms without any liability or obligation for any payment to You or any third parties.
You agree that You must evaluate, and bear all risks associated with, the use of any User Content uploaded, transmitted, posted, published on or through the Service by others, including any reliance on the accuracy, completeness, or usefulness of such User Content. You are solely responsible for Your interactions with any other user. The Company reserves the right, but not the obligation, to become involved in any disputes between users in connection with the Service.
Before publishing any User Content on or through the Service, You should keep in mind that other users may view, use, reproduce, or appropriate Your User Content in ways that You may not approve or authorize. All User Content is deemed non-confidential public information in which You should have no expectation of privacy. We cannot be responsible for any third party use or misuse of Your User Content You make available on or through the Service.
Without undertaking any obligation to screen or monitor User Content, the Company has the right (but not the obligation) to edit, modify, refuse to post, or remove any User Content that it determines, in its sole discretion, violates these Terms or is otherwise objectionable. You acknowledge and agree that the Company may, but is not obligated to, preserve User Content and may also disclose User Content to the extent permitted by applicable law and as provided in our Privacy Policy.
The Company does not wish to receive and will not accept unsolicited ideas or suggestions as a general matter of policy. Any suggestions, feedback, or data that You submit, post, publish, or otherwise publicize on, through, or in connection with the Service are deemed User Content and are governed by these Terms. You acknowledge that We have no obligation to accept, use, return, evaluate, or consider such ideas or suggestions, and We will be entitled to use and disseminate such ideas and suggestions without restriction and for any purpose whatsoever without acknowledgment or compensation to You or any third party.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing any content that violates intellectual property rights of others, suspending access to this Service (or any portion thereof) to any user who uses this Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the Account of any User who uses the Service in violation of someone’s intellectual property rights.
(a) Submitting an Infringement Claim
Pursuant to Title 17 of the United States Code, Section 512 (Digital Millennium Copyright Act of 1998 or “DMCA”), We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or any other intellectual property right is being infringed by a user of this Service, please provide written notice to our DMCA Agent for notice of claims of infringement at support@superfree.com, attention DMCA Agent. You can also write to Us at DMCA Agent (Legal), Super Free Games Inc, 2001 Clayton Road, Suite 200, Concord, California 94520, U.S.A.
To be sure the matter is handled immediately, Your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the DMCA Agent will be unable to address the listed concern.
(b) Submitting a DMCA Counter-Notification
If We remove content that belongs to You, We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide our DMCA Agent with a written counter-notification that includes the following information:
(c) Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the Account or access of any User of this Service who is the subject of repeated DMCA or other infringement notifications.
Without limiting any other terms of these Terms, You agree that You will not, under any circumstances:
You may only use the Service if use of the Service is legal from where You access it.
These rules of use are not meant to be exhaustive, and the Company reserves the right to determine what conduct it considers to be in violation of these rules of use, the Terms, or otherwise outside the spirit of the Service and to take action – up to and including termination of Your Account and exclusion from further participation in 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. The Company hereby disclaims any and all liability to You or any third party relating to Your use of the Service. You will cooperate fully with the Company to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting the Company access to any password-protected portions of Your Account. The Company reserves the right, but has no obligation, to monitor and manage disputes between You and other users of the Service.
Release. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
THE COMPANY PROVIDES THE SERVICE STRICTLY ON AN “AS IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE (A) WILL BE UNINTERRUPTED, TIMELY, OR SECURE, (B) WILL BE FREE OF BUGS, INACCURACIES, OR ERRORS, (C) WILL MEET YOUR REQUIREMENTS, (D) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (E) WILL BE ACCURATE OR RELIABLE. FROM TIME TO TIME THE SERVICE MAY HAVE BUGS, ERRORS, AND INTERRUPTIONS. THESE BUGS, ERRORS, AND INTERRUPTIONS MAY ADVERSELY IMPACT YOUR GAMEPLAY AND THE PERCEIVED VALUE OF YOUR USED AND UNUSED VIRTUAL ITEMS.
YOU UNDERSTAND AND AGREE THAT THE COMPANY SHALL BEAR NO RISK WITH RESPECT TO ANY THIRD-PARTY LINKS, SERVICES, OR INFORMATION INCORPORATED INTO, LINKED WITH, OR USED WITH THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, IN CONNECTION WITH YOUR USE OF THE SERVICE (OR INABILITY TO USE OR ACCESS THE SERVICE), THE COMPANY, ITS AFFILIATES, AND OUR AND THEIR EMPLOYEES, OFFICERS, AND AGENTS, PAST OR PRESENT, SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, GOODWILL, OR DATA) EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, IN EXCESS OF THE AMOUNT YOU HAVE PAID THE COMPANY IN THE SIX (6) MONTHS PRIOR TO SUBMITTING NOTICE OF YOUR CLAIM OR, IF GREATER, ONE HUNDRED DOLLARS (US $100).
THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 14 DOES NOT APPLY TO LIABILITIES THAT CANNOT BE LIMITED BY LAW, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR PHYSICAL INJURY (INCLUDING DEATH) DIRECTLY CAUSED BY A PARTY, OR LIABILITIES ARISING OUT OF THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR FRAUDULENT MISREPRESENTATION BY A PARTY. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. HOWEVER, ANY EXCLUSION OR LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE INDEMNITY, RELEASE, AND LIMITATION OF LIABILITY REPRESENT A MATERIAL INDUCEMENT FOR THE COMPANY TO PROVIDE THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICE.
You agree to release, indemnify, and hold the Company, its affiliates, and our and their employees, officers, and agents harmless from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to: (a) Your use of the Service, (b) Your violation of these Terms (including all prohibited activities under Section 11), applicable law, or any third-party rights, or (c) Your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will cooperate in asserting any available defenses.
The Service may provide, or third parties may provide, links or other access to third-party websites and resources on the internet. The Company provides such links and connections for Your reference only. The Company has no control over such websites and resources, and the Company is not responsible for and does not endorse such websites and resources. You further acknowledge and agree that the Company will not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by Your reliance on any content, events, goods, or services available on any such websites or resources. All dealings You have with third parties found while using the Service are between You and the third party, and You agree that the Company is not liable for any loss or claim that You may have against such third party. You should review any applicable third-party terms and conditions, including third-party privacy policies, carefully as those terms may apply to Your use of third-party websites and recourses.
Please read this carefully. It affects Your rights.
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED BELOW). YOU AND THE COMPANY EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST THE COMPANY. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND THE COMPANY AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT.
Please read this carefully. It affects Your rights.
(a) Mandatory Informal Dispute Resolution. If You are dissatisfied with the Service for any reason, please contact the Company’s Customer Service at support@superfree.com first so We can try to resolve Your concerns without the need of outside assistance. If You choose to pursue a dispute, claim or controversy against the Company, these terms shall apply. For purposes of the Class Action Waiver and Jury Trial Waiver provisions of Section 17, and the Dispute Resolution and Arbitration provisions set forth in this Section 18, the “Company” shall include our affiliates, and our and their employees, licensors, and service providers.
The Company values its relationship with You (each, a “Party” and collectively, the “Parties”) and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration, You agree to first send a reasonably detailed notice (“Notice”) to disputes@superfree.com. If the Company has a Dispute with You, the Company agrees to first send a Notice to You at Your most recent email address on file with Us, or if no email address is on file, other contact information associated with Your Account. Your Notice must contain all of the following information: (i) Your full name; (ii) information that enables the Company to identify Your Account, including without limitation a picture or screenshot of Your profile, Your support ID (to be found in the game in-App menu), Your address, mobile phone number, email address, and date of birth You used to register Your Account, if any; and (iii) a detailed description of Your Dispute, including the nature and factual basis of Your claim(s) and the relief You are seeking with a corresponding calculation of Your alleged damages (if any). You must personally sign this Notice for it to be effective. The Company’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and the Company agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if the Company requests a telephone conference with You to discuss Your Dispute, You agree to personally participate, with Your attorney if You are represented by counsel. Likewise, if You request a telephone conference to discuss the Company’s Dispute with You, the Company agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within sixty (60) days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, You or the Company may initiate an arbitration.
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration. Failure to do so is a breach of these Terms. The statute of limitations and any filing fee deadlines will be tolled while You and the Company engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding.
(b) Dispute Resolution Through Arbitration or Small Claims Court. Any dispute, claim, or controversy between You and the Company (that is not resolved informally by the Company’s Customer Service or as provided under subsection 18(a) above) that arises from or relates in any way to these Terms (including any alleged breach of the Terms), the Service, or our relationship with You (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in this Section 18 shall have the broadest possible meaning and include claims that arose before the existence of this or any prior agreement and claims that arise during the term of these Terms or after the termination of these Terms. Notwithstanding the foregoing, the Company may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court, and if the small claims court determines that it does not have jurisdiction, the Dispute shall proceed in arbitration. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to the scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If You challenge the small claims court election in Your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from these Terms as to Your Dispute. However, such court determination shall not be considered or deemed binding with respect to the Company’s other contracting parties.
Any court proceeding to enforce this Dispute Resolution Section 18, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 20 herein. In the event this Dispute Resolution Section 18 is for any reason held to be unenforceable, any litigation against the Company (except for small claims court actions) may be commenced only in the federal or state courts located in New Castle County, Delaware, U.S.A. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over You for such purposes and waive any claim that such courts constitute an inconvenient forum.
(c) Individual Arbitration and Mass Arbitration Protocols. This subsection 18(c) applies to Disputes that are submitted to NAM after fully completing the informal dispute resolution process described in subsection 18(a) above and when no small claims court election is made by the Company. Any arbitration between You and the Company shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section 18. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, New York 11530, U.S.A. and email address commercial@namadr.com. If NAM is unable or unwilling to perform its duties under these Terms, the Parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with these Terms. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under these Terms, in accordance with the NAM’s Rules to the extent permitted by law.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:
iii. The Arbitrator – The arbitration shall be conducted by a single, neutral arbitrator (the “Claim Arbitrator”), as assisted by any Process Arbitrator appointed and defined under NAM Rules. (The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or reasonably close to the location in which You reside. The Arbitrator is bound by and shall adhere to these Terms. In the event NAM Rules conflict with these Terms, the terms of these Terms shall control. If the Arbitrator determines that strict application of any term of this Section 18 (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
vii. Arbitration Hearing – You and the Company are entitled to a fair final evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing within ten (10) days after the respondent files a response. If an oral final evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.
viii. Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within thirty (30) days after the final evidentiary hearing or, if no final evidentiary hearing is held, within thirty (30) days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between You and the Company and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the NAM Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
(x)(A) If You or Your counsel file a Demand for Arbitration that qualifies under the definition of Mass Filing referred to above, then You agree that Your Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the adjudication of Your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until Your case is chosen for a bellwether proceeding.
(x)(B) NAM’s Mass Filing Rules shall apply if Your Dispute is deemed by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for NAM’s Mass Filing Rules and related fee schedule must be made by either You or the Company in writing and submitted to NAM and all Parties.
(x)(C) Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. Counsel for the Mass Filings claimants (including You) and counsel for the Company shall each select fifteen (15) Demands for Arbitration (thirty (30) total), and no more than thirty (30) arbitrations shall be filed, processed, adjudicated, or pending at the same time, with each of the thirty (30) individual arbitrations presided over by a different Claim Arbitrator, in a first set of bellwether proceedings. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending. If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then counsel for the claimants and counsel for the Company shall each select an additional fifteen (15) Demands for Arbitration (thirty (30) total) to be filed, processed, and adjudicated as individual arbitrations, with each of the thirty (30) arbitrations presided over by a different Claim Arbitrator, in a second set of bellwether proceedings. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated. This staged process of bellwether proceedings, with each set including thirty (30) Demands for Arbitration adjudicated on an individual basis, shall continue until each Demand included in the Mass Filings (including Your Demand for Arbitration) is adjudicated or otherwise resolved. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by the Company and the claimants (including You), shall only be due after Your Demand for Arbitration is chosen as part of a set of bellwether proceedings and therefore properly designated for filing, processing, and adjudication. Any applicable statute of limitations shall be tolled beginning when You initiate the informal dispute resolution process set forth in subsection 18(a) of these Terms, and if the first Mass Filings’ Demands for Arbitration are chosen for the initial set of bellwether proceedings have been filed, Your claims will remain tolled until Your Demand for Arbitration is decided, withdrawn, or is settled. A court of competent jurisdiction located in a venue allowed under Section 20 of these Terms shall have the power to enforce this subsection.
(x)(D) You and the Company agree that both Parties value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process for the fair resolution of genuine and sincere Disputes between the Parties. You and the Company acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
(d) Future Changes and Retroactive Application. This Dispute Resolution Section 18 applies to all Disputes between the Parties, including for any claims that accrued against You or the Company prior to the time of Your consent to these Terms and to any claims that accrue against You or the Company after Your consent to these Terms. Notwithstanding any provision in these Terms to the contrary, You may elect to opt out of the retroactive application of this Dispute Resolution Section 18 as to claims that have accrued against You or against the Company prior to the time of Your consent to these Terms. You may opt out by sending Us written notice, within thirty (30) days of the time You consent to these Terms, to the following email address: optout@superfree.com. Please do not direct any customer support inquiries to optout@superfree.com, as they will not be addressed; such inquiries should be directed to the Company’s Customer Service at support@superfree.com. You must include information sufficient to identify Your Account, such as the email address or support ID (to be found in the game in-App menu), or phone number associated with Your Account, and should include a statement that You are opting out of the retroactive application of this Dispute Resolution Section 18. Please note: if You opt out of the retroactive application of this Dispute Resolution Section 18, You will still be subject to and bound by any dispute resolution provisions and arbitration procedures You previously agreed to, including without limitation any class action waivers, jury trial waivers, arbitration provisions, and retroactive application sections. Also, regardless of whether You opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against You or the Company after Your consent to these Terms in accordance with this Dispute Resolution Section 18. Notwithstanding the foregoing, if this subsection 18(d) is found to be unlawful, void or for any reason unenforceable, then any claims that accrued against You or the Company prior to Your consent to these Terms shall be governed by the pre-existing Terms of Service.
Delaware law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).
To the fullest extent allowable by law, the laws of the state of Delaware, U.S.A., without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to these Terms or the Service. The Parties agree that this choice of law agreement is enforceable and waive the right to have a court conduct a conflicts of laws analysis. For the avoidance of doubt, for Users residing outside of the United States, the choice of Delaware governing law shall not supersede any mandatory consumer protection legislation in the jurisdiction where You resided at the time You accepted these Terms. Notwithstanding the foregoing, the dispute resolution process set forth in Dispute Resolution Section 18 shall be governed by the Federal Arbitration Act.
Any claims that are not arbitrated for any reason (except for claims filed in small claims court) must be litigated in New Castle County, Delaware, U.S.A. (except where prohibited by law).
Except where prohibited by law, and except for claims that are heard in small claims court as set forth in Dispute Resolution Section 18, any claims arising out of or relating to these Terms, to the Service, or to Your relationship with the Company that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in New Castle County, Delaware, U.S.A. You and the Company consent to the exercise of personal jurisdiction of courts in the State of Delaware and waive any claim that such courts constitute an inconvenient forum.
The communications between You and the Company use electronic means, whether You visit the Site, send the Company emails, or use the Service or whether the Company posts notices on the Site or communicates with You via email. For contractual purposes, You (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Your statutory rights. Where the Company requires that You provide an email address, You are responsible for providing the Company with Your most current email address. In the event that the last email address You provided to the Company is not valid, or for any reason is not capable of delivering to You any notices required/permitted by the Terms, the Company’s dispatch of the email containing such notice will nonetheless constitute effective notice. We are not responsible for any automatic filtering You or Your network or email provider may apply to communications We send to an email address that You provide to Us.
Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: The Service is provided by Super Free Games Inc. If You have a question or complaint regarding the Service, please contact the Company’s Customer Service at support@superfree.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California, 95834 U.S.A or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
These Terms supersede any previous agreements or representations.
These Terms together with our Privacy Policy, and any Additional Terms that We may make available from time to time through our internet properties, constitute the entire agreement between You and the Company regarding Your use of our Service and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by You. Any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
If You have any questions about these Terms or otherwise need to contact the Company for any reason, other than the reasons specified in subsection 18(d) of these Terms, You can reach Us at support@superfree.com.
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