SUPER CODE STRIKE - TERMS OF USE

 

Effective date: 1 November 2020

Welcome to Super Code Strike, created and provided by Creatubbles Pte. Ltd., [77 King Street West, Suite 400, Toronto, ON M5K 0A1, Canada] its subsidiaries and related companies, and its affiliates (together “Creatubbles”, “us”, “we”, “our”). These terms of use constitute a binding legal agreement entered into by and between you (“you”, “yours”, “User”) and Creatubbles.

The following terms and conditions (“Terms”), together with our Privacy Notice (“Privacy Notice”), and any documents and/or additional terms expressly incorporated by reference (collectively, this “Agreement”), govern your access to and use, including any content, functionality, and services offered on or through the Super Code Strike mobile application (the “SCS App”, or “App”).

BY DOWNLOADING AND USING THE SCS APP, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY NOTICE, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY NOTICE, YOU MUST NOT ACCESS, DOWNLOAD OR USE THE SCS APP.

1.  Changes; Modifications

We may change these Terms from time to time and encourage you to come back for updates.

We reserve the right to revise and update these Terms from time to time without prior notice. Any such modifications are effective immediately upon posting and apply to all access and continued use of the SCS App. Your continued use of the SCS App following any such change constitutes your agreement to be bound by the Terms as changed. We suggest you check back frequently for updates.

2.  About SCS App

Super Code Strike as a casual game making platform where players make games for themselves and others to play.  Players build and play levels, with programming as a primary tool to create and engage with the game.

3.  Automatic updates and upgrades

By downloading and installing the SCS App you automatically agree to future updates and upgrades.

The SCS App is available on both iOS and Android. By downloading or installing SCS App, published by Creatubbles, you consent to the installation of the SCS App, further described above and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling the SCS App. To request removal or disabling of this App, please contact Creatubbles at 77 King Street West, Suite 400, Toronto, ON M5K 0A1, Canada or at support@creatubbles.com.

YOU ACKNOWLEDGE AND UNDERSTAND AND AGREE that the SCS App (including any updates or upgrades) may (i) cause your device to automatically communicate with Creatubbles servers to deliver the functionality described above and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information as set out in our Privacy Notice.

4.  Personal information; Privacy

The security of your personal information is important to us. Personal information we collect, use, disclose and otherwise process is described in, and governed by our Privacy Notice. We encourage you to read our Privacy Notice.

 

5.  Registration; User Account

In order to access and use certain functions of the App, you must sign up, open and maintain an account (“Account”) with us.

(a)  User Accounts and Authentication

 

In order to use the App, you must be at least 13 years of age or older, and you must directly register for and open a User Account. You must create a username with password and follow the steps to create the User Account.

(b)  Security of User Account

All the information you provide must be correct, current, and complete. Any username, password, or other information provided by you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. 

(c)  Access Requirements 

To access, download and use the SCS App, you must have a connected device running a supported browser and operating system or a supported mobile device. It is possible that you may need to download our application, certain plugins or other software to ensure the compatibility of your device. We will attempt to keep a reasonably current description of supported devices available on our App.

 

You will need Internet access in order to download the SCS App and use most functions of the App. We are not responsible for any internet service fees incurred when using the SCS App.

(d)  Assistance  

If you have any specific questions or concerns that we have not addressed about how to set-up and manage your account, please email us at support@creatubbles.com.

(e)  Disabling of User Account

We may provide you with the option to disable your User Account. If you wish to disable your User Account, you may be able to do so by logging into your User Account, or contact us at support@creatubbles.com.

(f)  Deletion of User Account

You may delete your User Account at any time by contacting us at support@creatubbles.com. You understand it may require us 30 – 90 days to complete any deletion request.

(g)  Our Termination of your User Account

If Creatubbles determines you have breached any of these Terms, Creatubbles has the right, at its sole discretion and without prior notice, to suspend or disable your account. If we delete your User Account, you will not be able to create another one without our permission.

6.  Intellectual Property Rights and Ownership

The SCS App and its entirety are owned by Creatubbles; use of any such property without authorization is prohibited. Violation may lead to legal action.

You understand and agree that the SCS App and its entire contents, User Content (defined below), features, and functionality, including, but not limited to, all information, software, code, text, displays, data, graphics, photographs, video, audio, design, presentation, selection, and arrangement (“Material”), are owned by Creatubbles, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Super Code Strike logo and all other SCS and Creatubbles related names, logos, product and service names, designs, images, and slogans are trademarks of Creatubbles or its affiliates or licensors. The use of such marks without our prior written consent is prohibited. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, in any form or medium whatsoever even if it is User Content (as defined in paragraph 6 below) except:

(i)  your computer and browser / mobile device may temporarily store or cache copies of materials being accessed and viewed when using the App in accordance with its terms;

(ii)  one copy for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and

(iii) in the event we link certain social media platforms to our App, you may take such actions as our App permits.

 

Users are not permitted to modify copies of any materials from this App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App. You must not access or use for any commercial purposes any part of the App or any services or materials available through the App without our express written consent.

If you print off, copy or download any part of our App in breach of these Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the App or to any content on the App, and all rights not expressly granted are reserved by Creatubbles. Any use of the App not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

While you acknowledge that Creatubbles retains all rights in the User Content and the App, to the extent it is necessary, you hereby assign any copyright in the User Content you have or will create to Creatubbles and further agree to waive any moral rights you may have or will have in the User Content in favour of Creatubbles. You further acknowledge that you are not an inventor or author in respect of any matters related to or in the App.

7.  Conditions of Use; Content Submissions and App Content Standards

You must abide by the legal conditions for App Content. We determine what constitutes prohibited User Content. If we determine that any User Content violates these Terms, we may remove the User Content and/or terminate the User Account. We retain ownership of all User Content, including after you terminate your User Account.

As a condition of your access and use, you agree that you may use the App only for lawful purposes in accordance with any jurisdictions the App is provided and in accordance with these Terms.

(a)  Creation of User Content

The App may permit Users to create content such as images, audio, video, and other media types created by a User, in particular to allow Users to create new and variations of worlds, new and variations of characters, and other content for the App (“User Content”). While an active User, Users may be permitted to edit, change, suspend, re-submit and other similar functions for their own User Content. Users understand that other users may enjoy User Content themselves while using the App. We reserve the right to promote your User Content in any form and medium whatsoever, for any purpose including for marketing and promotion and for other applications, software, websites. If you delete User Content, please note that User Content is our property (see rule 6), and we also reserve the right to keep a backup copy for our records but are not obligated to do so. If creation of a character is based on yourself, you agree to waive any personality rights in connection with that character.

We may adjust the rules, parameters, and functionality associated with User Content at any time.

 

(b) User Content that is Public

 

You acknowledge and agree that other users accessing and using the App may be able to view, access and enjoy your User Content.

 

(c)  User Content Standards

 

Without limiting the fore going you agree that you will not use the App, nor create or use any User Content:

(i)  In any manner that violates any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding human rights, export control, consumer protection, unfair competition, anti-discrimination, false advertising, the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice.
 

(ii)  Includes or contains any material that is illegal in any jurisdiction the App operates including Canada, the United States of America, Japan, Europe, or otherwise objectionable.
 

(iii)  Involves, provides or contributes any false, inaccurate or misleading information.
 

(iv)   Is submitted in exchange for compensation or any other form of consideration by any third party.
 

(v)  Includes sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms.
 

(vi)  Includes any information that references other websites, addresses, email addresses, personal information or phone numbers.
 

(vii)  That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
 

(viii)  Impersonate or attempt to impersonate Creatubbles, a Creatubbles employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
 

(ix)   Transmits, or procures the sending of, any advertisements or promotion, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
 

(x)  Engages or encourages any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm Creatubbles or users of the App or expose them to liability.
 

(xi)  Causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
 

(xii)  Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
 

(xiii)  Gives the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
 

(xiv) Intentionally interferes with or damages operation of our App or related services, or any party’s enjoyment of them.
 

(xv)  Uses the App if you are a convicted sex offender.
 

(xvi)  Attempts to gain unauthorized access to our App, including accounts, computer systems or networks of ours or connected to ours, regardless of whether such unauthorized access is with intent to do harm or interfere with our App.
 

(xvii) Use our App to harm minors in any way.
 

(xviii)  Use our App to stalk or harass any individual in any way.
 

We may determine what constitutes prohibited User Content and actions by Users at our sole discretion and subject to change at any time. If we determine that any User Content violates these Terms, we may choose to immediately remove the applicable User Content and/or terminate the applicable User Account. Any such decision may be without recourse to the User. We may employ filtering and/or other technical or non-technical means to remove any User Content at our discretion.        
 

You shall not, and shall not permit any third party to: (a) access or use the App in a manner that violates any applicable law or regulation or otherwise violates these Terms, including our Privacy Notice; (b) re-license or sublicense, lease, loan or otherwise distribute the App to any third person; (c) attempt to breach or breach the security or authentication measures which are not authorized; (d) reverse engineer, decompile, disassemble or translate any software used by Creatubbles to deliver the App (the “Software”), or otherwise attempt to view, display or print the Software’s source code; (e) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the Software; (f) circumvent any technological protection measures on the App; or (g) otherwise attempt to interfere with the proper operation of the Site.

You agree to indemnify and hold Creatubbles (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

 

(d)  User Representations

When using the App, you represent and agree to:

(i) Keep your account and login information secure;

(ii) Follow any guidelines from authorized third-parties for single sign on (SSO) and other types of facilitated logins to our App;

 

(iii) Ensure that you only upload User Content that you are comfortable sharing with other Users, or the public;

(iv) Follow all directions relating to uploading User Content and managing your account;

 

(v)  Comply with all applicable laws and regulations regarding your use of the SCS App; and

 

(vi) Comply with our Terms and otherwise manage your account in a responsible and appropriate manner. 

 

8.  Modifications to the App

We have the right to makes changes to the App without notice at any time.

We may change elements from our App at any time (“modifications”). In all cases, if you do not agree to any modification you may uninstall the App. We may also terminate our provision of any or all of the App without any notice or liability to you.

 

9.  Termination of App

We have the right to terminate the App without notice at any time.

We reserve the right to terminate the App at any time. We are under no obligation to continue to provide the App in any way or to provide you with updates or error corrections to our App. Your rights under these Terms will terminate immediately and automatically, with or without notice in our sole discretion, if we cease to provide and support the App.

10.  Service Fees

 

The SCS App is free of charge; however, we may offer certain tiers and features for certain fees.

The SCS App includes a free tier which users can access, download and use. We may also provide paid tiers where Users may purchase a subscription to gain access to premium content, experiences and access to App upgrades (“Paid Subscriptions”).

We may also provide Users with the opportunity to make in-App purchases for special items, upgrades, products and in-App premium content (“App Purchases”). 

Paid Subscriptions and App Purchases will be subject to additional terms and conditions, as well request the User’s explicit consent at the time of purchase.

11.  SCS App Limitations   

We are not liable for misuse of the app by other Users, nor are we liable for app compatibility, technological issues and functionality.

We cannot guarantee that other Users will not misuse your User Content that you contribute to the App.

While we may retain copies of User Content, we are not a storage service and we do not commit or guarantee to retain User Content for any defined period of time.

The App is only available on certain mobile device, platforms or optimized for certain browsers. We make no guarantee that our App is compatible with your mobile device, platform or browser, and we do not commit to maintain any compatibility, with a certain platform.

We are not liable for any interruption, shutdown, or failure caused by downtime for maintenance, bugs, glitches, and other problems that are particular to our App or to any platform, technology, or network upon which it lies or with whom we have interacted.

You agree that we may need to alter any User Content you provide in order to conform to the requirements of any networks, technical platforms or other operational needs of our App.

You may need to enable certain features or functionality on your mobile or other device in order to be able to access all of the features of the App.

12.  Third-Party Links

You are responsible for any third-party sites accessed through our App.

For your convenience, the App may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the App. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

13.  Disclaimer of Warranties

You are responsible for your use of the App. Creatubbles will not be responsible for any damages caused by use of the App.

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER CREATUBBLES NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE APP OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER CREATUBBLES NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APP AND YOUR COMPUTER, MOBILE DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.

14.  Limitation of Liability

To the extent permitted by law, we are not responsible if something goes wrong with your use of the App.

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO USERS OF THE APP.

UNDER NO CIRCUMSTANCE WILL CREATUBBLES, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE APP, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY LINKS, NOR ANY APP CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

15.  Indemnification

You will not make us liable for any claims against you.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Creatubbles, its affiliates, and their respective directors, officers, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms, including, but not limited to, your User Content, third party sites, any use of the App, its content, services, and products other than as expressly authorized in these Terms and any third party liability related to you uploading your data.

16.  Force Majeure

We will not be responsible for any event outside our reasonable control which results in a breach of these Terms.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

17.  General Terms

(a)  Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

(b)  No Waivers

No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof.

 

(c)  Severability

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

(d)  Entire Agreement

The Terms and our Privacy Notice constitute the sole and entire agreement between you and Creatubbles regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

(e)  Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Creatubbles via email (in each case to the address that you provide) or by posting on our App and/or within our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. For posted notices, the date of posting will be the effective date of notice.

(f)  Language

These Terms were written in English (US) and may be translated to other languages solely for the convenience of our Users. In all cases and specifically if a potential conflict between versions arises, the English version of these Terms controls.

(g)  Contact Us; Support

For more information about the SCS App, please review the ‘About Us’ page and other informational areas of our websites, and on the platforms in which you downloaded the App. For specific App support issues, you may contact support@creatubbles.com.