Terms & Conditions
1. Accepting the Terms
If you violate the Terms, SmartCo.Cloud reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that SmartCo.Cloud need not provide you notice before terminating or suspending your account(s), but it may do so. SmartCo.Cloud reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that SmartCo.Cloud may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with SmartCo.Cloud. By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws. In some countries there exist legal and/or other restrictions on usage of the Services and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Services. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.
2. Intellectual Property/Ownership
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorised use. The entire contents of the Service are copyrighted under the Singapore copyright laws and/or similar laws of other jurisdictions. All intellectual property therein (whether registered or unregistered and anywhere in the world) are protected by intellectual property laws and other laws of Singapore, other countries and international treaties. Furthermore, nothing in the Agreement gives you a right to use any of SmartCo.Cloud’ trade names, trademarks, service marks, logos or domain names unless you have our express written permission. You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without SmartCo.Cloud’ express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post. All other uses of copyrighted material, including any derivative use, require express prior written permission from SmartCo.Cloud. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. SmartCo.Cloud and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by SmartCo.Cloud. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by SmartCo.Cloud, or any derivative works thereof. SmartCo.Cloud grants you a personal, non-exclusive, non-transferable, revocable, non-assignable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.
3. User Content
You agree that you are willingly publishing the content on the Service using technology and tools provided by SmartCo.Cloud. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of SmartCo.Cloud. You grant SmartCo.Cloud the right to act as an agent on your behalf as operator of the application. Any data, text, graphics, photographs and their selection and arrangement, (hereinafter “User Content”) uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by SmartCo.Cloud. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and SmartCo.Cloud is not responsible for any files users upload, post, or otherwise make available. In particular, you are responsible for ensuring that you do not submit User content that is (i) offensive, unlawful, obscene, defamatory, libelous, threatening, abusive, inappropriate, pornographic, harassing, hateful, or otherwise unlawful or violates any law; (ii) fraudulent or misrepresentation; (iii) protected by any applicable copyright laws, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person; (iv) an advertisement or solicitation of business, funds, goods or services; or (v) impersonating another person or invading the privacy of any third party. We reserve the right (but shall have no obligation) to decide whether any content that you use complies with these Terms and we may in our sole discretion remove such content, suspend and/or terminate this Agreement if you use any content that is in breach of these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. SmartCo.Cloud may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the SmartCo.Cloud application. By using the Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that SmartCo.Cloud will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. SmartCo.Cloud reserves the right to remove and permanently delete any User Content from the Service with or without notice.
4. Privacy and Protection of Personal Information
5. Purchase Terms
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or game-designated currency for use in the Service; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such Play Store or App Store Credits.
SmartCo.Cloud may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. SmartCo.Cloud shall have no liability to you or any third party in the event that SmartCo.Cloud exercises any such rights. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE The provision of Virtual Items for use in the Service is a service provided by SmartCo.Cloud that commences immediately upon acceptance by SmartCo.Cloud of your purchase.
6. Disclaimer of Warranty; Limitation of Liability
SMARTCO.CLOUD DOES NOT MAKE ANY WARRANTEES, CLAIMS OR REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SMARTCO.CLOUD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL SMARTCO.CLOUD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SMARTCO.CLOUD’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Termination of this Agreement
You may terminate this Agreement and your relationship with SmartCo.Cloud at any time by ceasing to use the Service. Without limiting other remedies, SmartCo.Cloud may suspend or terminate this Agreement with you, or may terminate or suspend your use of the Service at any time if: (A) YOU ARE IN DEFAULT OF THESE TERMS; (B) YOU ARE ENGAGED IN ILLEGAL ACTIONS, OR INFRINGE PROPRIETARY RIGHTS, RIGHTS OF PRIVACY, OR INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON, OR ANY THIRD PARTY RIGHTS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR US; (C) REQUIRED BY APPLICABLE LAWS/REGULATIONS AND WITHIN THE TIME LIMITS AS REQUIRED BY SUCH LAWS/REGULATIONS; (D) WE DECIDE TO CEASE OFFERING THE SERVICE TO USERS GENERALLY. Upon termination of this Agreement; (a) all licenses and rights to use the Service shall immediately terminate; (b) you will immediately cease any and all use of the Service. Any suspension or termination of this Agreement will not affect your obligations to SmartCo.Cloud under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination. (c) YOU ACKNOWLEDGE THAT SMARTCO.CLOUD 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.
This Agreement constitutes the entire agreement between you and SmartCo.Cloud and governs your use of the Service, superseding any prior agreements between you and SmartCo.Cloud regarding the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. SmartCo.Cloud’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. SmartCo.Cloud will not be responsible for failures to fulfil any obligations due to causes beyond its control. The Service is operated by SmartCo.Cloud from its offices in Singapore. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by Singapore law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SmartCo.Cloud or relating in any way to your use of the Service resides in the courts of Singapore. No SmartCo.Cloud employee or agent has the authority to vary this Agreement.
SmartCo.Cloud may send you notice with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.
SmartCo.Cloud reserves the right to take steps SmartCo.Cloud believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that SmartCo.Cloud has the right, without liability to you, to disclose any aggregated Account information to law enforcement authorities, government officials, and/or a third party, as SmartCo.Cloud believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SmartCo.Cloud’ right to cooperate with any legal process relating to your use of the Service and/or products, and/or a third-party claim that your use of the Service and/or products is unlawful and/or infringes such third party’s rights).