TERMS OF SERVICE

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

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

BEFORE ACCESSING OR USING THE SERVICE, INCLUDING BROWSING ANY BanyanStars WEBSITE OR ACCESSING A GAME, YOU MUST AGREE TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY. YOU MAY ALSO BE REQUIRED TO REGISTER AN ACCOUNT ON THE SERVICE (AN "ACCOUNT"). BY REGISTERING FOR AN ACCOUNT OR OTHERWISE USING THE SERVICE, YOU REPRESENT THAT YOU ARE AGE 12 OR OLDER. IF YOU ARE BETWEEN THE AGES OF 12 AND 17, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. IF YOU ACCESS THE SERVICE FROM A SOCIAL NETWORKING SITE ("SNS"), SUCH AS FACEBOOK OR GOOGLE+, YOU SHALL COMPLY WITH ITS TERMS OF SERVICE/USE AS WELL AS THESE TERMS OF SERVICE.

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

1.END-USER LICENSE AGREEMENT

Subject to the terms of this Agreement, BanyanStars grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each Game on a mobile device that you own or control for your use (the “License”).

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Game; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Games, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any Game in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Game. Any future release, update, or other addition to functionality of any Game (including in-app purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.

You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.

BanyanStars reserves the right, at any time, to modify, suspend, or discontinue the Games or any part thereof with or without notice. You agree that BanyanStars will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Game or any part thereof.

Games provided to you are licensed to you and not sold. BanyanStars (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Games, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any Game. The BanyanStars name, logo, and the product names associated with the Games belong to BanyanStars (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. BanyanStars (and its licensors, where applicable) reserve all rights not granted in this Agreement.

When you start or stop an Game, it may display an ad. During gameplay, banners, rewarded videos and/or interstitial ads may be displayed.

2.USER CONTENT

2.1. USER CONTENT

“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any Game. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by BanyanStars. BanyanStars is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

2.2. LICENSE

By uploading, distributing, or otherwise using your User Content with any Game, you automatically grant, and you represent and warrant that you have the right to grant to BanyanStars an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content in any Game.

2.3. FEEDBACK

If you provide BanyanStars any feedback or suBanyanStarsestions (“Feedback”), you hereby assign to BanyanStars all rights in the Feedback and agree that BanyanStars shall have the right to use such Feedback and related information in any manner it deems appropriate. BanyanStars will treat any Feedback you provide to BanyanStars as non-confidential and non-proprietary. You agree that you will not submit to BanyanStars any information or ideas that you consider to be confidential or proprietary.

2.4. ACCEPTABLE USE POLICY

The following sets forth BanyanStars’s – “Acceptable Use Policy”: You agree not to use any Game to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(b) that is tortious, trade libellous, defamatory, false, or intentionally misleading,
(c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable,
(d) that is harmful to minors in any way;
(e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicate or unsolicited messages, whether commercial or otherwise; or
(f) that violates of any law, regulation, or contractual obligations.

You agree not to use any Game to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers);
(c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games (e.g., a denial of service attack);
(d) attempt to gain unauthorized access to the Site or Game or servers or networks connected to Games (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any Game.

2.5. ENFORCEMENT

We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.

3. TERMS AND TERMINATION

Either Party may terminate this Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the User Agreement with immediate effect by deleting the Game from your device.

If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our Game and/or terminate this User Agreement.

Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.

Upon expiry, you will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted. Only if BanyanStars continues to operate the Game, you may again download the Game whereby a new User Agreement will start to run. However, any game-related data cannot be restored.

We may (a) suspend your rights to use any Game, and/or any related services or (b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, BanyanStars reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to BanyanStars by the copyright owner or the copyright owner’s legal agent.

Upon termination of this Agreement, your right to use the Game will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. BanyanStars will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content.

4.INDEMNITY

You agree to defend, indemnify and hold harmless BanyanStars (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any Game, (ii) your User Content, or (iii) your violation of this Agreement. BanyanStars reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BanyanStars and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BanyanStars. BanyanStars will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. THIRD PARTIES

APPLICATION STORES
You acknowledge and agree that the availability of the Game is dependent on the third party from which you received Game, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and BanyanStars and not with the Application Store. The Application Store is not responsible for the Game, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with Game (if any). You agree to comply with, and your license to use Game is conditioned upon your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using a Game. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.

THIRD-PARTY SERVICES
BanyanStars may permit certain third-party applications (like leaderboards, game networks) to provide content through the Game (“Third Party Services”). The Game may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When you do so, BanyanStars will share information with the Third-Party Service as described in the BanyanStars Privacy Policy. BanyanStars is not responsible for and does not control Third-Party Services. BanyanStars provides these Third-Party Services only as a convenience to you. BanyanStars has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.

OTHER USERS
A Game may contain User Content provided by other users of the Game. BanyanStars is not responsible for and does not control the User Content. BanyanStars has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that BanyanStars will not be responsible for any liability incurred as the result of any such interactions.

RELEASE
You hereby irrevocably and unconditionally release and forever discharge BanyanStars (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers.

6. DISCLAIMERS

GAMES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND BanyanStars (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. BanyanStars (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY GAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. LIMITATION ON LIABILITY

IN NO EVENT SHALL BanyanStars (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR BanyanStars’S PRIVACY PRACTICES, ANY GAME, EVEN IF BanyanStars HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BanyanStars’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR BanyanStars’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID BanyanStars IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL BanyanStars’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

8. GOODS AND FEES

There is never any requirement to make any purchase of any kind to use the Service. The Service may include an opportunity to earn or purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses and/or chips all for use in the Service or virtual in-game items or collections. A certain number of in-game currency will be made available to you to collect when you log into the Service at recurring time intervals. If you exhaust your supply of in-game currency, you may elect to purchase additional in-game currency and continue to play the games through the Service, or you may wait until additional free in-game currency are available to you. Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out in greater detail below.

The transfer of Virtual Items is prohibited, except where expressly authorized in the Services, if any.

Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Neither BanyanStars nor any other person or entity has any obligation to exchange Virtual Items for anything of value. BanyanStars has no liability for hacking or loss of your Virtual Items.

Price and availability of Virtual Items are subject to change without notice.

Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.

Subject to mandatory legislation, you agree that BanyanStars is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these Agreement was voluntary or involuntary.

If you request that your personal data to be erased as specified in BanyanStars´s Privacy Policy, you will permanently and without a right to a refund lose all your Virtual Items as BanyanStars can no longer associate such Virtual Items with you.

YOU ACKNOWLEDGE THAT BanyanStars 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 YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.

9.MISCELLANEOUS

CHANGES TO THIS AGREEMENT
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Games. Continued use of our Games following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.

SEVERABILITY
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

ENTIRE AGREEMENT
This Agreement is the final, complete and exclusive agreement between you and BanyanStars with respect to the subject matters hereof (including all Games) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End-User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Your relationship to BanyanStars is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without BanyanStars’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. BanyanStars may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.

CONTACT US
Any notice provided to BanyanStars pursuant to this Agreement should be sent to admin@banyanstars.com