- Apple App Store
- Google Play Store
- Amazon App Store
- Windows Store
- Our Websites (“www.bearbitstudios.com” and/or “www.smashyroad.com”)
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BEARBIT STUDIOS B.V. OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BEARBIT STUDIOS B.V. SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF BEARBIT STUDIOS B.V. SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
The virtual goods you purchase via our Services, will not be owned by you but instead you purchase a limited personal recoverable license to use the virtual goods. In no case any purchased virtual goods reflect stored value.
You agree that payment for licenses for virtual goods, redemption of third party virtual currency or any other transaction, is always final and will not be refunded by us once the transaction is made.
Bearbit Studios B.V. may remove, manage, regulate, control, or modify virtual goods at any time, without any liability to you or any third party.
BEARBIT STUDIOS B.V. IS NOT REQUIRED TO COMPENSATE OR PROVIDE A REFUND TO YOU FOR VIRTUAL GOODS THAT ARE LOST FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION.
In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.
If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise. You will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you and are responsible for anything that happens through your Account.
Bearbit Studios B.V. reserves the right to remove or reclaim any usernames at any time and for any reason. You agree that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any virtual goods associated with your account).
Some of our Games may allow you to play against an opponent or to play socially with other users.You may be able to:
(ii) play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
Where Bearbit Studios B.V. selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your location or level you have reached in the Game).
By accessing and/or playing those of our Games which allow you to play against an opponent or to play socially with others, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must already know your email address themselves in order to search for you.
Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
You agree not to upload, communicate, display, copy, distribute, post, promote, transmit or otherwise make available any information, Content or other material:
- that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
- that violates rights of privacy or publicity, confidential information or any other right;
- that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation;
- that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful (such as inside information, information which belongs to someone else or confidential information);
- which consists of any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of solicitation.
- that contains any viruses, Trojan horse, spyware, adware, malware, bot, time bomb, worm or any other harmful or malicious components.
You agree that you will not, under any circumstances:
- use our Services to harm anyone or to cause offense to or harass any person;
- create more than one account per platform to access our Services;
- use another person or entity’s email address in order to sign up to use our Services;
- use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
- disguise, anonymise or hide your IP address or the source of any Content that you may upload;
- use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
- interfere with or disrupt our Services or servers or networks that provide our Services;
- attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
- sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Goods;
- disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
- disobey any requirements or regulations of any network connected to our Services;
- use our Services in violation of any applicable law or regulation;
- use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
- use our Services in any other way not permitted by these terms.
If you are concerned that someone else is not complying with any part of these terms, please contact us here: firstname.lastname@example.org.
We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
You are solely responsible for your interactions with other users of our Services.
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else.
You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
You must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Goods, whether on a free of charge basis or otherwise.
By submitting Content via our Services you:
- are representing that you are fully entitled to do so;
- grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
- acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to
- derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
- agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet.
We reserve the right to update these terms from time to time by posting the updated version at that address and your continued use of our Services shall confirm your acceptance of the updated terms. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.