Welcome and thank you for using a service provided by Snowball Games (a company registered in the Republic of Macedonia with company number 7269595) located at 11 October, 33 A, Skopje, Macedonia. These Terms of Use are a legally binding agreement between you and Snowball Games and govern your use of our online, digital, or mobile services, including our websites, software, applications, games, and any of our other digital content, products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Service”).
By accessing or using the Service, you agree to be bound by these Terms and any applicable Additional Terms which we will notify you about within the Service from time to time (which are incorporated herein by reference) and consent to our collection and use of your information as described in our Privacy Policy. If you do not wish to be bound by these Terms or Additional Terms, please do not access or use the Service.
Where we wish to make changes to these Terms of Use and/or the Services as a result of minor technical adjustments to the Services or the Content which do not materially and adversely affect your rights and obligations in relation to Virtual Items under these Terms of Use, or in order to comply with applicable laws or the requirements of a court or regulator of competent authority, we may do so by updating this posting, and your continued use of the Services will constitute your approval to the changes.
You shall not have more than one Account, per platform or Social Networking Site, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not create an Account or use the Service if you are a convicted sex offender, if you have previously been removed by Snowball or previously been banned from playing any Snowball game.
You shall not access or use the Service or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Snowball's permission.
You represent and warrant that you have read, understand, and agree to abide by these Terms and any applicable Additional Terms, and that you have read, understand, and agree to the data collection and use practices set forth in our Privacy Policy.
The Service and Content are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by Snowball or its licensors. Snowball respects the intellectual property rights of others and asks that you do the same. Any unauthorized use of Content or any other aspect of the Service, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and Snowball reserves the right to fully prosecute such violations and enforce its rights to the fullest extent of the law, including seeking both civil and criminal penalties. Violation of this Agreement in any manner automatically terminates the licence granted to you herein and obligates you to cease all use of the Service and Content. You may lose your user name and persona as a result of Account termination, as well as any benefits, privileges, earned items and purchased items (including without limitation, Virtual Items) associated with your use of the Service, and Snowball is under no obligation to compensate you any such losses or results. Any authorization to copy material granted by Snowball in any part of the Service for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, unless otherwise specified, and is subject to your keeping intact all copyright, trademark, and other proprietary notices.
Except as expressly provided herein or as provided by law, Snowball does not grant you any other right or license in or to the Service or Content and all right, title, and interest that Snowball has in the Service and Content are retained by Snowball, including the right to modify, discontinue, or temporarily suspend any or all of the Service at any time, with or without notice.
You understand that the Service is an evolving one. Snowball may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time; such updates may be automatic, at your election, or mandatory if you wish to continue using the Apps, at Snowball’s discretion. Snowball may require that you accept updates to the Service and to Snowball's games you have installed on your computer or mobile device. You acknowledge and agree that Snowball may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Snowball's Games.
You shall not use or otherwise export or re-export the Apps, or any other software provided as part of the Service, except as expressly provided herein.
All payment transactions are administered by a third-party payment processor or third-party store. To the extent permitted by law, Snowball expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. Snowball is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.
The Virtual Items may be used exclusively within the Service. You receive only a limited, personal, non-transferable, non-exclusive, non-sublicensable, non-assignable, and fully revocable licence to use the Virtual Items in connection with the Service and as governed by these Terms. You have no right, title, interest, or ownership in or to any Virtual Items. Virtual Items have no monetary value and are not redeemable for any sum of money. You acknowledge that you do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use certain elements of the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or redemption of a Snowball game card or a third party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Purchase or redemptions of third party virtual currency to acquire a license to use virtual items are non-refundable.
You will receive no compensation for any Virtual Items that are deleted, modified, or to which you lose access if your Account is terminated, suspended, or otherwise limited as a result of a breach or a reasonably suspected breach of this Agreement, or Snowball’s decision to terminate, update, modify or suspend all or part of the Service..
Snowball prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Snowball in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Snowball's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree that Snowball will have no liability for the use or loss of Virtual Items for any reason, including due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized activity. Snowball may replace such lost Virtual Items under certain circumstances, in our sole discretion and on a case-by-case basis, without incurring any obligation or liability.
If you have just changed your mind about a Virtual Item. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions – see below for further detail.
(a) How long you have to change your mind depends on what you have ordered and how it is delivered: if you have bought digital content, including any Virtual Items, for download or streaming, you have 14 days after the day we confirm we accept your order, or, if earlier, until you start downloading or streaming the digital content, including any Virtual Items. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(b) You do not have a right to change your mind in respect of the following: digital products after you have started to download or stream these. By indicating your desire to purchase a licence to any digital content through the Service, including by clicking or tapping the relevant purchase button, you confirm that you acknowledge and agree that we will begin the provision of the Virtual Items to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
We may end the contract if you break it. We may end the contract for a Service at any time by writing to you if you materially breach these Terms.
We may withdraw the product. The Service is a free service and Snowball reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Snowball shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
Please retain copies of all User Content as Snowball is under no obligation to store or return any User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. Snowball only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. Snowball is under no obligation to monitor User Content or use of the Service. However, Snowball has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any User Content. Snowball reserves the right to discard or remove User Content from the Service in its sole discretion and without any liability whatsoever.
You represent and warrant the following as to your User Content:
• constitutes or promotes illegal activity;
• is infringing, libelous, defamatory, abusing, harassing, or threatening;
• contains any obscene, pornographic, racist, or otherwise offensive material;
• exploits or harms children, directly or indirectly, including by exposing them to inappropriate material or asking them for any personal information;
• promotes any commercial activity, including promoting goods or services or soliciting donations, except as may be specifically authorized by applicable Additional Terms;
• is subject to confidentiality or non-disclosure obligations;
• includes any visible logos or trademarks that belong to third parties;
• disguises its source or origin, or misrepresent its author, by modifying metadata or other identifiers;
• links to any third-party sites or services that would violate the standards contained in this list; or
• acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
In using the Service you also agree not to:
• attempt to interfere with the operation of the Service in any way;
• copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Service, except as authorized herein;
• use any data mining tools, robots, virus, worms, bugs, or similar data-gathering and extraction tools on the Service (including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Snowball game characters, elements, or environment), or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service. Snowball may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
• use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Service;
• use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Snowball game experience;
• use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Snowball game experience;
• without Snowball's express written consent, modify or cause to be modified any files that are a part of the Service;
• disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Snowball game environment (each a "Server"); or (2) the enjoyment of the Service or any Snowball game by any other person;
• intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
• make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
• use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Snowball;
• use the Service for any commercial purposes, including communicating or facilitating any commercial advertisements or solicitation, gathering or transferring Virtual Items, or sending “spam” or any malicious or disruptive communications;
• use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
• except where permitted by law or relevant open source licenses, decompile, reverse engineer, disassemble, or otherwise reduce the code used in any Apps, other software, or digital rights management feature on the Service into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Service or piece of Content available on the Service;
• intercept, record, or modify network communications transmitted between any Apps, software, or digital rights management features and Snowball’s networks or systems;
• solicit or attempt to solicit personal information from other users of the Service; or
• collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
When using the Service you shall also not assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without Snowball’s prior written consent which may be withheld in Snowball’s reasonable discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void).
If there is a conflict between any of the terms herein and your rights in your place of residence, your rights under applicable law will control as to those specific terms.
SNOWBALL DOES NOT WARRANT THAT THE SERVICE, OR ANY FUNCTIONS OF THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SNOWBALL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE.
SNOWBALL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS, INCLUDING WITHOUT LIMITATION YOUR ABILITY TO RELY ON IMPLIED WARRANTIES PERMITTED TO YOU BY LAW.
WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH YOU SUFFER IN RESPECT OF WHICH THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED BY US TO YOU, OR WHERE THE LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF THESE TERMS OF USE.
FURTHER TO THE ABOVE, WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR INTERRUPTION TO BUSINESS WHICH YOU SUFFER IN CONNECTION WITH THE SERVICES OR YOUR USE THEREOF. THIS IS A CONSUMER SERVICE AND IS NOT INTENDED FOR BUSINESS USE.
THE MATERIAL, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE SERVICES ARE NOT NECESSARILY THOSE OF OUR COMPANIES OR OTHER CONTENT PROVIDERS.
IN NO EVENT SHALL OUR LIABILITY TO YOU, OR YOUR LIABILITY TO US, UNDER THESE TERMS OF SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID SNOWBALL IN RESPECT OF THE RELEVANT SERVICE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM; AND (B) ONE HUNDRED US DOLLARS ($100).
NOTHING IN THESE TERMS LIMITS SNOWBALL’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM SNOWBALL’S NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
Snowball Games Studio
Attention: Copyright Agent
11 October, 33 A
1000 Skopje, Macedonia.
Email: copyright@167.71.253.170
If we are notified that any User Content infringes another’s intellectual property rights, we may remove such User Content. We have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms once or on a repeated basis.
support@167.71.253.170
Snowball Games Studio
11 October, 33 A
1000 Skopje, Macedonia.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.
Last updated: 1st August, 2018