Terms of Use Overview
Please read these Terms. If you do not understand these Terms, or do not accept any part of them, then please do not use or purchase the Services, such as our games our websites. By installing, using, or accessing our Services you accept these Terms and Privacy Policy. You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agreed to these Terms and is happy for you to access and use our Services.
Licence
We grant you a non-transferrable, non-exclusive, and revokable license to use our Services for your own non-commercial entertainment purposes according to these Terms. You agree not to use our Services solely for these purposes. The license commences on the date that you accept these Terms and install or otherwise use our Services. The license ends on the earlier of your removal of the Services or our termination of the license in accordance with these Terms.
To Use Our Services
You must not be located in a country that is subject to an embargo by the government of the United States of America. You must comply with the laws of your location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and using our Services. You must also comply with any terms for Services relevant to our games, such as the Apple App Store and Google Analytics.
You must not use or attempt to use our Services for any illegal purpose. These purposes include, but are not limited to, selling, transfering, redistributing, sublicensing, leasing, renting, or lending our Services or creating derivative works. These purposes also include attempts to reverse engineer, disassemble, decompile, 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.
Intellectual Property
You agree that all Intellectual Property relating to our Services is owned by or licensed by us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our Services.
Our Services may allow you to create User Content. To the extent that any User Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant us a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable license to use, exploit or modify your User Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your User Content.
Disclaimer and Release
To the fullest extent permitted by law, we are not liable for any claims or losses arising directly or indirectly from: 1. a failure to provide our Services, or any part thereof; 2. corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any of our Services; 3. any suspension or discontinuance of any of our Services, or any part thereof; or 4. any use of our Services by other users, including any use of our Services by other users which contravenes these terms.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.
You must take your own precautions to ensure your access to our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your Devices which arises in connection with your use of our Services.
Warranty
Our services are provided on an "as is" and "as available" basis for your use. You understand that our services cannot be guaranteed to be error free and the existence of any errors will not be a breach of these terms.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL STEP AHEAD STUDIOS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE PRODUCTS OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PRODUCTS; OR (IV) FOR ANY MATTER BEYOND STEP AHEAD STUDIOS'S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that you have exercised your independent judgment in acquiring our services and have not relied on any representation we have made which has not been stated expressly in these terms or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us.
If you purchased our services from the IOS App Store, in the event of any failure of our services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You agree that, to the maximum extent permitted by law, apple will have no other warranty obligation whatsoever with respect to our Services, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by us in accordance with these Terms.
Governing Law
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of Texas without regard to its conflict or choice of laws provisions. Any dispute with us, or our members, officers, directors, employees, affiliates, agents and third party licensors, arising under or in relation to this Agreement shall be resolved exclusively through final, binding, non-appealable arbitration in accordance with the American Arbitration Association rules in English, in front of one arbitrator with at least ten years experience in the area of the dispute. Each party shall equally bear the fees associated with such arbitration unless the arbitrator finds such to be an undue hardship on you and in that case, we shall bear the entire cost of the arbitration fees, excluding your attorneys' fees. You may participate in such arbitration by mail and phone to the fullest extent allowed by the rules and the arbitrator. The arbitrator shall not issue a written opinion along with the judgment. You understand that, in return for agreement to this provision, we are able to offer the Products at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement. You hereby consent to the personal jurisdiction of the courts and arbitration proceedings described above.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Products or this Agreement: ul li (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and li (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Entire Agreement/Severability
These Terms, together with the Privacy Policy and any amendments, shall constitute the entire agreement between you and Step Ahead Studios concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Privacy
Please see our Privacy Policy for details.
Contact
Please send any questions to contact@stepaheadstudios.com or use the contact form on our website. You can also call us at 214-717-5559.
Terms of Use Updates
We will update these Terms of Use from time to time. We may require that you accept these updated Terms of Use. Please check back regularly for updates.