TERMS AND CONDITIONS

Last reviewed 20th August 2019

The terms of this agreement ("Terms and Conditions") govern the relationship between you and CRUSHYT, regarding your use of games, websites and related services (the "Service" or “CRUSHYT Program”). In this Terms and Conditions, the terms "CRUSHYT", "we" and "us" refer to WIT Software S.A. The Agreement defines your rights and responsibilities as a user ("User").

Use of the Service is also governed by CRUSHYT's Privacy Policy and other relevant policies, which are incorporated herein by reference. Before accessing or using the Service, including browsing any website or accessing a game, you must agree to these Terms and Conditions and the Privacy Policy.

These Terms and Conditions, including all Terms, Conditions, and policies incorporated herein by reference, together with any legal notices published on our Websites or Applications, shall constitute the entire agreement between you and us concerning the CRUSHYT Program.

By installing, using or otherwise accessing the Service, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not install, use of otherwise access the Service. Use of the Service is void where prohibited.

CRUSHYT may modify these Terms and Conditions at any time, at our discretion. We will notify you by posting the modified Terms and Conditions on the Website or in the App. It is important that you review any modified Terms and Conditions before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms and Conditions.

In case you breach these Terms and Conditions, we may terminate your account, among other actions. You agree not be refunded for Services lost due to involuntary suspension or termination of your account.

1. License

Subject to your compliance with these Terms and Conditions, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download and install (1) our Applications to your supported device, and access and use our Websites and/or Services, solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

You may not:

  • Copy, modify or distribute our Applications for any purpose;
  • Transfer, sublicense, lease, lend, rent or otherwise distribute our Applications or our Services to anyone else;
  • Reverse-engineer, decompile or create derivative works of our Applications or our Services;
  • Make the functionality of our Websites, Applications or Services available to multiple Users through any means;
  • Use multiple accounts per individual User per device; or
  • Use our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions.

You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly-display, publicly-perform, transmit, stream, broadcast or otherwise exploit the CRUSHYT Program, except as expressly permitted in these Terms and Conditions. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CRUSHYT or its licensors.

If you accessed or downloaded our Applications from any App store or distribution platform (like the Apple Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:

  • These Terms and Conditions are concluded between you and us, and not with the App Provider, and that, as between CRUSHYT and the App Provider, we are solely responsible for our Application;
  • The App Provider has no obligation to furnish any maintenance and support services with respect to our Application;
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to our Applications or your possession and use of our Applications, including, but not limited to: (i) product liability claims; (ii) any claim that our Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
  • In the event of any third-party claim that our Applications or your possession and use of our Applications infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions;
  • The App Provider and its subsidiaries are third-party beneficiaries of these Terms and Conditions as related to your license of our Applications, and that, upon your acceptance of the Terms and Conditions of these Terms and Conditions, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as related to your license of our Application against you as a third-party beneficiary thereof;
  • You must also comply with all applicable third-party Terms and Conditions of service when using our Application.

2. License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

  • Engage in any act that CRUSHYT deems to be in conflict with the spirit or intent of the Service or make improper use of CRUSHYT 's support services;
  • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any CRUSHYT game or any CRUSHYT game experience;
  • Modify or cause to be modified any files that are a part of the Service or any CRUSHYT game without CRUSHYT 's express written consent;
  • Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing CRUSHYT 's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service;
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any CRUSHYT game environment;
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;
  • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by CRUSHYT, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis;
  • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including CRUSHYT employees, including CRUSHYT 's customer service representatives;
  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a CRUSHYT employee;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any CRUSHYT game, or to obtain any information from the Service or any CRUSHYT game using any method not expressly permitted by CRUSHYT;
  • Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any CRUSHYT game;
  • Collect 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.

CRUSHYT reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Service itself. CRUSHYT reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

3. Age Restrictions

The following restrictions apply to the use of the Service:

  • You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors;
  • Purchases made through the Applications are limited to users who have the legal age to be contractually bond or that have legal guardian consent to use the Service. Legal guardians can regulate their device settings for the App to restrict in-App purchases by a Child and must also monitor activity in their Child’s Account;
  • You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by CRUSHYT, or previously been banned from playing any CRUSHYT game;
  • You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

Please notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us with will be true, accurate, current and complete and that you are entitled to provide such information.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, CRUSHYT DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT OR LEGAL GUARDIAN. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THESE TERMS AND CONDITIONS AND ARE LIABLE FOR HIS/HER ACTIVITIES.

4. Login Information and Your Account

In order to access our Apps, you must create an account with us (“Account”). When you register, we will ask your username or your Facebook credentials. While you are using the App, we may also collect additional information, such as location or email address. If you want to know more on the information and how we collect it, please read our Privacy Policy.

You agree that you won’t disclose your Account credentials to anyone and you will notify us immediately of any unauthorized use of your Account. CRUSHYT takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.

You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

CRUSHYT reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.

The Service supports only one Account per game on a supported device.

5. Termination/Cancellation

You may terminate your Account at any time and for any reason by deleting your Account via our Application or by sending CRUSHYT an email notice with the subject line “cancel my CRUSHYT membership” to support@crushyt.com. By cancelling your CRUSHYT membership, your Account will be terminated and may no longer be accessible and all the Items, Purchases and Content will be immediately forfeited. Any termination request will be handled within 30 days of receipt of such a request by CRUSHYT.

WITHOUT LIMITING ANY OTHER REMEDIES, CRUSHYT MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR CRUSHYT SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS AND CONDITIONS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, CONTENT, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND CRUSHYT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

CRUSHYT RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS OR MORE. ONCE YOUR ACCOUNT IS DEEMED INACTIVE, YOUR ACCOUNT MAY BE TERMINATED AND ANY, OR ALL, CONTENT, BENEFITS, EARNED ITEMS AND PURCHASED ITEMS WITHIN YOUR ACCOUNT MAY BE FORFEITED, WITHOUT NOTICE AND AT CRUSHYT’S SOLE DISCRETION. SIMILARLY, IF ANY GAME REWARDS ARE NOT USED OR REDEEMED WITHIN 180 DAYS AFTER THEY ARE AWARDED, ALL SUCH UNUSED REWARDS MAY BE SUBJECT TO A FORFEITURE, AT CRUSHYT’S SOLE DISCRETION.

Upon termination, all licenses and other rights granted to you under these Terms and Conditions will immediately cease and you will forfeit all earned and purchased Items as well as all Content accrued. We will not be liable to you or any other person for termination of your Account or suspension of your access to our Services. Upon any termination or suspension, any information that you have submitted to our Services may no longer be accessed by you and there will be no refunds for any unused Virtual Currency or Virtual Goods once the transaction has been made. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person.

6. Ownership

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, scripts, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, graphics, artwork, animations, videos, interactive features, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, character profile information, recordings of games played using a CRUHSYT game client, and the CRUSHYT game clients and server software) are owned by CRUSHYT. CRUSHYT reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

7. Virtual Currency and Virtual Goods

The Services may include the use of a virtual currency (like, so called gold and diamonds, herein is referred as "Virtual Currency"), and use of this Virtual Currency to purchase virtual goods or services available only for use in the App (“Virtual Goods”). Virtual Currency is considered Content. You may access and purchase Virtual Goods for your personal, non-commercial use of the Services. You understand that you do not acquire any ownership rights in or to the Virtual Currency or Virtual Goods. The balance of Virtual Goods or Virtual Currency does not represent any monetary value and does not constitute currency or property of any type outside the Services. Virtual Currency may only be redeemed for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You agree that you will only obtain Virtual Currency and/or Virtual Goods from using the Services and through means provided by us, and not from any third party unless expressly authorized. Once you acquire a license to use Virtual Currency or Virtual Goods, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these Terms and Conditions and will result in cancellation of such Virtual Currency or Virtual Goods or the termination of your Account.

During the term of your license to your Virtual Currency, you may redeem your Virtual Currency for the corresponding Virtual Goods. All Virtual Currency, Virtual Goods, and other Content is provided "as is," without any warranty. You agree that all sales by us to you of Virtual Currency and Virtual Goods are final and that we will not allow any exchanges or refunds for any unused Virtual Currency or Virtual Goods once the transaction has been made.

Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Goods or Virtual Currency appearing or originating in any CRUSHYT game, whether earned in a game or purchased from CRUSHYT, or any other attributes associated with an Account or stored on the Service.

Generally, we have the right to offer, modify, eliminate, and/or terminate Virtual Currency, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Currency or Virtual Goods, we will provide at least 30 (thirty) days advance notice to you by posting a notice through the Services or through other communications.

8. Earning Items in the CRUSHYT Applications

By using the CRUSHYT Applications, you are entitled to earn various in-app Items (“Rewards”) according to your performance or actions. These Rewards may be in the form of Items that will be necessary to keep playing or will give you some sort of leverage.

These Rewards may be received according to your performance (rank or level), daily visits to the App or any other way that CRUSHYT may present from time to time. You may win Rewards by performing actions in the Map (such as combatting, participating in arenas tournaments, winning badges, hunting, mining, exploring, visiting shrines or other actions that we may add or remove at our sole discretion). You can also buy soft-currency that will allow you to buy Rewards or other Items, at your sole discretion.

9. Donating Items

The Apps may permit users to donate virtual items to other players, including but not limited characters, game resources or other items ("Donated Items"), during gameplay. Unlike Virtual Currency and Virtual Goods, Donated Items are obtained at no additional charge during gameplay. Donated Items are a category of Content, and you acknowledge that you do not acquire any ownership rights in or to Donated Items and that Donated Items do not have monetary value. Donated Items can never be sold, transferred, or exchanged for Virtual Currency, Virtual Goods, “real” goods, “real” money, or “real” services, or any other consideration from us or anyone else.

You agree that you will only obtain Donated Items from other users and through means provided by CRUSHYT, and not through any third-party platform, broker, or other mechanism, unless expressly authorized. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account or cancellation of such Donated Items. All Donated Items and other Content are provided "as is," without any warranty, except where prohibited under applicable law.

10. 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 gold and diamonds, all for use in CRUSHYT games; (b) "virtual in-game items" (together with "Virtual Currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.

CRUSHYT may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. CRUHSYT shall have no liability to you or any third party in the event that CRUSHYT exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to CRUSHYT, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in CRUHSYT games is a service provided by CRUSHYT that commences immediately upon acceptance by CRUSHYT of your purchase.

11. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. CRUSHYT may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT CRUSHYT 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.

12. User Generated Content

Certain sections of the CRUSHYT Program may allow you to post or upload text, images and other content for display or publication on CRUSHYT Applications or Websites; for exchange with other users within the chat function of our Application; or for display and publication in social networks (“User Content”). By submitting User Content to CRUSHYT, you hereby grant CRUSHYT a worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute copies of, prepare derivative works of, display, and perform publicly the User Content in connection with the CRUSHYT Program and CRUSHYT’s business, including, without limitation, for promoting and redistributing part or all of the CRUSHYT Program in any media formats and through any media channels, as permitted by Law. Any User Content that you submit via the CRUSHYT Program may be viewed by, and shared with, other people, for example, on third-party social networks like Facebook or Instagram, based on the settings you select for your Account. In addition, any feedback, comments and suggestions you may provide for improvements to our Websites, Applications or Services (“Feedback”) will be the sole and exclusive property of CRUSHYT and you hereby irrevocably assign to CRUSHYT all of your right, title and interest in, and to, all Feedback.

When submitting User Content, you agree not to: (i) submit material that violates anyone else’s proprietary rights, including intellectual property rights and privacy, confidentiality and publicity rights or which can be considered spam or junk mail; (ii) knowingly publish false or inaccurate information; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements, “pyramid schemes,” chain letters or other solicitations; or (v) impersonate another person. In addition, you agreed to abide by the CRUSHYT Rules anytime you access our Websites or Applications.

CRUSHYT does not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We reserve the right to decide whether User Content is appropriate and complies with these Terms and Conditions and may remove such User Content and/or terminate your ability to upload material in violation of the Terms and Conditions, at any time, without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or otherwise making available User Content or other materials that are believed to violate these Terms and Conditions.

Subject to your compliance with these Terms and Conditions, CRUSHYT grants you a personal, non-commercial, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services. "Content" means the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. “User Content” means any Content a user of a Service provides to be made available through Services.

CRUSHYT does not claim ownership rights in User Content and nothing in these Terms and Conditions restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, CRUSHYT and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms and Conditions. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by CRUSHYT on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against CRUSHYT or any third party designated by CRUSHYT.

13. Your License to CRUSHYT

By making any User Content available through the Services you grant to CRUSHYT an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to CRUSHYT the right to authorize others to exercise any of the rights granted to CRUSHYT under these Terms and Conditions. You further hereby grant to CRUSHYT the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. CRUSHYT does not claim any ownership rights in your User Content and nothing in these Terms and Conditions is intended to restrict any rights that you may have to use and exploit your User Content. CRUSHYT has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

14. Content Screening

CRUSHYT assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms and Conditions, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation any chat text.

CRUSHYT reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time CRUSHYT chooses, in its sole discretion, to monitor the Service, CRUSHYT nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

15. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. CRUSHYT cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. CRUSHYT shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

16. Interactions between Users

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or CRUSHYT games. CRUSHYT reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with CURSHYT to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting CRUSHYT access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

17. Misbehaviour

As aforementioned, you can engage in some team or clan and play in a collaborative way, provided that all players play in mutual respect and follow our Terms and Conditions to avoid misbehaviour. If you don’t follow these rules, you can be excluded from the game and your account will be terminated at CRUSHYT’s sole discretion and without further notice. The following situations are forbidden:

  • • Threatening people on an individual or collective attack, in response of a single attack or any other situation;
  • • Paying other players to attack specific opponents;
  • • Abusive and bullying behaviour towards one or more players;
  • • Any discriminatory action or communication, including, but not limited to, against culture, gender, race and religion;
  • • Other situations not included here, and considered abusive at CRUSHYT’s sole discretion;
  • • Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.

You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release CRUSHYT (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

18. Communications between CRUSHYT and You

By accessing and using the CRUSHYT Program, you agree that we may collect, use and disclose, as set forth in the Privacy Statement, certain information about you, and in some cases other parties, provided to CRUSHYT. We may use this information to contact you by chat within our Applications, for the purpose of informing you of changes or additions to our Applications or Services (any such contact is a “Message”). You agree that any Message that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Some Messages you may receive are via your smartphone. For example, you may receive push notifications, chat messages, picture messages or other types of messages directly sent to inside our Application. We may also offer you the opportunity to invite your friends or contacts to download the CRUSHYT Application and enjoy our Services. You may invite one or more of your friends or contacts using text messaging (SMS), Email, WhatsApp, Facebook Messenger, or other forms of communication. Depending on your phone’s functionality, we may suggest content for the message and you may edit said suggested content. If you choose to send invitations, you represent to CRUSHYT that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited and that you made the active choice to send these invitations. In general, you have control over the settings for types of Messages and can opt-in or out of these via the CRUSHYT Program, or through the phone’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). CRUSHYT is not responsible or liable for sending any invitation messages; these are expressly sent by you, should you choose to make these invitations. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.

We have no intention of spamming you with unwanted messages and you may opt-out of advertising and marketing communications at any time by following the unsubscribe instructions included in each communication. Please note, however, that we do need to send you certain communications regarding the CRUSHYT Program and your Account and you will not be able to opt-out of those communications – e.g., communications regarding updates to our Terms and Conditions or Privacy Statement. Please see our Privacy Statement for further information on how we manage and process your Personal Information.

19. Updates of the Service

You understand that the Service is an evolving one. CRUHSYT may require that you accept updates to the Service and to CRUSHYT's games you have installed on your device or computer. You acknowledge and agree that CRUSHYT may update the Service and CRUSHYT games, 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 CRUSHYT games.

20. Modifications to this Agreement

We reserve the right, in our sole discretion, to modify, discontinue or terminate any or all of the CRUSHYT Program, or modify these Terms and Conditions at any time. Changes will be posted on our Website and in our Applications, via a Message, and by changing the date of the last revision on this Agreement. All modified Terms and Conditions will be immediately effective, as of the date the modified Terms and Conditions are posted, or as quickly as permitted, and will apply to all Users, regardless if you created an Account or not. If any portion of this Agreement or any change to the Terms and Conditions, Websites, Applications or CRUSHYT Program is unacceptable to you, or will cause you to no longer be in compliance with the Agreement, you must cease using our Services and, if applicable, terminate your Account. As indicated herein, if you choose to opt-out of the Services, CRUSHYT may forfeit any or all Game Items and Rewards in your Account after the prior notice period. By continuing to access or use the CRUSHYT Program after the changes are effective, you agree to be bound by such changes.

21. Additional Terms

Periodically, CRUSHYT and/or its partners may organize game tournaments (“Tournaments"). In addition to these Terms and Conditions, Tournaments will be subject to particular Terms and Conditions which we shall communicate to you at the time of those Tournaments. By participating in any Tournament, you will become subject to those “Tournament Terms and Conditions”. All Tournament Terms and Conditions are incorporated into, may vary from, and shall supersede these Terms and Conditions. CRUSHYT urges you to read the Tournament Terms and Conditions. Our Privacy Policy, in addition to these Terms and Conditions and any Tournament Terms and Conditions, governs any information you submit in connection with such Promotions.

22. Liability Disclaimer, Limitation of Liability and Indemnity

22.1 Liability Disclaimer

WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY AND/OR ACCURACY OF THE CONTENT, APPLICATIONS, WEBSITES OR SERVICES AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, CONDITIONS AND/OR REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE OFFER THE CONTENT, APPLICATIONS, WEBSITES, SERVICES AND CRUSHYT PROGRAM ON AN "AS IS” BASIS AND DO NOT ACCEPT RESPONSIBILITY FOR ANY USE OF OR RELIANCE THEREON, OR FOR ANY DISRUPTIONS TO OR DELAY IN YOUR USE OF EACH. IN ADDITION, WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPREHENSIVENESS, COMPLETENESS, QUALITY, TIMELINESS, ERROR-FREE NATURE, COMPATIBILITY, SECURITY OR FITNESS FOR PURPOSE OF THE CONTENT, APPLICATION, WEBSITE, SERVICES OR CRUSHYT PROGRAM. CRUSHYT DOES NOT GUARANTEE THE ADEQUACY OF THE CONTENT, APPLICATIONS, WEBSITES, SERVICES AND CRUSHYT PROGRAM OR COMPATIBILITY THEREOF TO YOUR COMPUTER EQUIPMENT, MOBILE DEVICES OR ENVIRONMENT AND DOES NOT WARRANT THAT THE CONTENT, APPLICATIONS, WEBSITES, SERVICES AND CRUSHYT PROGRAM, THEIR SERVERS OR ANY MESSAGES WHICH MAY BE SENT FROM CRUSHYT ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

22.2 Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE LIMIT OUR LIABILITY. IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT WE CAUSE UNINTENTIONALLY AND WE SHALL NOT BE LIABLE TO YOU FOR ANY ACTUAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, PROVIDED THAT NOTHING IN THIS AGREEMENT WILL BE INTERPRETED SO AS TO LIMIT OR EXCLUDE ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY LAW. FOR EXAMPLE, WE SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE (WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE, KNOWN OR OTHERWISE): (I) LOSS OF REVENUE; (II) LOSS OF ACTUAL OR ANTICIPATED PROFITS; (III) LOSS OF THE USE OF MONEY; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OR CORRUPTION OF, OR DAMAGE TO, DATA, SYSTEMS OR PROGRAMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS AS BROAD AS THOSE STATED ABOVE, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY SECTION OF THE CONTENT, APPLICATIONS, WEBSITES, SERVICES AND ANY CRUSHYT PROGRAM, OR WITH ANY CLAUSE OF THESE TERMS, AS YOUR SOLE AND EXCLUSIVE REMEDY, YOU MAY DISCONTINUE USING THE CRUSHYT PROGRAM. ALTHOUGH WE WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT, YOU MAY BE LIABLE TO OTHERS AS WELL AS TO US IF YOUR ACCOUNT IS USED IN VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN NO EVENT WILL CRUSHYT’S TOTAL LIABILITY ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE CRUSHYT PROGRAM, EXCEED THE AMOUNTS YOU HAVE PAID DIRECTLY TO CRUSHYT FOR USE OF OUR SERVICES, IF APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CRUSHYT AND YOU.

22.3 Indemnity

You agree to defend, indemnify and hold harmless, CRUSHYT, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including, but not limited to, attorney’s fees) arising from: (i) your use of our Applications, Websites, Services and CRUSHYT Program; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property, privacy or confidentiality right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of our Applications, Websites and Services.

23. Dispute Resolution and Law

If a dispute arises between you and CRUSHYT, we strongly encourage you to first contact us directly to seek a resolution by sending an email to legal@crushyt.com. Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. To that end, you agree to first contact CRUSHYT, using the email above, to describe the problem and seek a resolution. If that does not resolve the issue, then you and CRUSHYT agree that any dispute or claim relating to your use of our Applications, Websites and Services will be resolved through binding arbitration, rather than in court, except that you may assert claims in a small claims court, if your claims qualify. In addition, you and CRUSHYT both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If, for any reason, a claim proceeds in court rather than in arbitration, you and CRUSHYT each waive any right to a jury trial.

You and CRUSHYT agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative action. Furthermore, unless both you and CRUSHYT agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. This entire arbitration provision shall survive termination of this Agreement and the termination of your CRUSHYT membership(s).

If any controversy, allegation or claim (including any non-contractual claim) arises out of, or relates to, our Services or Terms and Conditions, then you and we agree to send a written notice to the other, providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. Your notice to us must be sent to us at . For a period of sixty (60) days from the date of receipt of notice from the other party, CRUSHYT and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or CRUSHYT to resolve the dispute on Terms and Conditions which either you or CRUSHYT, in each of our sole discretions, are uncomfortable with.

If your dispute against CRUSHYT involves a paid CRUSHYT Service and we are unable to resolve it through dialogue (as described above), CRUSHYT will use Directive 2013/11/EU on Consumer Alternative Dispute Resolution. The European Commission Online Dispute Resolution (“ODR”) can be accessed at: https://ec.europa.eu/consumers/odr

If you are a resident of the United States, these Terms and Conditions and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CRUSHYT must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and CRUSHYT shall be governed by the laws of Portugal, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CRUHSYT must be resolved exclusively by a court located in Portugal.

Each Party will be responsible for its expenses throughout the Arbitration or Court Process. Unless If the Arbitrator or Court of Law finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose, there will be no expense claim of Expenses.

24. Miscellaneous

Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These Terms and Conditions are personal to you and, as a result, you may not, without the written consent of CRUSHYT, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.

Severability: In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms and Conditions shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

Waiver: Any failure by us to enforce any of the Terms and Conditions of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms and Conditions be taken to be a waiver of the provision or provisions itself.

Supplemental Policies: CRUSHYT may publish additional policies related to specific services such as forums, contests, tournaments, challenges or loyalty programs. Your right to use such services is subject to those specific policies and these Terms and Conditions.

Complete Agreement: This Agreement, including any Terms and Conditions, conditions and policies expressly referenced herein, together with any legal notices published on any of our available platforms, shall constitute the complete understanding and agreement between you and us and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by CRUSHYT.

25. Terms and Conditions Specific to Residents of the Republic of Korea

If you live in the Republic of Korea, the E-Commerce Act provides you with certain rights to refunds within seven (7) days of purchase. However, please note that once you exchange Virtual Currency for Virtual Goods within the App, a refund will no longer be available. We reserve the right to control, regulate, change, or remove any Virtual Currency or Virtual Goods as permitted under applicable law without any liability to you.

26. Terms and Conditions Specific to Residents of the EEA

Purchases and Refunds Services

If you live in the EEA, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Currency from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Currency involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the EEA, we will provide you with a VAT invoice when we are required to do so by law. You agree that these invoices may be electronic in format. We reserve the right to control, regulate, change, or remove any Virtual Currency or Virtual Goods without any liability to you.

27. Terms and Conditions Specific to Residents of Germany

Limitation of Liability

In the event of intentional or gross negligence, including by its representatives and vicarious agents (Erfüllungsgehilfen), either Party shall be liable according to statutory provisions. The same shall apply in the event of culpably caused damages resulting from an injury to life, body or health, in the event of damages resulting from a violation of a guarantee as to quality (Beschaffenheitsgarantie), as well as in the event of defaults concealed fraudulently (arglistig verschwiegene Mängel). In the event of damages to property and financial damages (Sach- und Vermögensschäden) caused by slight negligence of either Party, its representatives or vicarious agents, such Party shall be liable only in the event of a violation of a contractual core duty (wesentliche Vertragspflicht), however limited to the amount of the damage which was foreseeable at the time of conclusion of the contract and typical taking into account the nature of the contract (vorhersehbarer und vertragstypischer Schaden). Contractual core duties are such duties whose accomplishment enables proper fulfilment of an agreement and whose observance the contracting parties may and do regularly rely on. Insofar as statutory limitations of liability acc. to Sec. 521, 599 German Civil Code apply to the provision of services free of charge, they remain unaffected by the aforementioned provisions. Liability based on the German Product Liability Act shall remain unaffected. Any further liability of either Party other than set out above shall be excluded.

28. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms and Conditions to CRUSHYT are of a unique and irreplaceable nature, the loss of which shall irreparably harm CRUSHYT and which cannot be replaced by monetary damages alone so that CRUSHYT shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any CRUSHYT game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 22 (if any).

29. Force Majeure

CRUSHYT shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CRUSHYT, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond CRUSHYT's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

30. Notices

We may notify you via postings on www.crushyt.com, via in-App chat, via e-mail or any other communications means to contact information you provide to us.

31. Contact Us

If you have any questions about these Terms and Conditions, please contact us at .

We hope you will enjoy using CRUSHYT.