Terms of Service

These Terms of Service govern your use of our interactive entertainment products, our apps, our websites (including but not limited to https://www.simplygoodgames.com), and any related services provided by Simply Good Games LLC ( the “Simply Good Games Services”).

When you download, install, or use any of the Simply Good Games Services, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the Simply Good Games Services, or using any other services provided by Simply Good Games LLC.

If you access or download the Simply Good Games Services from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, Simply Good Games LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 30 October 2021.

Limitations of Use

By using the Simply Good Games Services, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer our apps or any materials and software contained within our apps or on our websites;
  2. remove any copyright or other proprietary notations from our apps or any materials and software contained within our apps or on our websites;
  3. transfer our apps or any of its associated materials to another person or “mirror” the materials on any other server;
  4. knowingly or negligently use our apps, websites, or any associated services in a way that abuses or disrupts our networks or any other service Simply Good Games LLC provides;
  5. use our apps, websites, or any associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use our apps, websites, or any associated services in violation of any applicable laws or regulations;
  7. use our apps, or websites, or any associated services to send unauthorized advertising or spam;
  8. harvest, collect, or gather user data without the user’s consent; or
  9. use our apps, or websites, or any associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Purchases; Game Currency

Certain features of the Simply Good Games Services may be subject to a fee. These features may include the possibility to purchase upgrades (such as access to certain elements in the Simply Good Games Services) or to purchase virtual currency to play a Game (“Game Currency”). Applicable fees are displayed in the Simply Good Games Services in connection with the respective feature of the Simply Good Games Services. We reserve the right to change the pricing for the goods and services offered through the Simply Good Games Services, including the Game Currency, at any time.

The Game Currency or upgrades, where applicable, can be purchased for real money or won during gameplay, but they have no cash value. Any Game Currency you purchase or win during gameplay is licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis and only for non-commercial use in the Simply Good Games Services. Game Currency is licensed, not sold to you. Game Currency may never be redeemed for actual monetary instruments, goods or other items of monetary value from Simply Good Games LLC or any other party. You agree not to sell, trade, redeem or otherwise transfer Game Currency to any person or entity, including but not limited to another user or any third party, or in any other way cash out or exchange the Game Currency for real money or for any real goods.

You are responsible for all charges and usage on your User Account or using your user credentials and all purchases made by you or anyone that uses your User Account or user credentials, including applicable taxes. You may pay using the methods available in the Simply Good Games Services from time to time, which may include payment via your Facebook, Apple, Google or Amazon account, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase.

You (i) represent that you are authorized to use the payment method you use and that any payment information you provide is true and accurate; and (ii) authorize us and/or the applicable payment provider to charge you for the Simply Good Games Services using your payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify the us and the applicable payment provider if your credit card is canceled, lost or stolen or if the security of your payment method has otherwise become compromised.

Provision of Game Currency and any upgrades is a service that is offered to you as a part of the Simply Good Games Services. By paying the applicable fees you acknowledge and agree that the provision of the Game Currency or any upgrades commences immediately upon you subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply.

ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. IN PARTICULAR, ANY PAYMENT FOR LICENSE FOR GAME CURRENCY OR UPGRADESIS ALWAYS FINAL AND NON-REFUNDABLE.

PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR ANY GAME CURRENCY THAT IS LOST, DAMAGED, DELETED OR USED INAPPROPRIATELY, OR FOR GAME PLAY INTERRUPTIONS OR PREMATURE GAME TERMINATION, REGARDLESS OF CAUSE, THAT RESULT IN GAME CURRENCY BEING SPENT. WE MAY MANAGE, REGULATE, MODIFY, CONTROL OR ELIMINATE GAME CURRENCY AT ANY TIME IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE. IF WE EXERCISE SUCH RIGHTS, WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY.

SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE ANY REFUNDS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT ALL GAME CURRENCY WILL BE FORFEITED AND YOU WILL NOT BE ENTITLED TO RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED GAME CURRENCY WHEN AN ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, REGARDLESS OF WHETHER SUCH TERMINATION OR SUSPENSION WAS VOLUNTARY OR INVOLUNTARY, OR IF WE DISCONTINUE PROVIDING THE SIMPLY GOOD GAMES SERVICES OR ANY PARTICULAR GAME.

You are solely responsible for any costs you incur to access the Simply Good Games Services through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.

Intellectual Property

The intellectual property in the materials in Simply Good Games Services are owned by or licensed to Simply Good Games LLC. You may download our applications to view, use, and display the applications on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Simply Good Games LLC at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication within the Simply Good Games Services. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use Simply Good Games Services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Automatic Updates

You give us permission to download and install updates to Simply Good Games Services on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Simply Good Games Services from your device.

Liability

Simply Good Games Services and the materials in Simply Good Games Services are provided on an ‘as is’ basis. To the extent permitted by law, Simply Good Games LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Simply Good Games LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Simply Good Games Services, or any other services provided by Simply Good Games LLC or the materials in Simply Good Games Services, even if Simply Good Games LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in Simply Good Games Services are not comprehensive and are for general information purposes only. To the extent permitted by law, Simply Good Games LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Simply Good Games Services, or otherwise relating to such materials or on any resources linked to Simply Good Games Services.

Links

Simply Good Games LLC has not reviewed all of the sites linked to Simply Good Games Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Simply Good Games LLC of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Notice regarding Apple

To the extent that you are using or accessing Simply Good Games Services on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Simply Good Games LLC only, not with Apple Inc. (Apple), and Apple is not responsible for Simply Good Games Services and any materials available in Simply Good Games Services.

Apple has no obligation to furnish you with any maintenance and support services with respect to Simply Good Games Services.

If Simply Good Games Services fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Simply Good Games Services and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to Simply Good Games Services or your use of Simply Good Games Services, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using Simply Good Games Services, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Right to Terminate

We may suspend or terminate your Simply Good Games Services account and right to use Simply Good Games Services and these Terms of Service immediately for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of United States. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.