Terms of Service Agreement

This is the official Terms of Service Agreement (the "Terms") govern your use of all applications, web sites or mobile web sites owned or operated by Spectacle Games, Inc. and third parties, including the web site located at www.spectaclegames.com (the "Site"). Spectacle Games publish Games which can be installed and played on PC, Mac Computers and Mobile Devices (the “Games”). By using this Website or accessing any of our Game(s) (including gamerelated Virtual Items, if any), you agree to accept and be bound by the Terms of Service appearing in this document, and agree to comply with any Rules of Conduct (LINK), the Privacy Policy (LINK) and any enduser license agreement applicable to our games.

1. Eligibility and Registration

You must be at least 18 years old to use the Site or the Services. If you are under 18, you may use the Services only with permission of a parent or guardian. Spectacle Games, Inc. allows users to access and view the Website without registering but for purposes of actual game play or use of their services, registration is essential. By registering you can choose Spectacle, Facebook or Google and we may require you to have a unique user name and password combination.

2. Privacy

Please read our Privacy Policy (LINK), and is incorporated herein by this reference, which describes the personal information we collect, use, disclose, manage and store. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns. You can access, edit and update your Account information at any time through the Site's Account Management feature. You are responsible for maintaining the confidentiality of your Account and for all activities which occur through the use of your Account, including purchases, whether or not authorized by you. Account sharing and/or providing account information to others may result in suspension, termination or cancellation of your access to the Site, a Game or the Service without refund (including any charges whether or not authorized by you.) When you use an appstore, we collect no data from you. Even if you are requested to enter in a password to your account while you are using an application. We generating some of the data requested to connect to our servers, so after you unset a DNS in your WiFi settings, you can be asked about password again.

3. Ownership

Spectacle Games, Inc., its Parent Companies, and its Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers, suppliers, and operational service providers owns and are legally protected, without limitation, under U. S. Federal and State, as well as applicable foreign laws, regulations and treaties, has licensed, or otherwise has rights to all of the content that appears on the Site. Including all site software, design, text, images, photographs, illustrations, audio and video material, artwork, items, graphic material, databases, applications, proprietary information and all copyrightable or otherwise legally protectable elements of the Site. You agree that you have no right or title in or to any such content, including without limitation any other attributes associated with any Account or stored on the Service. Any and all content, and all material or information, that you submit (e.g. by uploading or transmitted) to Spectacle (collectively, “the Content”) shall be deemed, and shall remain, the property of Spectacle and/or its third party providers from the moment of creation.

4. Conditions of Use

You will not, nor allow third parties on your behalf to (a) make and distribute copies of the application (b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (c) create derivative works of the Application of any kind whatsoever. The Game(s) Application is currently made available to you free of charge with an option to pay for virtual currency. Spectacle Games reserves the right to amend or withdraw any Game(s) Application, or charge for the application or service provided to you in accordance with these terms, at any time and for any reason. You acknowledge that the Terms of Service with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using any Spectacle Games, Inc. Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.

5. International Conditions of Use

This Site is controlled and operated by Spectacle Games Inc. from its offices within California, United States of America. Spectacle Games Inc. makes no representation that the Site, Applications, or related information offered by Spectacle Games Inc. are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

6. Contest, Sweepstakes, Auctions and Promotions

Occasionally, Spectacle Games Inc., its Parent Companies, the Affiliates or the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions") which may be subject to Additional Terms and/or Rules.

7. Advertising

You acknowledge and agree that the website and/or the Games may contain advertisements. Clicking a hyperlink may direct you away from the Website. Also, other sites may have different terms of service and different privacy policies. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website and/or in the Games, You acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Spectacle shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and/or the Games and acknowledge that such access may involve thirdparty fees (such as Internet service provider access or data fees).You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website and/or the Games.

8. Mobile Applications

If you downloaded any Spectacle Mobile Game(s) App on the Apple App Store, see section (b). (a) Spectacle Games, Inc. hereby grants to you, the user, a personal, noncommercial, nontransferable license to use one (1) copy of the Spectacle Mobile Game(s) Apps solely on the mobile device and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Spectacle Games Mobile Game(s) Apps are owned by Spectacle Games Inc. and/or its suppliers and publishers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Spectacle owned Mobile Game(s) Apps is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE BUNGIE MOBILE APPS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Spectacle Mobile Game(s) Apps, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or reexport the Software, directly or indirectly, to any countries, individuals or organizations that are subject to USA export restrictions. You hereby authorized Spectacle to access and use the address book, contact lists or other similar items contained in the devices to which you have downloaded the Spectacle Mobile Game(s) Apps for purposes of your use of the Spectacle Mobile Game(s) Apps.. (b) This Section should only apply to you if you have downloaded and use any Spectacle Mobile Game(s) Application from the Apple App Store. Spectacle Games Inc. and you acknowledge that these Terms are entered into solely between you and us, and not with any third party, including Apple, Inc. These Terms are not intended to provide for usage rules for the Software that are less restrictive than, or otherwise conflict with, the Usage Rules set forth for Licensed Applications in the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review and accept). Subject to all the terms and conditions herein, Spectacle Games, Inc. hereby grants you a personal, limited, noncommercial, nonexclusive, nonsublicensable, nonassignable, revocable license to download, install and use one (1) copy of the Spectacle Mobile Game(s) App, in object code form, only on your App Store compatible device (the "Device") for the sole purpose of personally using the Spectacle Games Services and as permitted by the Usage Rules set forth in the App Store Terms of Service as of the date hereof. You acknowledge that, in the event of any third party claim that the Spectacle Mobile Game(s) App or your possession and use of the Spectacle Mobile Game(s) App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You further acknowledge that Apple has no responsibility for addressing any claims relating to any of the Spectacle Mobile Game(s) App or your possession and/or use of the Spectacle Mobile Game(s) App or Mobile Services, including but not limited to (a) product liability claims; (b) any claim that the Spectacle Mobile Game App fails to conform to any applicable legal or regulatory requirement; and (c) any claims arising under consumer protection or similar legislation. Only with respect to Spectacle Mobile Game(s) Apps distributed through the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are thirdparty beneficiaries of these terms, and that, upon your acceptance of the terms and conditions of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a thirdparty beneficiary hereof.

9. Virtual Currency and Items

You may have the opportunity to use virtual, ingame or inapp currency ("Virtual Currency") or license a variety of virtual, ingame or inapp items ("Virtual Items") that can be used through the Spectacle Games Inc. You may be required to pay a fee to obtain Virtual Items or Virtual Currency. You have no property interest in any Virtual Currency or Virtual Items. Any purchases of Virtual Currency or Virtual Items (whether through actual monetary transactions or accumulation through membership benefits or gameplay) are purchases of a limited, nontransferable, revocable license to use such Virtual Items or Virtual Currency within the applicable Spectacle Mobile Game(s) App. Virtual Currency and Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Currency and Virtual Items have no monetary value, and cannot be used to use products or services other than within the applicable Spectacle Mobile Game(s) App. Virtual Currency and Virtual Items cannot be refunded or exchanged for cash or any other tangible value. If you do not redeem your Virtual Currency or Virtual Items, so long as your Spectacle Games Inc. account remains active and in good standing, you will be offered an opportunity to convert any unused Virtual Currency or Virtual Items into one or more ingame or other options determined by Spectacle Games in its sole discretion. All Virtual Currency and Virtual Items are unconditionally forfeited if your Spectacle Games account is terminated or suspended for any reason, in Spectacle Games Inc. sole discretion, or if Spectacle Games discontinues any Virtual Currency or Virtual Item program. Spectacle Games Inc. has no liability for hacking or loss of your Virtual Currency or Virtual Items. Spectacle Games Inc. has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items lost due to your violation of these terms and conditions. Spectacle Games Inc. reserves the right, without prior notification, to limit the order quantity on any Virtual Currency or Virtual Items and/or to refuse to provide you with any Virtual Currency or Virtual Items. Price and availability of Virtual Currency and Virtual Items are subject to change without notice.

10. Disclaimer and Liability

The Information and materials provided on this website and in the games are provided (“as is”). Specifically, but without limitation, massive damage does not represent, warrant or offer any conditions that: (a) The information or materials on this website and/or in the games are correct, accurate, reliable or complete; (b) The Functions contained on this website and/or in the game(s) will be uninterrupted or errorfree; (c) Defects will be corrected, or (d) This website, the game(s) or the server(s) that makes them available are free of viruses or other harmful components. Massive damage specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, noninfringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the website or the game(s) is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Massive damage does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the website or in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website or in the game(s), and massive damage shall not be a party to any transactions that you may enter into with any such third party. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that Spectacle Games Inc. (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that Spectacle Games Inc. cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services. NO RESPONSIBILITY FOR CONTENT. You acknowledge and understand that the content of the chat services provided on the Website and/or in the Game(s) is entirely the responsibility of the person from whom such content originated. Therefore, You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. MASSIVE DAMAGE WILL NOT BE LIABLE FOR ANY CONTENT EXCHANGED BY MEANS OF THE WEBSITE, THE GAMES OR THE SERVICE.

11. Feedback

If You provide Spectacle Games Inc. with any suggestions, comments or other feedback (the“Feedback“) relating to the Website or the Games, Spectacle Games Inc. may use such Feedback in the Website, the Games, or in any other Spectacle Games Inc. products or services (collectively, “Spectacle Games Offerings“). Accordingly, You agree that: (a) Spectacle Games Inc. is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Spectacle Games Inc., (c) Spectacle Games (including all of its successors and assigns and any successors and assigns of any of the Spectacle Games Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Spectacle Games Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Spectacle Games Inc. or any of the users of the Website or the Games in respect of the Feedback.

12. Changes to the Service

Spectacle Games Inc. enhances and updates its Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you.

13.Termination

Spectacle Games Inc. may, under certain circumstances and without prior notice, immediately terminate Your ability to access the services, the Website, the Games or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms of use or any other agreement that You may have with Spectacle Games Inc. (including, without limitation, nonpayment of any fees owed in connection with the Website or otherwise owed by You to Spectacle Games), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website or the Games (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website and/or the Games may also include removal of some or all of the materials uploaded by You to the Website and/or the Games. You acknowledge and agree that all terminations may be made by Spectacle Games in its sole discretion and that Spectacle Games shall not be liable to You or any thirdparty for any termination of Your access to this Website and/or the Games or for the removal of any of the materials uploaded by You to the Website and/or the Games. Any termination of these terms of use by Spectacle Games shall be in addition to any and all other rights and remedies that Spectacle Games may have.

14. Affiliate Program

Spectacle Games Inc. shall provide you with an option to enroll to Spectacle Games's Affiliate Program ("Affiliate Program"); by using the Affiliate Program you shall be entitled to receive fees, as determined from time to time by Spectacle Games, out of the net income incurred by any Users or Supporting Users referred by You.

14.1 Affiliate Panel

Spectacle Games Inc. shall provide you with access to an interactive affiliate panel which shall allow you to create unique referral links ("Referral Links") and present you with statistics in regards to the number of Users you referred to Spectacle Games's services, the number of clicks on your links and the revenues generated.

14.2 Tracking and Revenues

When any User shall click on any Referral Link containing your unique referral code, a Cookie shall be stored on that User's computer and browser and shall identify the said user as qualifying users. Once a qualifying user makes a purchase, You shall be entitled to receive a referral fee.

14.3 Affiliate Fee

You shall be entitled for fees in consideration of your qualifying users, as determined by Spectacle Games Inc. from time to time, either (i) a Referral Fee out of the actual net revenues incurred by Spectacle Games, (where net revenues are calculated as Spectacle Games's actual revenues from qualifying users, after a deduction of all 3rd party clearing costs, credit card transaction fees, chargebacks and all other expenses as deemed by Spectacle Games); Or (ii) an Action Fee based on the Qualifying Users, based on a cost per action schedule presented by Spectacle Games and updated from time to time (such as upon successful registration), which may be based on specific countries, actions or numbers. The Affiliate fee shall be paid upon your request, and provided that your balance exceeds 100 USD ("The Minimum Fee"). Should your balance not meet the Minimum Fee, then Spectacle Games shall pay You when your balance reaches the Minimum Fee. Spectacle Games may employ fraud detection methods to find fraud or unethical conduct, and in such case, adjust your Affiliate Fee.

14.4 Affiliate Conduct

You agree to use the Affiliate Program only in a legal and ethical manner. You must adhere to the terms of article 4 in regards to Conditions of Use, and maintain all relevant laws and regulations when advertising the Affiliate Program.

15. Enforcement of Terms and Conditions

If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Spectacle Games to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Spectacle Games Inc. must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Spectacle Games of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website, the Games, and/or the Services or Your use of this Website, the Games, and/or the Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

16. Copyright and Trademark Information This Website, the Games, and the information and materials

that they contain, are the property of Spectacle Games Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Spectacle Games product names and logos are trademarks or registered trademarks of Spectacle Games Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Spectacle Games. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

17. Applicable Law and Jurisdiction

These terms of use and the resolution of any dispute related to these terms of use, the Website or the Games shall be governed by and construed in accordance with the laws of USA, without giving effect to any principles of conflicts of law. Any legal action or proceeding between You and Spectacle Games Inc. related to this agreement shall be brought exclusively in a court of competent jurisdiction venued in USA.

18. Entire Agreement

These terms of use, our Privacy Policy and any other guidelines or requirements notified to you, constitutes the entire agreement between the parties relating to the Website, use of our Games and all related activities. These terms of use shall not be modified except by a new posting of these terms of use issued by Spectacle Games Inc.