<br>
<br>
<p>
<b>SLIDEJOY END-USER LICENSE AGREEMENT AND TERMS OF SERVICE</b>
</p>
<p>LAST REVISED ON: March 22, 2016</p> 1.
ABOUT THIS AGREEMENT <p>The following terms and
conditions govern your download and use of the Slidejoy smartphone and mobile
device application (the “Slidejoy Application”) and the Flappy Kings smartphone
and mobile device application (“the Flappy Kings Application”) (collectively, the
“Applications”), and your use of the getslidejoy.com website (the “Site”) and
all content, products, promotions, services and functionality available at or
through the Applications and the Site (collectively, together with the
Applications and the Site, the “Services”).
The Services are owned and operated
by Slidejoy, Inc., a Delaware corporation (“Slidejoy”, “we”, “us” or “our”).
</p>
<p>The Slidejoy Application allows
businesses and advertisers (collectively, “Advertisers”) to deliver attractive
ads, coupons, deals, and other advertising content (collectively, “Ad Content”)
on the mobile lockscreen of consumers who have downloaded and installed the
Slidejoy Application.
The Flappy Kings Application allows end users to earn Slidejoy
coins (“Coins”) by playing the game or watching Ad Content, and redeem the Coins
on Sweepstakes and Tournament entries, as defined in Section 5.
The users of
these Applications are referred to collectively as “End Users”, and each, an
“End User”.
As further described below, at Slidejoy’s sole and absolute
discretion, Slidejoy compensates End Users of the Applications with Slidejoy
carats (“Carats”), which are then redeemable for cash, products and services,
and may even be converted into charitable contributions.
The Services are
offered subject to the terms and conditions contained herein and in all other
operating rules, policies and procedures that may be published from time to
time through the Services by Slidejoy (collectively, the “Agreement”).
PLEASE
NOTE THAT THIS AGREEMENT CONTAINS MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS IN SECTION 18 BELOW.
Without limiting the foregoing, the Agreement
also incorporates by reference (1) the Slidejoy Privacy Policy
https://www.getslidejoy.com/privacy, as it may be amended from time to time and
posted on the Site or published through the Application (the “Privacy Policy”),
and (2) if you are an Advertiser, a written agreement between you and Slidejoy
setting forth the terms of the specific monetization activities you are
requesting in connection with the Services (each such agreement with an
Advertiser, an “Advertising Agreement”).
If you wish to become an Advertiser
with us, please email us at app@getslidejoy.com.
</p>
<p>PLEASE READ THIS END-USER
LICENSE AGREEMENT AND TERMS OF SERVICE AND OUR PRIVACY POLICY CAREFULLY BEFORE
DOWNLOADING AND USING THE APPLICATION OR USING ANY OF THE OTHER SERVICES.
By
clicking on or pressing “I accept”, “I agree” or similar verbiage during the
download and/or signup progress, or by accessing or using any other part of the
Services, you agree to become bound by the terms and conditions of this
Agreement, which form a legally binding contract between you and Slidejoy.
If
you do not agree to all the terms and conditions of this Agreement, then you
may not download the Applications or access or use any Services.
If you are
using the Services on behalf of an employer or another entity, you represent
and warrant that you have the authority and capacity to bind such entity to the
Agreement.
</p>
<p>
<b>The
Services are available only to individuals who are at least 13 years old.
The
Flappy Kings Application is only available to legal residents or citizens of
the United States of America</b>.
</p>
<p>If you are less than 13 years old, you may not download the Applications or use the Services.
In addition, please note that End Users based outside of the United States may not download the Flappy Kings Application and are not eligible to earn or redeem Carats associated with the Flappy Kings Application.
</p> 2.
ACCEPTABLE USE POLICY <p>Whether or not you register for
an account with us, the Services are only available for access and use by you
for lawful purposes.
You understand that when using the Site or Applications,
you may be exposed to user content (including, without limitation, Ad Content)
provided by other users or third parties, and you agree that Slidejoy is not
responsible for the accuracy, safety, appropriateness or intellectual property
rights in or related to such user content.
Any action by you or associated with
your account that we believe, in our sole and absolute discretion:
(a) violates the Agreement.
(b) restricts, inhibits, disrupts,
interferes with, limits, or prevents access or use of the Services.
or
(c) through the use of the Services, abuses, defames, harasses, disparages
or threatens another user of the Services or any other third party, is strictly
forbidden.
</p>
<p>You also may NOT:</p>
<p>•  .
solicit for commercial purposes other users of the Services, unless permitted by and in accordance with an Advertising Agreement;</p>
<p>•  .
use the Services to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, unless permitted by and in accordance with an Advertising Agreement;</p>
<p>•  .
use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;</p>
<p>•  .
harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;</p>
<p>•  .
use any robot, spider, crawler, scraper or other automated means to access the Services, unless permitted by and in accordance with an Advertising Agreement;</p>
<p>•  .
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
or</p>
<p>•  .
bypass any measures we may use to prevent or restrict access to the Services or certain features or modules of the Services.</p>
<p>We reserve the right to
immediately block or disable your ability to use the Applications, and/or
otherwise suspend or terminate your access to the Services, if, in our sole and
absolute discretion, we believe that you have engaged in any of the foregoing
activities or that they have occurred in association with your account or
password.
</p> 3.
OUR INTELLECTUAL PROPERTY RIGHTS <p>The proprietary software
associated with the Applications and the Services, including any enhancements
or modifications thereto and any related documentation, as well as the visual
and textual elements and the selection, arrangement and compilation of data
embodied in (and/or displayed during the execution of) the software, are
copyrighted works and exclusively owned by Slidejoy.
In addition, the Services,
including all software, Slidejoy content, inventions, technology, products,
services and Slidejoy data provided on the Site or through the Services, are
protected under United States and international copyright, patent, trademark
and/or other intellectual property laws and incorporate valuable confidential
information and trade secrets of Slidejoy, and are the exclusive property of
Slidejoy and its licensors.
All suggestions, requests and feedback you may
communicate to us regarding the Services, and all inventions, improvements,
modifications, product or service ideas, and concepts contained therein
(collectively, “Feedback”), shall become the exclusive property of Slidejoy.
You hereby assign all worldwide rights, title and interest in, to and under any
such Feedback to Slidejoy and agree to execute and deliver any assignments or
other instruments or documents that we may request in order to confirm,
perfect, record or enforce our rights with respect to the Feedback.
</p> 4.
LIMITED LICENSE <p>Subject to your compliance with
all of the terms and conditions of this Agreement, and in consideration of your
promises reflected in this Agreement, Slidejoy grants to you a limited,
personal, non-exclusive, revocable, non-sublicensable, non-transferable license
to (a) download, install, and use the Applications to use on a single
mobile device, (b) receive and use Rewards as defined and provided in
Section 5, and (c) use the Services, in each case for your internal
personal or commercial purposes but not for commercial resale, sublicensing,
time-sharing or service bureau usage.
All rights not expressly granted to you
by the foregoing sentence are reserved by Slidejoy.
Without limiting the
generality of the foregoing, you may not interfere with the Services in any
way, or copy, modify, distribute or reverse engineer, decompile or disassemble
Applications or the Services, or make any derivative works based on the Applications
or other Services (including any customization, translation, or localization).
<b>Your compliance with the requirements in this Section 4 is a
condition to, and material inducement and consideration for, our granting you
the right to access and use the Applications and the Services</b>.
Any
unauthorized use or other activity by you in violation of the Agreement will
cause the licenses granted to you by Slidejoy in this Section 4 to
terminate automatically.
</p>
<p>This Agreement does not
transfer from Slidejoy to you any Slidejoy or third party intellectual
property, and all right, title and interest in, to and under such property will
remain solely with Slidejoy or such third party, as applicable.
All rights not
expressly granted in this Agreement are reserved to Slidejoy.
Slidejoy,
GetSlidejoy.com, the Slidejoy logo, the Flappy Kings logo and all other
trademarks, service marks, graphics and logos used or displayed in connection
with the Services are trademarks or registered trademarks of Slidejoy or
Slidejoy’s licensors.
Your use of the Services grants you no right or license
to reproduce or otherwise use any Slidejoy or third-party trademarks.
</p> 5.
END USER ACCOUNTS <p>If you sign up for the
Services, you are responsible for maintaining the security of your account, and
you are fully responsible for all activities that occur under the account.
You
must not use another person’s Slidejoy account or share your password with
another person.
When creating your account, you must provide accurate, complete
and non-misleading information.
You agree to immediately notify Slidejoy of any
unauthorized uses of your account or login credentials or any other breaches of
security.
Slidejoy will not be liable for any acts or omissions by you,
including any damages of any kind incurred as a result of such acts or
omissions.
Our current policy limits you to the creation of only one Slidejoy
account per mobile device.
</p>
<p>Account features differ
depending on whether they are held by End Users (each, an “End User Account”)
or Advertisers (each, an “Advertiser Account”).
Special features and terms and
conditions pertaining to End User Accounts and Advertiser Accounts are set
forth in Section 5 and Section 6, respectively.
</p>
<b>
<i>A.
</i>
</b>
<b>
<i>Slidejoy Application</i>
</b>
<p>When you download the Slidejoy Application,
you will be prompted to register for an End User Account, and Slidejoy may then
begin displaying Ad Content on the lockscreen of your mobile phone.
After that,
all of your interactions with Slidejoy will be recorded, stored in our servers,
and associated with your End User Account.
Among other things, your End User
Account will keep track of your Carats, your Carat redemption options, and your
Carat redemption history.
YOU WILL ONLY BE ABLE TO ACCRUE, RECEIVE AND STORE
CARATS WHEN SIGNED INTO YOUR END USER ACCOUNT.
From time to time, at Slidejoy’s
sole and absolute discretion, you may have the option to redeem your Carats for
cash or other benefits.
</p>
<p>There is more than one way to
receive Carats using the Slidejoy Application.
The simplest way is by engaging
with Slidejoy by moving the lockscreen unlock slider (i) to the right to
unlock your phone, or (ii) to the left to engage with the Ad Content.
For
example, if you slide left to watch a video advertisement, you may receive Carats,
or if you use a coupon provided through the Application, you may receive Carats.
However, please note that in each case, you will have the opportunity to
receive the <b>
<i>same number of Carats </i>
</b>by
sliding right to simply unlock your screen.
The reason is that Slidejoy aims for
honest interactions and discourages disingenuous interactions intended for the
sole purpose of generating Carats.
While you are not prohibited from sliding
left every time Ad Content is displayed on your lockscreen, Slidejoy’s
proprietary smart algorithm is optimized to screen for abuse and will
automatically decrease the number of Carats offered to End Users who attempt to
abuse the system.
Therefore over time, you may find that sliding left too much
will result in a reduced opportunity to receive Carats.
To avoid these
consequences, Slidejoy recommends that you use your smartphone or mobile device
as you normally do and that you engage only with Ad Content that genuinely
interests you.
</p>
<b>
<i>B.
</i>
</b>
<b>
<i>Flappy Kings Application</i>
</b>
<p>When you download the Flappy
Kings Application, you may either begin playing immediately or you will be
prompted to register for an End User Account.
If you register for an End User
Account, all of your interactions with Slidejoy will be recorded, stored in our
servers, and associated with your End User Account.
The Flappy Kings
Application will allow you to acquire Coins, which you can then use to enter Tournaments
or Sweepstakes to win Carats.
Though you may use the Flappy Kings Application
without an End User Account, YOU WILL ONLY BE ABLE TO ACCRUE, RECEIVE AND STORE
COINS AND CARATS WHEN SIGNED INTO YOUR END USER ACCOUNT.
FOR THE AVOIDANCE OF
DOUBT, PRIZES RECEIVED FROM A TOURNAMENT OR SWEEPSTAKES WILL BE OVERWRITTEN BY
A SUBSEQUENT PRIZE IF YOU DO NOT SIGN UP FOR AN END USER ACCOUNT BEFORE THE
RESULTS OF THE SECOND TOURNAMENT OR SWEEPSTAKES ARE POSTED.
Among other things,
your End User Account will keep track of your Coins and Carats, your Carat
redemption options, and your Carat redemption history.
From time to time, at
Slidejoy’s sole and absolute discretion, you may have the option to redeem your
Carats for cash or other benefits.
</p>
<p>There is more than one way to
receive Coins using the Flappy Kings Application.
You can accrue Coins while
playing Flappy Kings, or you can watch Ad Content on the Main Menu of the
Flappy Kings Application.
<b>You may only use Coins to participate
in Tournaments or Sweepstakes, as defined below.</b>
</p>
<p>i.  .
Tournaments</p>
<p>You may enter contests of skill
(“Tournaments”) on the Flappy Kings Application to try to earn Carats.
You may
be required to enter a Tournament using Coins that you have acquired using the Flappy
Kings Application.
End Users with the highest points at the end of a Tournament
period are the winners.
Tournament Official Rules can be found here: https://www.getslidejoy.com/terms#tournament.
By participating, you agree to
these Tournament Official Rules, including any Specific Tournament Terms.</p>
<p>ii.  .
Sweepstakes</p>
<p>You may also enter games of
chance (“Sweepstakes”) on the Flappy Kings Application to try to win Carats.
You may enter a Sweepstakes (i) via the Flappy Kings Application using Coins
that you have acquired using the Flappy Kings Application, or (ii) by submitting
a 3 X 5 postcard for free entry.
At the end of a Sweepstakes period, a winner
will be drawn at random.
Sweepstakes Official Rules can be found here: https://www.getslidejoy.com/terms#sweepstake.
By participating, you agree to these Sweepstakes Official Rules, including any
Specific Sweepstakes Terms.</p>
<b>
<i>C.
</i>
</b>
<b>
<i>Applications Generally</i>
</b>
<p>Whether you are using the
Slidejoy Application or the Flappy Kings Application, or both, your Coin and
Carat balance (“Rewards”) will be reflected in your End User Account.
If you
use both Applications to acquire Rewards, your End User Account will reflect
the entire balance of Rewards from both Applications.
Depending on the current
value of a Carat, which will be determined at Slidejoy’s sole and absolute
discretion, you may, from time to time, redeem them for cash, products and
services, and or convert them into charitable contributions.
</p>
<p>Rewards obtained via the
Applications are provided to you under a limited, personal, revocable,
non-transferable, non-sublicenseable license.
Rewards may not be transferred or
resold in any manner, including, without limitation, by means of any direct
sale or auction service.
You have no property interest, right or title in or to
any such Rewards appearing or originating in the Applications, or any other
attributes associated with use of Slidejoy or its Applications.
Any Reward
balance shown in your account does not constitute a real-world balance or
reflect any stored value, but instead constitutes a measurement of the extent
of your license.
</p>
<p>
<b>PLEASE
NOTE THAT SLIDEJOY DOES NOT AND CANNOT PROMISE OR GUARANTEE THAT YOU WILL
RECEIVE ANY NUMBER OF REWARDS OR THAT YOU WILL RECEIVE ANY AMOUNT OF AD CONTENT
IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY AMOUNT OF VALUE, MONETARY
OR OTHERWISE, WHEN YOU REDEEM YOUR CARATS</b>.
Slidejoy’s ability to provide Rewards depends on whether, and how much, Slidejoy gets paid by the relevant Advertiser, and due to the complex nature of its relationships with Advertisers, whether Slidejoy gets paid, and how much, may vary over time.
We will, in our sole and absolute discretion, determine and communicate the availability and exchange rate of Rewards, which may be modified at any time.
The availability and exchange rate for Rewards may vary for a variety of reasons, such as non-payment by Advertisers or changes in our arrangements with Advertisers or in applicable laws and regulations.
You must comply with any individual Reward limitations as indicated by Slidejoy (or Advertiser’s terms or website).
We reserve the right to cancel, restrict or terminate Rewards at any time for any reason.
All redemptions are subject to this Agreement and any third-party terms associated with Advertisers.
</p>
<p>As noted, each time you receive
Rewards, we place the Rewards in your End User Account.
Your ability to receive
and redeem Rewards is conditioned on your compliance with the Agreement.
You
may access your End User Account to modify your account settings or to review
your Reward balances and Carat redemption choices.
You may log in by entering
your username and password with the Applications or through the Site.
</p>
<p>You may log into your End User
Account to redeem your accumulated Carats.
While we reserve the right to modify
when and how you can redeem Carats at any time in our sole and absolute
discretion, as of the “Last Updated” date of this Agreement set forth below
(the “Effective Date”), you can redeem your Carats by visiting the area of your
End User Account interface (accessible through the Application) called the Exchange
View (the “Exchange View”).
</p>
<p>While in Exchange View, you may
redeem your Carats pursuant to one of the redemption methods then available to
you.
As of the Effective Date, End Users may have a choice to exchange their Carats
to donate to various nonprofit organizations directly in the app (“Hero Mode”)
or receive a cash payout through PayPal or another third party payment provider
we may make available to you for redemption purposes from time to time (“Normal
Mode”).
From time to time, Carats may also be redeemable for gift cards, products,
services and other special offers.
</p>
<p>When using the Slidejoy
Application, your Carat balance will be updated on the first of each month (each
such date, a “Pay Day”), and the updated balance will include Carats up until
the last day of the previous month.
For example, February Carats earned
through the Slidejoy Application will be eligible for redemption on March 1.
When
using the Flappy Kings Application, any Carats earned will be immediately
redeemable.
<b>For both Applications, however, the Carats
remain the property of Slidejoy, not you, at all times</b>.
</p>
<p>You may close your End User
Account at any time by logging in and adjusting the appropriate settings.
We
will ask that you use Rewards prior to closing your Slidejoy Account.
If your
End User Account is closed and you fail to properly or completely use your Rewards
before such time, you will no longer be able to use or redeem them.</p>
<p>In addition, your End User
Account will be terminated after three (3) months of inactivity.
We also reserve
the right to terminate your End User Account at any time for breach of this
Agreement.
You will no longer be able to use any Rewards in your End User
Account after termination.
We may do this without prior notice, but may attempt
to notify you afterward where feasible.
</p> 6.
ADVERTISER ACCOUNTS <p>Advertisers may access details
pertaining to the performance of advertising campaigns managed by Slidejoy in
connection with the Services by logging into their Advertiser Account and
utilizing Slidejoy’s proprietary tracking and reporting system.
You agree not
to use any of the information accessed or obtained through your Advertiser
Account except for internal business purposes in connection with this
agreement.
</p>
<p>Advertisers’ use of the
Services is subject to all of the terms and conditions in their respective
Advertising Agreements with Slidejoy.
Advertisers may not register for or use
an Advertiser Account unless they have an Advertising Agreement with Slidejoy.
In the event of any conflict between this End User License Agreement and Terms
of Service and the Advertising Agreement, the Advertising Agreement shall
control solely with respect to the specific advertising campaigns and other
activities described in the Advertising Agreement.
</p> 7.
COLLECTION OF INFORMATION <p>For details about our data
collection and data use practices, please see our Privacy Policy <b>https://www.getslidejoy.com/privacy</b>.
As explained in the
Privacy Policy, the Applications may collect, store and share geolocation
information (i.e., information about your current location) that you choose to
make available to Slidejoy and our Advertisers others through the Services as
well as collecting and storing anonymized, aggregated geolocation data from
your mobile device’s GPS function.
To uninstall the Applications, please follow
the default uninstall process for your mobile device.
</p>
<p>If you are downloading or using
the Applications or the Services from outside the United States, please be
aware that your information (including geolocation information collected
through the Application) will be transferred to, stored and processed in the
United States where our servers are located and our central database is
operated.
The data protection and other laws of the United States and other
countries might not be as protective as those in your country.
By downloading
and using the Applications, which are provided exclusively from the United
States, you hereby consent to the transfer of your information to the United
States and its collection, storage, sharing and use as described in the Privacy
Policy.
You further agree that all transactions relating to the Applications
and the Services shall be deemed to have occurred in the United States.
Those
who access or use the Services from other jurisdictions do so at their own
volition and are responsible for compliance with all local laws, statutes,
rules, regulations and codes.
</p> 8.
MOBILE AND INTERNET SERVICES <p>Whenever you utilize the
Services from your mobile phone, you thereby agree to receive such services on
the device you designate for such purposes and understand that your wireless or
internet services provider’s standard SMS and/or data rates may apply to these
services.
By using the Services, you agree to be responsible for any fees that
we may impose or that are incurred as a result of your use of the Services.
You
hereby represent and warrant that you are the owner or authorized user of any
smartphone or other wireless device that you use to access the Services, and
that you are authorized to approve all associated SMS and data charges.
</p> 9.
THIRD PARTY LINKS AND SITES <p>We have not reviewed, and
cannot review, all of the material, including the Ad Content and computer
software, made available through the Services, or websites, webpages and
applications to which such Ad Content, the Applications or the Site links, or with
which they are integrated (such as Facebook and Twitter), or that link to the
Applications or the Site (“Third Party Sites”).
Slidejoy does not have any
control over those Third Party Sites, does not recommend or endorse them, and
is not responsible for their contents or their use.
We have no responsibility
for or control over such privacy or security practices or any Third Party
Site’s collection, storage, use or disclosure of information from you.
You
should read and are responsible for abiding by the privacy policies, use or
service agreements or terms of use, and any other policies of Third Party
Sites.
</p> 10.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT <p>As Slidejoy asks others to
respect its intellectual property rights, it respects the intellectual property
rights of others, and requires its users and customers to do so.
If you are a
copyright owner or an agent thereof and believe that any user content infringes
upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the
following information in writing (see 17 U.S.C § 512(c)(3) for further
detail): </p>
<p>•  .
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
</p>
<p>•  .
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services or available through our services are covered by a single notification, a representative list of such works at those locations.
</p>
<p>•  .
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Slidejoy to locate the material;</p>
<p>•  .
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;</p>
<p>•  .
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
and</p>
<p>•  .
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</p>
<p>Slidejoy’s designated Copyright
Agent to receive notifications of claimed infringement is Robert Seo, Copyright
Agent, e-mail: app@getslidejoy.com, address: 22 W 30<sup>th</sup> St 3<sup>rd</sup>
Floor, New York, New York 10001.
For clarity, only DMCA notices should go to
the Copyright Agent.
any other feedback, comments, requests for technical
support, and other communications should be directed to Slidejoy customer
service.
You acknowledge that if you fail to comply with all of the
requirements of this Section 10, your DMCA notice may not be valid.
</p> 11.
UPDATES AND CHANGES.
<p>From time to time, the
Applications may automatically download and install, or may prompt you to
download and install, updates from Slidejoy.
These updates are designed to
improve, enhance and further develop the Applications and may take the form of
bug fixes, enhanced functions, new software modules and/or completely new
versions.
You agree to receive such updates (and permit Slidejoy to deliver
these to you) as part of your continued use of the Applications.
While you may
refuse to download and install updates, doing so may cause your access to the
Applications and/or the Services to be disabled.
</p>
<p>We are constantly innovating in
order to provide the best possible experience for our users.
You acknowledge
and agree that the form, features and/or nature of the Applications and the
Services which we provide may change from time to time without prior notice to
you.
We may also cease or discontinue providing the Applications or the
Services, or support or upgrades for the Applications, at any time.
Such new
features and/or services shall be subject to the terms and conditions of the
then-current version of the Agreement as well as any additional terms and
conditions that Slidejoy may post on the Site or make available through the
Services.
Slidejoy may also modify or eliminate services, modules or features
of the Applications or Services.
your sole and exclusive remedy, and Slidejoy’s
sole liability, in connection with any such change, modification or elimination
is to terminate your account with us.
</p>
<p>Slidejoy reserves the right, at
its sole discretion, to amend or update any part of the Agreement by posting
the amended or updated Agreement on the Site or making it available through the
Applications.
While we may attempt to notify you when major changes are made to
the Agreement, it is your responsibility to check the Agreement periodically
for changes, and you should check the “Last Updated” dates at the top of this
End-User License Agreement and Terms of Service and our Privacy Policy to
familiarize yourself with the latest version of the Agreement.
Your continued
use of or access to the Services following the posting or distribution of any
changes to the Agreement constitutes acceptance of those changes.
</p> 12.
TERMINATION <p>Slidejoy may terminate your
access to all or any part of the Services, or block or disable your access or
use of the Applications, at any time, with or without cause, with or without
notice, effective immediately.
Without limiting the foregoing, Slidejoy may terminate
your access to all or any part of the Services, stop displaying Ad Content on
your lockscreen, or block or disable your access or use of the Applications, if
(a) Slidejoy believes that you have breached any provision of the
Agreement (or have acted in manner which shows that you do not intend to, or
are unable to comply with the provisions of the Agreement).
(b) Slidejoy
is required to do so by law (for example, where the provision of the
Applications to you is, or becomes, unlawful).
(c) Slidejoy is
transitioning to no longer providing the Applications to users in the state or
country in which you are resident or from which you use the Applications.
or
(d) Slidejoy believes that your use of the Applications may infringe or
violate the rights of a third party or subject Slidejoy to civil or criminal
liability or reputational harm.
Termination may result, in Slidejoy’s sole
discretion, in the forfeiture and destruction of all information associated
with your account and any Rewards or any advertising revenue earned prior to
such date.
All provisions of this Agreement which by their nature should
survive termination of this Agreement, including, without limitation, ownership
provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous
terms, shall do so.
If your account is cancelled or terminated for any reason,
you will no longer be able to access information you have stored under your
account.
</p> 13.
DISCLAIMER OF WARRANTIES <p>YOU AGREE THAT USE OF THE
SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED ON AN “AS IS”
OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
SLIDEJOY AND ITS
MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND/OR YOUR USE
THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM
VIRUSES, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
</p>
<p>SLIDEJOY MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THEIR
CONTENT OR THE CONTENT OF ANY PRODUCTS OR SERVICES LINKED TO OR INTEGRATED WITH
THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE AD CONTENT) AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF THE SERVICES, YOUR ACCOUNT OR OUR SERVERS, AND/OR ANY AND
ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES,
MALWARE, ADWARE AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OR DAMAGE TO CONTENT OR DATA
(WHETHER STORED THROUGH THE SERVICES OR OTHERWISE), OR (VII) ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED,
IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES.
SLIDEJOY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY
AN ADVERTISERS OR THIRD PARTY THROUGH THE SERVICES, OR ANY HYPERLINKED OR
INTEGRATED WEBSITE OR SERVICES, AND SLIDEJOY WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD PARTY (INCLUDING ANY ADVERTISER OR OTHER THIRD PARTY WHICH OFFERS OR
ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE SERVICES).
</p>
<p>Some states do not allow the
disclaimer of implied warranties in some circumstances, so if the laws of such
a state apply to your dealings with us and if the requisite circumstances exist
in your case, then some portion or all of the foregoing disclaimer may not
apply to you.
The law of warranty varies from state to state and the law
applicable in your particular case may give you specific legal rights.
</p> 14.
LIMITATION OF LIABILITY.
RELEASE <p>UNDER NO CIRCUMSTANCES SHALL
SLIDEJOY OR ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES,
AGENTS, OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE
SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT SLIDEJOY OR ANY OF THE FOREGOING PERSONS WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
</p>
<p>YOU AGREE THAT THE LIABILITY OF
SLIDEJOY AND ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES,
REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM OR SERIES OF CLAIMS WILL
BE LIMITED IN THE AGGREGATE TO THE GREATER OF (i) THE AMOUNT PAID BY YOU
TO US FOR THE RELEVANT SERVICES TO WHICH THE CLAIM OR CLAIMS RELATE DURING THE
PREVIOUS THREE (3) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO
SUCH CLAIM OR SERIES OF CLAIMS OR (ii) FIFTY U.S.
DOLLARS ($50.00).
</p>
<p>YOU HEREBY AGREE TO RELEASE,
REMISE AND FOREVER DISCHARGE THE SITE, THE APPLICATIONS, THE SERVICES AND
SLIDEJOY AND ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES,
AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND
ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS,
CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES,
OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER,
WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE
CONNECTED WITH YOUR USE OF THE SITE, APPLICATIONS OR THE SERVICES.
IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH,
IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”
(OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT).
IF YOU
ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS
AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR
INTENT.
</p>
<p>The foregoing limitations of
liability shall apply to the fullest extent permitted by law in the applicable
jurisdiction.
</p> 15.
REPRESENTATIONS AND WARRANTIES <p>You represent and warrant that
(i) your use of the Services will be in strict accordance with the
Agreement and with all applicable laws and regulations (including, without
limitation, any local laws or regulations in your country, state, city, or
other governmental area, regarding online conduct and acceptable content, and
all applicable laws regarding the transmission of technical or personal data
exported from or into the United States or the country in which you reside, and
all applicable laws pertaining to privacy, consumer rights, and unfair and
deceptive advertising practices).
and (ii) your use of the Services will
not infringe or misappropriate the intellectual property rights or any other
rights of Slidejoy or of any other user or third party.
</p> 16.
INDEMNIFICATION <p>To the extent permitted by
applicable law, you agree to defend, indemnify and hold harmless Slidejoy, its
affiliates and its and their respective members, managers, officers, employees,
representatives and agents (the “Indemnified Parties”) from and against any and
all claims, actions, lawsuits, damages, obligations, complaints, demands,
allegations, losses, liabilities, costs or debt, and expenses (including, but
not limited to, reasonable attorneys’ fees) (collectively, “Losses”) arising
out of or related to or in connection with your actual or alleged (a) use
of and access to the Services, Site and the Applications, (b) violation,
breach or default of any term of the Agreement, (c) violation by you or
your Ad Content of any third party right including, but not limited to, any
patent, trademark, service mark, copyright, trade secret, publicity or privacy
right, or (d) any claim that you or any content which you submit or
transmit via the Services (including, without limitation, your Ad Content)
caused damage to a third party.
</p> 17.
NOTICES <p>All notices, demands and other
communications hereunder shall be in writing and shall be effective upon
receipt, provided that we may provide notice to you by posting announcements on
the Site (or otherwise making them available through the Services) or sending
an e-mail to you at the e-mail address that is currently associated with your
account.
Any such e-mail notice to you will be deemed given on the day it is
sent.
Except as specified in the next sentence, all notices to us of a legal
nature shall be in writing and shall be sent by certified first-class U.S.
mail, return receipt requested, to: <b>Slidejoy Inc., </b>22
W 30<sup>th</sup> St 3<sup>rd</sup> Floor<b>, New York, New York 10001.
</b>All notices regarding copyright or other intellectual property
infringement issues shall be sent in accordance with our intellectual property
policy described in Section 10 above.
If you have any questions about the
Agreement, or if you need to notify us about a non-legal matter, then please
contact us at app@getslidejoy.com or at the postal address set forth above.
</p> 18.
MISCELLANEOUS <p>You agree that no joint
venture, partnership, employment or agency relationship exists between you and
us or any of our affiliates as a result of this Agreement or your use of the
Services.
This Agreement (including the Advertising Agreement, if applicable,
the Privacy Policy and all other Slidejoy operating policies, rules and
procedures posted on the Site or Applications or made available through the
Services from time to time) constitutes the entire agreement between Slidejoy
and you concerning the subject matter hereof, and may only be modified by a
written amendment signed by a duly authorized representative of Slidejoy, or by
the posting by Slidejoy of a revised version of the Agreement on the Site,
Applications or otherwise through the Services.
</p>
<p>Except as provided in the next
paragraph with respect to requests for injunctive relief relating to a breach
of your license rights or our intellectual property rights, any controversy,
claim or dispute arising out of this Agreement or your use of the Services
shall be resolved by final and binding arbitration.
Such arbitration shall take
place in New York City, New York, and shall be administered by a single
arbitrator pursuant to the American Arbitration Association under its Commercial
Arbitration Rules.
The arbitrator shall be empowered to award any form of
individual relief, including injunctive relief, and shall be instructed to
apply the laws of the State of New York (excluding its applicable choice of law
rules) to any interpretation or enforcement of this Agreement.
In order to keep
hearing costs down, hearings may, at your request, be conducted telephonically
or entirely upon submissions.
In addition, in the event that you prevail at the
hearing, and the amount awarded to you by the arbitrator is greater than
Slidejoy’s last written settlement offer to you, Slidejoy agrees to pay twice
the amount of your reasonable attorney’s fees and costs, and a minimum award of
five hundred dollars ($500).
</p>
<p>You expressly consent to the exercise
of jurisdiction and venue by the state and federal courts located in New York
City, New York.
However, if we think you are violating your license to use the
Services or our intellectual property or trade secret rights, we may bring an
action for injunctive relief in any court of competent jurisdiction.
</p>
<p>In addition to the above, both
you (and Slidejoy) waive the right to bring any claim or dispute related to
this Agreement as a class action, consolidated, multi-district or collective
action, or private attorney general action.
You also agree not to participate
in any class action, consolidated, multi-district or collective action, or
private attorney general action regarding any claim or dispute related to this
Agreement.
</p>
<p>If Slidejoy prevails in any
arbitration or proceeding to enforce the Agreement or arising out of your
access to or use of the Services, it shall be entitled to recover, in addition
to all other available legal and equitable relief, its legal costs, including
reasonable attorneys’ fees.
If any part of the Agreement is held invalid or
unenforceable, that part will be reformed to reflect the parties’ original
intent, and the remaining portions will remain in full force and effect.
The
provisions of the Agreement are severable, and if any portion is adjudged
invalid or unenforceable by a court of competent jurisdiction, the remaining
portions will remain valid, enforceable and in effect.
Any waiver by either
party of any term or condition of the Agreement or any breach thereof shall be in
writing, executed by the party to be charged, and any such waiver, in any one
instance, will not waive such term or condition in any other instance or any
subsequent breach thereof.
The Agreement is not assignable by you, except by
operation of law.
Slidejoy may assign its rights under the Agreement without
condition.
The Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.
</p> 19.
THIRD PARTY TERMS <p>End Users agree that in
addition to the Agreement, your use of the Applications is subject to the usage
rules set forth in Apple’s App Store terms of service, if you download the
Applications from the App Store, or in Google Play’s terms of service, if you
download the Applications from Google Play, or any other third party platform,
developer or distributor end-user license agreement and/or terms and conditions
by which you agree to be bound when you download the Applications or otherwise
access the Services.
</p>
<p>Without limiting the generality
of the foregoing, if you downloaded the Applications from Apple, you and
Slidejoy acknowledge and agree to the following: This Agreement is concluded
between you and Slidejoy only, and not with Apple Inc.
(“Apple”).
Slidejoy, not
Apple, is solely responsible for the Applications and the content thereof.
Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the Applications.
To the maximum extent permitted by
applicable law, Apple will have no warranty obligation whatsoever with respect
to the Applications, and any other claims, losses, liabilities, damages, costs
or expenses attributable to any failure to conform to any warranty will be
Slidejoy’s sole responsibility.
Slidejoy, not Apple, is responsible for
addressing any claims by you or any third party relating to the Applications or
your possession and/or use of the Applications, including, but not limited to:
(i) product liability claims.
(ii) any claim that the Applications
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 the Applications or your possession and
use of the Applications infringes that third party’s intellectual property rights,
Apple will have no responsibility for the investigation, defense, settlement
and discharge of any such intellectual property infringement claim.
You
represent and warrant that (i) 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 (ii) you are not
listed on any U.S.
Government list of prohibited or restricted parties.
Apple,
and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and
upon your acceptance of the terms and conditions of the Agreement, Apple will
have the right (and will be deemed to have accepted the right) to enforce the
Agreement against you as a third party beneficiary thereof.
</p> 20.
HOW TO CONTACT US <p>You may direct any questions,
complaints or claims with respect to the Applications, the Site or the Services
to: </p>
<p>Slidejoy, Inc.</p>
<p>E-mail:
app@getslidejoy.com</p>
<p>Last Updated: March 22, 2016</p>
<p> </p>
<br>
<br>
<br>
<p>
<b>Flappy Kings [General] Sweepstakes Terms </b>
<br>
</p>
<b>No Purchase Necessary.
Entry
Instructions.</b> .
No
purchase or payment of any money is necessary to enter. .
A purchase will not improve the
chances of winning. .
VOID
WHERE PROHIBITED OR WHERE REGISTRATION OR BONDING REQUIRED.
Flappy Kings Sweepstakes are
governed by these Official Rules and the Slidejoy End User License Agreement
and Terms of Service available at https://www.getslidejoy.com/terms.
<p>
<b>SPONSOR:</b> Slidejoy, Inc.
(“Sponsor”), 22 W 30<sup>th</sup> St 3<sup>rd</sup> Floor, New York, New York 10001.</p>
<p>
<b>RULES: From time to time, Slidejoy may hold random drawings through
the Flappy Kings Application (“Sweepstakes”) in which entrants can try to win
Carats.
</b>By entering a Sweepstakes, entrants agree to comply with
these General Sweepstakes Terms, including all eligibility requirements, in
addition to the terms associated with a specific Sweepstakes (“Specific Sweepstakes
Terms”) (together, the “Official Rules”) and Slidejoy’s End User License
Agreement and Terms of Service, available here: https://www.getslidejoy.com/terms.
In the event
of a conflict between these General Sweepstakes Terms and the Specific Sweepstakes
Terms, the Specific Sweepstakes Terms control.</p>
<p>
<b>PROMOTION
PERIOD:</b> The start and end time and dates for each specific
Sweepstakes are indicated in the Specific Sweepstakes Terms.<b>
</b>
</p>
<p>
<b>ELIGIBILITY:</b> Sweepstakes
are open to legal residents of the United States, who are at least the age of eighteen
as of the beginning of the Sweepstakes Period (as defined in the Specific Sweepstakes
Terms).
Sweepstakes are subject to
all applicable federal and local laws.<b>
</b>Employees
of Slidejoy and its parent companies, affiliated companies, subsidiaries and
any of their agents, advertising, promotional and other agencies, and the
immediate families (parents, siblings, children and spouse) and persons living
in the same household of such employees/directors/officers are not eligible to
enter a Sweepstakes or win a prize (the “Prize”).
</p>
<p>All
entries must be submitted (and, if mailed in, postmarked) during a Sweepstakes
Period as determined by Sponsor in its sole discretion. .
Any mail-in entries must be received
within 7 days of the end of a Sweepstakes Period. .
Any attempt by a participant to obtain
more than the allowable entries will void all of that participant’s entries.
</p>
<p>Sponsor’s
computer is the official timekeeping device for a Sweepstakes.</p>
<p>Sponsor
reserves the right to verify any eligibility of all entrants.
Illegible and/or
incomplete entries, and entries submitted by entrants who do not meet the
eligibility requirements are void.
Sponsor and its agents are not responsible
for lost, late, or misdirected entries, for technical, hardware or software
failures of any kind, for lost or unavailable network connections, or for
failed, incomplete, garbled or delayed computer transmissions or any human
error which may occur in the receipt or processing of the entries.
Use of
computer programs, macro, programmed, robotic, automatic and other similar
means to enter any Sweepstakes is prohibited and may result in the
disqualification of entries and/or the entrant.
In the event of a dispute
regarding the identity of the person submitting an entry, Sponsor reserves the
right to determine identity of entrant in its sole discretion.
All entries
become the sole property of the Sponsor and will not be acknowledged or returned.
</p>
<p>
<b>WINNER
SELECTION AND NOTIFICATION:</b> Sponsor will notify winners by email or U.S.
Mail
at the address associated with the winner’s entry form, and/or by other means
consistent with a Sweepstakes within approximately ten (10) days following the
drawing.
Sponsor is not responsible for any delay or failure to receive
notification for any reason, including inactive account(s), technical
difficulties associated therewith, or winner’s failure to adequately monitor
any account.
The winner must then respond to Sponsor within fourteen (14) days.
Should the winner fail to respond to Sponsor, Sponsor reserves the right to
disqualify that winner and select a new one in a second-chance random drawing.
Sponsor
will not be required to conduct more than one additional drawing for an
alternative winner.
Winner may be required to sign an affidavit of eligibility,
liability release and a publicity release.
</p>
<p>
<b>PRIZES:</b>
The Specific Sweepstake Rules will indicate (i) the Prize to be awarded each
winner, and (ii) the approximate retail value of each Prize awarded and the
aggregate approximate value of all Prizes. .
No substitution, assignment or transfer of the prizes is permitted,
except by Sponsor, who has the right to substitute a prize with another of
comparable or greater value. .
Prizes
awarded may be subject to third-party terms and conditions.</p>
<p>
<b>PRIZE CONDITIONS: </b>By submitting an entry for a Sweepstakes, you agree to abide by these
Official Rules, the Slidejoy Terms of Service, and any decision Sponsor makes
regarding a Sweepstakes, which Sponsor shall make in its sole discretion. .
Sponsor reserves the right to disqualify
and prosecute to the fullest extent permitted by law any participant or winner
who, in Sponsor’s reasonable suspicion, tampers with Sponsor, Sponsor’s site,
the entry process, intentionally submits more than a single entry (if
applicable), violates these rules, or acts in an unsportsmanlike or disruptive
manner<b>
</b>
</p>
<p>
<b>GENERAL CONDITIONS:</b> By participating in a Sweepstakes
and/or by accepting a Prize, participants agree: (a) to be bound by these
Official Rules, the decisions of the Sponsor and its designees, and the Privacy
Policy of Slidejoy, available at https://www.getslidejoy.com/privacy, and (b) to
release and hold harmless Sponsor, and its parent companies, affiliates and
subsidiaries, together with their respective employees, directors, officers,
licensees, licensors, shareholders, attorneys and agents including, without
limitation, their respective advertising and promotion entities, any social
media or advertising platform (including Facebook, Twitter and Instagram) and
any person or entity associated with the production, judging or administration
of a Sweepstakes (collectively, the “Released Parties”), from any and all
claims, demands, damages, losses, liabilities, costs or expenses caused by,
arising out of, in connection with, or related to their participation in a Sweepstakes
and/or their participation in any prize-related activities (including, without
limitation, any property loss, damage, personal injury or death caused to any
person(s) and/or the awarding, receipt and/or use or misuse of any Prize or
participation in any Prize-related activities).
By participating in a Sweepstakes
or accepting a Prize, participants consent to the use of their name and/or
likeness (voice, biographical information, city and state of residence,
statements, photograph, and recordings) as well as any Sweepstakes entry for
advertising and promotional purposes (including, but not limited to, use on
Sponsor's web site and/or Facebook, Twitter or Instagram account without
additional compensation, except where prohibited by law).
Sponsor reserves the
right to make changes or additions to these Official Rules and/or extend the
dates of a Sweepstakes for any reason at any time without any prior notice.
Sponsor’s failure to enforce any term of these Official Rules shall not
constitute a waiver of that provision.</p>
<p>
<b>USE OF PERSONAL INFORMATION:</b> Entrants’ personal
information will be collected, processed and used in accordance with Slidejoy’s
Privacy Policy which can be found at https://www.getslidejoy.com/privacy. .
</p>
<p>
<b>RELEASE:</b> All decisions of Sponsor are final and binding.
and entrants agree to waive any right to claim ambiguity in a Sweepstakes or
these Official Rules, except where prohibited by law.
By participating in a Sweepstakes
or accepting a Prize, Winner agrees to release the Released Parties from any
and all liability, loss or damage arising from or in connection with awarding,
receipt and/or use or misuse of Prize or participation in any Prize-related
activities.
Sponsor reserves the right to disqualify any entrant it suspects to
be tampering with the entry process or the operation of a Sweepstakes or
violating these Official Rules.
The Released Parties shall not be liable for:
(a) late, lost, delayed, stolen, postage due, misdirected, incomplete
unreadable, inaccurate, garbled or unintelligible entries, communications or
affidavits, regardless of the method of transmission.
(b) telephone system,
telephone or computer hardware, software or other technical or computer
malfunctions, lost connections, disconnections, delays or transmission errors.
(c) data corruption, theft, destruction, unauthorized access to or alteration
of entry or other materials.
(d) any injuries, losses or damages of any kind
caused by the Prize or resulting from acceptance, possession or use of a Prize,
or from participation in a Sweepstakes.
or (e) any printing, typographical,
administrative or technological errors in any materials associated with a Sweepstakes.
Sponsor disclaims any liability for damage to any computer system resulting
from participating in, or accessing, uploading or downloading information in
connection with a Sweepstakes, and reserves the right, in its sole discretion,
to cancel, modify or suspend a Sweepstakes should a virus, bug, computer
problem, unauthorized intervention or other causes beyond Sponsor’s control,
corrupt the administration, security or proper play of a Sweepstakes.
Sponsor
may prohibit an entrant from participating in a Sweepstakes or winning Prize
if, in its sole discretion, it suspects such entrant is attempting to undermine
the legitimate operation of a Sweepstakes in any way by cheating, hacking,
deception, or any other unfair playing practices of intending to annoy, abuse,
threaten or harass any other players or representatives of Sponsor.
Use of any
automated system to participate is strictly prohibited and will result in
disqualification.</p>
<p>
<b>GENERAL: </b>If for any reason a Sweepstakes is not capable of
running as planned, including infection due to computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failure, human error or any other
causes beyond the control of Sponsor that corrupt or affect the administration,
security, fairness, integrity, or proper conduct of a Sweepstakes, Sponsor
reserves the right to disqualify any individual it suspects of tampering with
the entry process, operation of a Sweepstakes or web site, and to cancel,
terminate, modify, or suspend a Sweepstakes without notice and to select the
winner(s) from all eligible entries received prior to the cancellation or
termination.
Sponsor assumes no responsibility for any error, omission,
interruption, deletion, defect or delay in operation or transmission,
communications line failure, problems or technical malfunctions of any computer
online systems, servers, or providers, computer equipment, software, failure of
any e-mail or entry to be received by Sponsor on account of human error,
technical problems or traffic congestion on the Internet or at any Web site,
theft or destruction, or unauthorized access to, or tampering with or hacking
of website, or any combination thereof.</p>
<p>
<b>WINNER LIST/OFFICIAL RULES:</b> For a list of winner(s)
or a copy of a Sweepstakes’s Official Rules, please send a self-addressed
stamped envelope indicating the name of the particular Sweepstakes to: Slidejoy
“Sweepstakes”, Winner
List/Official Rules Request, Slidejoy, 22 W 30<sup>th</sup> St 3<sup>rd</sup> Floor, New York, New York 10001, to be received no later than 90 days after the end of a
Sweepstakes.
</p>
<br>
<br>
<p> </p>
<p>
<b>Flappy Kings [General] Tournament Terms </b>
<br>
</p>
<p>
<b>Tournaments are void where
prohibited or restricted by law or where there are registration or bonding
requirements.
</b>
</p> Flappy Kings Tournaments are
governed by these Official Rules and the Slidejoy End User License Agreement
and Terms of Service available at https://www.getslidejoy.com/terms.
<p>
<b>SPONSOR:</b> Slidejoy, Inc.
(“Sponsor”) 22 W 30<sup>th</sup> St 3<sup>rd</sup> Floor, New York, New York 10001.</p>
<p>
<b>RULES:</b> By entering a Tournament, entrants agree to comply
with these General Tournament Terms, including all eligibility requirements, in
addition to the terms associated with a specific Tournament (“Specific Tournament
Terms”) and Slidejoy’s (together, the “Official Rules”) and Slidejoy’s End User
License Agreement and Terms of Service https://www.getslidejoy.com/terms.
In the event
of a conflict between these General Tournament Terms and the Specific Tournament
Terms, the Specific Tournament Terms control.</p>
<p>
<b>TOURNAMENT
PERIOD:</b> The start and end time and dates for each specific
Tournament are indicated in the Specific Tournament Terms.<b>
</b>
</p>
<p>
<b>ELIGIBILITY:</b> Tournaments
are open to legal residents of the United States, who are at least the age of
eighteen as of the beginning of the Tournament Period (as defined in the
Specific Tournament Terms).
Tournaments are subject to all applicable federal and local laws.<b>
</b>Employees of Slidejoy and its parent
companies, affiliated companies, subsidiaries and any of their agents, advertising,
promotional and other agencies, and the immediate families (parents, siblings,
children and spouse) and persons living in the same household of such
employees/directors/officers are not eligible to enter Tournaments or win a
prize (the “Prize”).
</p>
<p>
<b>JUDGING AND WINNERS</b>:
All Tournaments are contests of skill. .
A Tournament is void where any aspect of the Tournament is prohibited or
restricted by law. .
Odds of winning
depend on the skill and number of people participating. .
Specific Tournament Terms will generally
indicate judging criteria and the number of winners to be selected. .
All winners will be selected on an
objective basis with selection by the Sponsor (or its designees), or both, as
indicated in the Specific Tournament Terms. .
Winners may subject to verification,
including without limitation, verification of eligibility, compliance with the
terms and conditions of a Tournament, and completion of any required
documents. .
In the event of a tie
based on the initial judging criteria, judges may compare the initially tied
entries and make a determination of the winner in order to break the tie, or
may provide additional prizes in the event of a tie. .
Sponsor will attempt to contact or
notify potential winner, and Sponsor
reserves the right to select an alternative winner in the event that potential
winner fails to respond within the required time period. .
In the event of a dispute as to the
identity of participants or winners, Sponsor shall make the final determination
as to identity. .
You agree that, as
between you and Sponsor, Sponsor has the sole right to decide all matters and
disputes arising from any Tournament and that all decisions of Sponsor related
to a Tournament are final and binding.  .
Sponsor reserves the right to
disqualify and prosecute to the fullest extent permitted by law any participant
or winner who they suspect has tampered with a Tournament, the entry or
participation process, violated the terms of the Official Rules, or acted in an
unsportsmanlike or disruptive manner.  .
</p>
<p>
<b>PRIZES:</b>
The Specific Tournament Rules will indicate (i) the Prize to be awarded each
winner, and (ii) the approximate retail value of each Prize awarded and the
aggregate approximate value of all Prizes. .
No substitution, assignment or transfer of the prizes is permitted,
except by Sponsor, who has the right to substitute a prize with another of
comparable or greater value. .
Prizes
awarded may be subject to third-party terms and conditions.</p>
<p>
<b>PRIZE CONDITIONS: </b>By entering a Tournament, you agree to abide by these Official Rules,
the Slidejoy Terms of Service, and any decision Sponsor makes regarding a Tournament,
which Sponsor shall make in its sole discretion. .
Sponsor reserves the right to disqualify
and prosecute to the fullest extent permitted by law any participant or winner
who, in Sponsor’s reasonable suspicion, tampers with Sponsor, Sponsor’s site,
the entry process, intentionally submits more than a single entry (if
applicable), violates these rules, or acts in an unsportsmanlike or disruptive
manner<b>
</b>
</p>
<p>
<b>GENERAL CONDITIONS:</b> By participating in a Tournament
and/or by accepting a Prize, participants agree: (a) to be bound by these
Official Rules, the decisions of the Sponsor and its designees, and the Privacy
Policy of Slidejoy, available at https://www.getslidejoy.com/privacy, and (b) to
release and hold harmless Sponsor, and its parent companies, affiliates and
subsidiaries, together with their respective employees, directors, officers,
licensees, licensors, shareholders, attorneys and agents including, without
limitation, their respective advertising and promotion entities, any social
media or advertising platform (including Facebook, Twitter and Instagram) and
any person or entity associated with the production, judging or administration
of a Tournament (collectively, the “Released Parties”), from any and all
claims, demands, damages, losses, liabilities, costs or expenses caused by,
arising out of, in connection with, or related to their participation in a
Tournament and/or their participation in any prize-related activities
(including, without limitation, any property loss, damage, personal injury or
death caused to any person(s) and/or the awarding, receipt and/or use or misuse
of any Prize or participation in any Prize-related activities).
By
participating in a Tournament or accepting a Prize, participants consent to the
use of their name and/or likeness (voice, biographical information, city and
state of residence, statements, photograph, and recordings) as well as any Tournament
entry for advertising and promotional purposes (including, but not limited to,
use on Sponsor's web site and/or Facebook, Twitter or Instagram account without
additional compensation, except where prohibited by law).
Sponsor reserves the
right to make changes or additions to these Official Rules and/or extend the
dates of a Tournament for any reason at any time without any prior notice.
Sponsor’s failure to enforce any term of these Official Rules shall not
constitute a waiver of that provision.</p>
<p>
<b>USE OF PERSONAL INFORMATION:</b> Entrants’ personal
information will be collected, processed and used in accordance with Slidejoy’s
Privacy Policy which can be found at https://www.getslidejoy.com/privacy. .
</p>
<p>
<b>RELEASE:</b> All decisions of Sponsor are final and binding.
and entrants agree to waive any right to claim ambiguity in a Tournament or
these Official Rules, except where prohibited by law.
By participating in a Tournament
or accepting a Prize, Winner agrees to release the Released Parties from any
and all liability, loss or damage arising from or in connection with awarding,
receipt and/or use or misuse of Prize or participation in any Prize-related
activities.
Sponsor reserves the right to disqualify any entrant it suspects to
be tampering with the entry process or the operation of a Tournament or
violating these Official Rules.
The Released Parties shall not be liable for:
(a) late, lost, delayed, stolen, postage due, misdirected, incomplete
unreadable, inaccurate, garbled or unintelligible entries, communications or
affidavits, regardless of the method of transmission.
(b) telephone system,
telephone or computer hardware, software or other technical or computer
malfunctions, lost connections, disconnections, delays or transmission errors.
(c) data corruption, theft, destruction, unauthorized access to or alteration
of entry or other materials.
(d) any injuries, losses or damages of any kind
caused by the Prize or resulting from acceptance, possession or use of a Prize,
or from participation in a Tournament.
or (e) any printing, typographical, administrative
or technological errors in any materials associated with a Tournament.
Sponsor
disclaims any liability for damage to any computer system resulting from
participating in, or accessing, uploading or downloading information in
connection with a Tournament, and reserves the right, in its sole discretion,
to cancel, modify or suspend a Tournament should a virus, bug, computer
problem, unauthorized intervention or other causes beyond Sponsor’s control,
corrupt the administration, security or proper play of a Tournament.
Sponsor
may prohibit an entrant from participating in a Tournament or winning Prize if,
in its sole discretion, it suspects such entrant is attempting to undermine the
legitimate operation of a Tournament in any way by cheating, hacking,
deception, or any other unfair playing practices of intending to annoy, abuse,
threaten or harass any other players or representatives of Sponsor.
Use of any
automated system to participate is strictly prohibited and will result in
disqualification.</p>
<p>
<b>GENERAL: </b>If for any reason a Tournament is not capable of
running as planned, including infection due to computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failure, human error or any other
causes beyond the control of Sponsor that corrupt or affect the administration,
security, fairness, integrity, or proper conduct of a Tournament, Sponsor
reserves the right to disqualify any individual it suspects of tampering with
the entry process, operation of a Tournament or web site, and to cancel,
terminate, modify, or suspend a Tournament without notice and to select the
winner(s) from all eligible entries received prior to the cancellation or
termination.
Sponsor assumes no responsibility for any error, omission,
interruption, deletion, defect or delay in operation or transmission,
communications line failure, problems or technical malfunctions of any computer
online systems, servers, or providers, computer equipment, software, failure of
any e-mail or entry to be received by Sponsor on account of human error,
technical problems or traffic congestion on the Internet or at any Web site,
theft or destruction, or unauthorized access to, or tampering with or hacking
of website, or any combination thereof.</p>
<p>
<b>WINNER LIST/OFFICIAL RULES:</b> For a list of winner(s)
or a copy of a Tournament’s Official Rules, please send a self-addressed
stamped envelope indicating the name of the particular Tournament to: Slidejoy “Tournament”, Winner List/Official
Rules Request, Slidejoy, 22 W 30<sup>th</sup> St 3<sup>rd</sup> Floor, New York, New York 10001, to be received no later than 90 days after the end of a
Tournament.
</p>
<p> </p>  .