This terms of use was updated on September 10, 2024.
Welcome to SmartEdge Studio Limited! Please read our Terms of Use carefully when you use our products and services.
SmartEdge Studio Limited strives to create authentic and memorable experiences for players through our games, applications, websites, and online services. To ensure an enjoyable experience for all, we have established rules that apply to everyone—players, other users, and ourselves. By using our services and content, you agree to these Terms of Use.These Terms of Use are provided by SmartEdge Studio Limited (referred to as "we," "our," "us," or "the team"). The website is owned and operated by SmartEdge Studio Limited, located at 7891 Bonaventure Dr, Las Vegas, NV 89147.
Governing Law: These Terms of Use and any related agreements for the services we provide will be governed by and construed in accordance with the laws of the USA, Canada, the UK, or Australia, depending on your region.
1.1 These terms of use (the “Terms”) govern your access to and use of such Services ("user" or "you"). By using the Services and Content (defined below), you accept and agree to comply with these Terms and any particular age and territorial criteria. Additional terms may be applicable to a specific Service, including for example the Terms of Sale of the SmartEdge Sudio Limited Store, the User License Agreement and code(s) of conduct (“Code of Conduct”). In addition, our Privacy Policy will give you a clear understanding of our use of the personal data we may collect from you during your use of the Services. Please make sure to read all these documents before accessing a Service.
1.2 “Content” means any elements which are part of the Services, including but not limited to in-game items, customization elements, maps, avatars, all gameplay, graphics, music and sounds, text, all messages or items of information, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names. This includes elements created by you and other users, called User Generated Content; SmartEdge Sudio Limited Virtual Currency, and Test Content.
1.3 The Services and Content are licensed to you, not sold. This means we grant you a personal, limited, non-transferable and revocable right and license to use the Services and access the Content, for your entertainment, non-commercial use, subject to your compliance with these Terms.
2.1 Account Creation
To access certain Services, including online play, you may need to create a SmartEdge Studio Limited account ("Account"). When creating an Account, provide accurate, complete, and up-to-date information, including a valid email address. We may verify this information to protect users and prevent fraud, which may involve checking phone numbers and email addresses. You may need to submit documents like a copy of your ID or passport if requested.
2.2 Account Safety
You are responsible for any activity on your Account. To keep your Account safe: a) Choose a strong, unique alphanumeric password and change it regularly. b) Avoid using the same password for other accounts. c) Do not share your Account details or password with anyone. We will never ask for your password. d) Do not allow others to access or use your Account.
2.3 Report Issues
Notify us immediately at [email protected] if you suspect unauthorized use of your Account or any security issues.
2.4 Username/Avatar Creation
You may need to create a username and/or avatar, which will be linked to your Account and publicly visible. Avoid using your real name in your username. You cannot use a username or avatar that is already taken or includes "SmartEdge Studio Limited" or our logo. We may reject any username or avatar at our discretion.
2.5 Multiple Accounts
You should not create multiple Accounts unless explicitly allowed. If multiple Accounts are permitted, you must close any additional Accounts if requested, or we may terminate them.
3.1 SmartEdge Studio Limited Store
You can buy products through our in-app store. Purchases may be limited based on criteria like age and product availability. Promotions may have separate terms.
3.2 Credits and Virtual Currency
We offer virtual currency (e.g., points, coins) for use within our Services ("SmartEdge Studio Limited Virtual Currency"). This currency has no real-world value, cannot be sold or exchanged for cash, and is non-refundable unless required by law. It can only be used for Content within our Services and cannot be returned or exchanged once redeemed.
3.3 Wallet
We may provide you with an electronic wallet ("Wallet") in your Account. This Wallet:
· Is not a bank account or payment instrument.
· Cannot be used outside of our Services or exchanged for cash.
· Is non-refundable and non-transferable, except as required by law. We may set limits on the amount you can add or spend using your Wallet and update these limits as needed.
3.4 Prepaid Cards
You may use prepaid cards to buy Content or fund your Wallet. If your Wallet is at its limit, you may not be able to add more funds using a prepaid card.
3.5 Technical Measures and Internet Connection
We use technical measures to protect Services, such as digital rights management and encryption. A high-speed internet connection may be required for online features and some Content.
3.6 Mobile Services
You can access certain Services on mobile devices, but you'll need permission from the person who pays for the mobile service and internet access. Mobile usage may incur connection costs. The experience may vary compared to other devices, and we cannot guarantee the same level of comfort.
4.1 General.
We do not guarantee that the Services will be available at all times, in all locations worldwide, and/or on all devices. We do not guarantee that we will continue to offer any Service for any minimum period of time. We reserve the right to terminate all or part of the Services at any time.
4.2 Modification of Services price.
We reserve the right to modify the prices of the Services, including from a paid Service to a free-to-play one and vice versa. The new price applies only to orders placed after it has come into effect.
4.3 Modification of access to Services and Content.
a) We may modify the Content for any reason, at any time, in particular for technical reasons such as updates, maintenance operations or resets to improve or optimize the Services.
b) We may ask or enable you to download software, updates, patches and/or other utilities and tools supplied by us or our licensors (the "SmartEdge Sudio Limited Software"). We grant you a personal, non-transferable, and non-exclusive license enabling you to use SmartEdge Sudio Limited Software solely for the purposes of use of the Services, throughout the world and for the legal period of protection of the SmartEdge Sudio Limited Software under Intellectual Property Rights. We may specify terms of use for this SmartEdge Sudio Limited Software at the time at which it is made available to you. The performances of the SmartEdge Sudio Limited Software and Services may vary depending on your equipment. We may from time to time supply you with updates or modifications of the SmartEdge Sudio Limited Software that may be necessary for you to continue to use the Services.
c) Such modifications may affect the Services and/or your acquired rights or result in setbacks in the game environment.
d) We may also:
· set a maximum number of days for which a Content will be stored as part of the Services;
· set a maximum volume of messages which can be sent or received by an Account;
· set a maximum memory capacity which will be allocated by our servers for your Account;
· set a maximum number of times you may access the Services, together with a maximum duration for each access during a given period.
5.1 General Conduct
We aim to provide a welcoming and respectful gaming environment for all users, including minors. To maintain this, please follow these Rules of Conduct.
5.2 Lawful Use
Use the Services only for lawful purposes and as intended. Do not use them in any way that violates laws or regulations.
5.3 Prohibited Behaviors
The following behaviors are not allowed and may result in investigation and sanctions:
· False Information: Providing inaccurate registration details.
· Inappropriate Usernames/Avatars: Using names or images that include profanity, hate speech, or controversial content.
· Impersonation: Pretending to be another user or a representative.
· Harassment: Abusing or bullying other users or representatives through any communication methods.
· Minor Endangerment: Engaging in or promoting inappropriate behavior toward minors.
· Data Collection: Using unauthorized methods to collect user data, such as phishing or doxing.
· Intellectual Property: Infringing on our or others' intellectual property rights.
· Information Leaks: Sharing confidential or private information without permission.
· Unauthorized Modifications: Altering, copying, or distributing any part of the Content or Services without permission.
· Service Disruption: Causing disruption or overload to the Services or partner networks.
· Malware: Distributing viruses or participating in attacks on our servers or Services.
· Cheating Tools: Using or spreading cheat programs or hacks.
· Mirror Sites: Accessing the Services through unauthorized mirror sites.
· Unfair Advantages: Using methods to gain an unfair advantage or disrupt gameplay.
· Stream Sniping: Harassing or exploiting live broadcasts for unfair advantages.
· Gameplay Disruption: Interrupting gameplay or forum discussions, including spamming or in-game harassment.
· Exploiting Glitches: Using bugs or glitches to gain an unfair advantage.
· Unfair Assistance: Helping or teaming up with others to gain unfair advantages.
· Unauthorized Boosting: Using unauthorized services to boost game performance.
· Unauthorized Access: Trying to access parts of the Services not authorized by us.
· Server Emulators: Using alternative methods to access the Services.
· Reposting Moderated Content: Posting content previously moderated or removed.
· Voice Disruption: Using sound to intentionally disrupt voice chat.
· Regional Restrictions: Bypassing regional restrictions using proxies or VPNs.
· Misuse of Help Services: Misusing or making false reports to support staff.
· Fraud: Engaging in credit card fraud or chargebacks.
· Scams: Trying to deceive others for personal gain.
· Account Transfer: Selling, sharing, or transferring your Account.
· Ignoring Instructions:Disregarding the instructions of our representatives.
We may apply sanctions, in the event of violation of the Terms and/or of a Code of Conduct. The sanctions are decided on a case-by-case basis, based on multiple criteria, including but not limited to, the seriousness of the violation, the number of violations, and the impact of the violations on the Services, on other users and/or on our representatives.
Here is a non-exhaustive list of sanctions we may apply:
· Issuance of a warning;
· Disability of any username, avatar or password;
· Reset of your in-game progress to a previous state;
· Decrease of your Account level or of your level/points associated to a given Service;
· Remove your Access from particular features (including chats) on one or several Services;
· Issuance of a temporary ban of your Account from one or several Services;
· Issuance of a long-term ban of your Account from one or several Services;
· Prevention from accessing a specific or several Services on a particular device;
· Suspension or closing of your Account and/or your ability to use one or more Services, or part of the Services.
We may use our own and/or third-party anti-cheat solutions to detect non-authorized behaviors and/or apply corresponding sanctions.We may restrict your access to all or part of the Services should we suspect that you engage in unlawful behaviors inside or outside the Services, in order to keep a friendly, safe and fair environment for our users.
In addition, we reserve the right to take legal action on grounds of civil or criminal responsibility in order to stop a breach of your legal or contractual obligations and obtain compensation for our losses. In particular, we reserve the right to prosecute any user who has deliberately damaged or attempted to damage the Services or disrupted the legitimate functioning of the Services or provided assistance for so doing.
7.1 Report Content in violation of these Terms.
If you consider that any Content made available on the Services does not comply with these Terms, you may report this to us by using the "Report" option, when available in the Service, or by contacting our customer support at [email protected].
To assist us in quickly responding to your report, please include as much as possible:
· The date of your report;
· Your surname, first name, address, and email address;
· The identification and description of the Content which is, in your opinion, contrary to these Terms, indicating its precise location;
· An indication of the reasons why you believe that this Content does not comply with these Terms and should be removed from the Services, citing the Article of these Terms along with proof where possible;
· A declaration specifying that you believe that all the information in the report is correct.
7.2 Report Content in violation of Intellectual Property Rights.
We respect the Intellectual Property Rights of others and expect users to do the same. If you consider that any Content made available on the Services is violating your Intellectual Property Rights, you may report this to us by sending an e-mail to [email protected], indicating the information listed below:
· The information requested in Article 7.1;
· Evidence that you are authorized to act on behalf of the owner of the right(s) alleged to be infringed or if you are acting on behalf of your company, the type of the company, its name, its registered office and your function within the company;
· A clear identification of the work protected by your Intellectual Property Right(s) that you allege is infringed, as well as any element demonstrating the existence of your right(s);
· When applicable, information regarding any registrations of these rights or applications to register these rights, including the countries where registered or applied for, validity period and application or registration numbers;
· Copy of the correspondence sent to the author of the disputed Content requesting its withdrawal or modification, or a justification that the author could not be contacted.
7.3 Our response to your report.
After receipt of a report, we reserve the right to act as we deem appropriate. We notably reserve the right to delete and/or deactivate the Content reported and to ask you and other users to cease using such Content.
If we delete or deactivate any Content that you have published in violation of these Terms and/or of third parties' Intellectual Property Rights, We reserve the right to apply sanctions as listed in Article 6.
You acknowledge that knowingly wrongly making a false report of a Content in order to obtain its removal or to stop its dissemination on our Services is punishable by law.
YES. Both at your initiative and ours.
8.1 Termination of the Account or access to Service(s) at our initiative.
We may suspend or close your Account and your ability to use one or more Services or part of the Services, at any time, automatically and at our sole discretion where:
· we have formally requested that you provide us with proof of your identity or to cease an action, behavior, or breach of these Terms;
· we have reasonable grounds to believe that you have violated these Terms (including the Rules of Conduct) or any specific terms and conditions relating to any Service;
· for any other reason in relation to your actions in or outside of the Services;
· upon notification, where your Account has been inactive for more than six months.
Should you have more than one Account, we reserve the right to suspend or close all of your Accounts once one has been suspended or closed by us under this process.
8.2 Consequences of the Termination/Suspension of an Account.
· You cannot use the Services and Content anymore.
· You will lose, and we may delete, your profile and the related information you have passed on to us, together with any Content you may have published, uploaded, made available on the Services, notably your username, avatar(s).
· We reserve the right to store personal data relating to your profile for a reasonable period of time, as detailed in our Privacy Policy.
· We may not allow you to create an Account again without our express permission, at our discretion,
· In the event of termination of your Account, you will no longer have access to your Account and you will lose all your save files and in-game progression related to the Services.
· In the event of termination of your Account or of Service(s) associated with your Account, no credit (such as for unused Services, unused subscription period, unused points or SmartEdge Sudio Limited Virtual Currency) will be credited to you or converted into cash or any other form of reimbursement.
9.1 If you are a minor in your country of residence, you should read these Terms with the help of your parents or guardian.
9.2 If you are a parent or guardian, we recommend that you monitor your children's gaming activities, in particular online and that you familiarize yourself with the parental controls that may be made available by us and/or our partners. We encourage you to visit our “parents corner”, a page we have developed in collaboration with experts, players and parents, to answer some of the frequently asked questions we receive and provide tips and guidance.
9.3 We may restrict access to certain Services on age grounds, and for minors under a certain age, we may allow you to register for certain Services only with consent from your parent or guardian.
9.4 As far as is permitted by law, we accept no responsibility regarding any activities which may be conducted by minors without the permission of their parents or legal guardians. In all cases, all use of the Services by minors is the responsibility of their parents or legal guardians. If you are a parent or legal guardian and you give your permission for your child to register for the Services, you thereby agree to the Terms relating to use of the Services by your child.
10.1 The Services and Content are protected by national and international laws and treaties. Except as expressly set out in these Terms, we, and our licensees and licensors, reserve our respective Intellectual Property Rights (defined below) in the Services and the Content. Any reproduction or representation of these elements in any way and for any reason is prohibited without our prior permission.
"Intellectual Property Rights" are patents, rights to inventions, copyright and related rights, trademarks, trade names, neighboring rights, right of publicity, commercial secrets, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
10.2 You may submit reviews, comments, suggestions, proposals, materials or other feedback (“Submissions”) on or outside the Services. We appreciate your enthusiasm but you acknowledge that we have no obligation concerning unsolicited Submissions, including but not limited to, no obligation to accept, consider, review or return any materials or acknowledge receipt of any Submissions. You agree that products, services or features developed or published by us might appear to be similar or identical to such unsolicited Submissions.
YES. You may access certain Services via the services/platforms offered by third parties (i.e. console manufacturers, streaming services, etc.). The terms of these third parties will govern your behavior when you access the Services through their services/platforms and, in the event of a conflict with these Terms, the terms applicable to the services/platforms offered by these third parties take precedence.
We may also display certain third party products, services and/or content by inserting, in our Services, promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of our choice.
In both cases, we may not be held responsible for such third party services, products and/or content.
12.1 Limitation & Exclusion of Liability.
a) You expressly acknowledge that your use of the Services and Content is at your own risk.
b) The Services are supplied “as is”, without any guarantees, conditions, warranties or other terms as to:
· their suitability for a particular use;
· their market value;
· the absence of interruptions or errors, bugs, viruses or harmful elements, or that errors, bugs, viruses or harmful elements will be corrected; and/or
· your satisfaction.
c) We hereby expressly exclude:
· all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
· any liability for loss or damage suffered in connection with your use of the Services or any related third party service.This includes all losses of any kind (direct, accidental, incidental, consequential and/or indirect), whether in tort (including for negligence or breach of statutory duty), contract and/or misrepresentation (whether innocent or negligent).
· Nothing above prevents claims for damage to your tangible property.
d) Your sole remedy in the event of a dispute with us is to:
· if applicable, seek damages for your losses; and
· cease to use the Services and terminate your Account.
e) When we acknowledge that a Content you purchased is unusable due to our fault, our liability will be limited to providing you with a Content of an equivalent value, chosen by us.
f) Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
12.2 Limitation and Exclusion of Liability for American Consumers
a) Risk Acknowledgment
You acknowledge that using the Services and games is at your own risk.
b) No Warranty
We provide the Services "as is" and do not guarantee:
· Their market value.
· That they will be free from interruptions, errors, bugs, viruses, or other harmful elements.
· Your satisfaction.
c) Content Check
We do not thoroughly check the Content, including User-Generated Content (UGC), or communications from users on the Services.
d) Limitation of Liability
To the extent permitted by law:
· We exclude all implied conditions, warranties, and terms.
· We are not liable for any loss or damage related to the use of the Services or third-party services, including direct, accidental, incidental, consequential, or indirect losses.
· Claims for damage to tangible property are not affected.
e) Consumer Guarantees
Under American consumer law, our goods come with guarantees that cannot be excluded. You are entitled to a replacement or refund for major failures and compensation for foreseeable loss or damage. You may also have goods repaired or replaced if they fail to meet acceptable quality standards.
f) Dispute Resolution
In the event of a dispute:
· Your only remedy is to stop using the Services and terminate your Account.
· You may seek damages for your losses if applicable.
g) Content Issues
If a purchased Content is unusable due to our fault, our liability is limited to providing equivalent Content chosen by us.
h) Legal Liability
Our liability for death or personal injury due to negligence, fraud, or any other liability that cannot be excluded or limited by law is not affected.
12.3 Indemnity & Compensation.
a) You agree to defend, indemnify and keep us and our licensors, licensees, assignees and successors in title and their respective employees, officers or directors, our respective subcontractors and Content suppliers (collectively the “Affiliates”) indemnified from and against any claim or alleged claim, all liabilities and damages and all costs, including lawyers' fees, following and/or resulting from a violation of these Terms for which you are responsible, or related to your behavior on the Services, including relating to your UGC.
b) Without limiting the generality of the foregoing, you agree to defend, indemnify and keep indemnified us and our Affiliates in the event of inappropriate or illegal use of your Account, including by someone you have authorized to use your Account. You agree to be held personally responsible for your use of the Services and for all your communications and activities on the Services, including the Forums.
c) We reserve the right to take sole conduct, at our own expense, of any claim which you have indemnified us of or which may give rise to compensation by you. You agree in such a case to fully collaborate with us upon request in defense of our interests.
13.1 Modification of the Terms.
We may revise these Terms at any time for security, legal, best practice and/or regulatory reasons. We will not use this right to make substantial changes to the Terms, affecting your rights, without giving you a chance to agree. If you do not agree to the changes made to these Terms, you shall terminate your Account as set out in Article 8.1. You should check for revisions to the Terms regularly as they are binding on you. Any use of the Services subsequent to revised Terms coming into force implies acceptance of the revised Terms.
13.2 Severance.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it was deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect our initial intentions.
13.3 No Waiver.
Waiver of a right or remedy may be considered to have taken place only after the signing by us and you of a written statement to this effect. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13.4 Entire Agreement.
a) In entering into these Terms, neither party has relied upon and does not rely on any statement, representation, assurance, or warranty (“Representation”) of any person other than as expressly set out in these Terms.
b) Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract.
c) These Terms and all rules or instructions published online concerning a Service contain the entire agreement between us and you with respect to the subject matter hereof and supersede and cancel any and all prior or contemporaneous oral or written understandings, negotiations, and agreements.
d) Nothing in this Article shall limit or exclude any liability for fraud or fraudulent misrepresentation.
13.5 Dispute Resolution.
These Terms, your Account, and any disputes or claims arising in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Nevada. You irrevocably agree that the courts of Nevada have exclusive jurisdiction to settle any such dispute or claim.
13.6 Force majeure.
We shall have no liability under these Terms if we are prevented from, or delayed in, performing our obligations or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, failure of a telecommunications network, act of God, war, riot, pandemic, malicious damage, compliance with any law or governmental order, accident, fire, flood or default of sub-contractors.
13.7 Contact / Customer support.
You can access these Terms at https://smartedgesudio.com/index.html#contact. For any question concerning these Terms, any Service or Content, you may contact us at: [email protected].
We are committed to providing a high-quality and delightful gaming experience for players worldwide, allowing each user to find joy and entertainment in our games.