Last updated: August 25th 2023

This Terms of Use define the relation with You (“User” or “You”) as you interact with our websites, games, apps and related services (“Services”).

We are PMF TOP JOY GAMES LIMITED, a limited liability company registered in Republic of Cyprus under number HE 448701, having its address Agias Zonis & Thessalonikis PENTADROMOS CENTER, Block B, 10th floor, Flat/Office 1001, 3026, Limassol, Cyprus (”TOP JOY”).

If You do not agree to be bound by these Terms of Use, do not access or use the Services.

These Terms of Use set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. You represent and warrant that all information disclosed to us in connection with these Terms of Use are true, accurate, and complete.

Our Privacy Policy is hereby incorporated by reference and shall govern your use of our Services.

TOP JOY is a developer and publisher of games and mobile game applications. When downloading or purchasing games or mobile game applications from us, you may require to review and agree to the terms and conditions, as well as privacy policies of certain third-party service providers as various stores for example, Google Play Store, Apple App Store etc.

DISCLAIMER

ALL INFORMATION, SOFTWARE, AND SERVICES OFFERED BY TOP JOY ARE PROVIDED "AS IS". TOP JOY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TOP JOY MAKES NO WARRANTY OR REPRESENTATION AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICES. TOP JOY MAKES NO WARRANTY OR REPRESENTATION THAT THE INFORMATION, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED. TOP JOY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES.

IN NO CASE SHALL TOP JOY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF TOP JOY INFORMATION) REGARDLESS OF WHETHER TOP JOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED BY TOP JOY IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR PROVIDE SPECIAL CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TOP JOY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, ANY GAME, EVEN IF TOP JOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOP JOY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID TOP JOY IN THE PRIOR 12 MONTHS (IF ANY). .

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES OR PROVIDE OTHER SPECIAL REGULATIONS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION..

INDEMNIFICATION

You will indemnify and keep indemnified TOP JOY, and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by TOP JOY or any other third party in respect to any act or omission by You in the performance of your obligations under this Terms of Use, unless such liabilities result from gross negligence, willful default or fraud by TOP JOY.

TOP JOY reserves the right at Your expense to assume the exclusive defense and control of any matter for which You are required to indemnify TOP JOY and You agree to cooperate with our defense in such claims. You agree not to settle any matter without the prior written consent of TOP JOY.

YOUR COMMITMENTS

Services are designated exclusively for the private use by You acting as an individual. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations and Your hereby warranty shall include Your representation the You will not use the Services from the jurisdiction that is subject to embargo imposed by US Government or/and responsible Authorities of European Union and that You are not listed on any restricted party lists of US Government or/and responsible Authorities of European Union.

MINORS

You must be at least 12 years of age to use our Services. If You are 12 years old but not yet 18 years old, Services are limited to You and You can only use our Services with your parent(s) or legal guardian having reviewed the terms hereby stated and having allowed You to use the Services.

END-USER LICENSE

Subject to the terms of these Terms of Use, TOP JOY grants You a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use copyright or otherwise legally protected materials provided as part of the Service for Your personal non-commercial entertainment purpose.

Limitation of rights granted: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Service; (b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) You shall not access Service in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in Service.

COPYRIGHT

Copyrights, trademarks, and all other proprietary rights shown in the content (including, but not limited to, software, services, text, graphics, and logos) are reserved to TOP JOY and protected by international copyright laws. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the site, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of TOP JOY is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

TOP JOY disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by TOP JOY "AS IS", without warranty of any kind, either expressed or implied.

The copyright or otherwise legally protected materials provided as part of the Service provided to You are licensed to You and not sold, which please note.

TOP JOY (and its licensors, where applicable) own all rights, title and interest, including without limitations any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by TOP JOY and/or received or made available while playing the games or developed during the course of the games, and all related intellectual property rights, in and to Services.

CONTENT

“Content” refers to all software (including without limitation all games, titles, and computer code), communications (including without limitation all stories, dialogues, concepts, documentation, and character profile information), images, sounds, audio-visual effects, accounts, Virtual Currency and Virtual Items, and material produced by TOP JOY and/or received or made available while playing the games or developed during the course of the games. Content also includes all feedback, comments, or suggestions that TOP JOY receives from you regarding the Services.

Unless otherwise expressly stated in writing, you understand and agree that all Content is owned, controlled, and/or licensed by TOP JOY. TOP JOY reserves the right to use all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction by or compensating you. TOP JOY reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights to and relating to its Services. You are not permitted to copy, redistribute, publish, create any derivative work from, or otherwise exploit our Content or any part of our Content in violation of TOP JOY’s and/or any other third party’s intellectual property rights.

TOP JOY, its logos, game titles, and all related characters and elements are trademarks of TOP JOY and may not be used without its prior written consent.

You acknowledge and agree that TOP JOY may use built-in tracking features to obtain information regarding your use of the Services in order to improve the services we provide, and agree that such information is deemed to be Content for all intents and purposes under these Terms of Use.

THIRD PARTY CONTENT

Services may contain user generated content provided by other users of the Services. TOP JOY shall not be responsible for and does not control such content. TOP JOY has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to such content. Your use of other users’ content and any interaction with other users shall be solely at Your own risk. You agree that TOP JOY will not be responsible for any liability incurred as the result of any such interactions.

USER CONDUCT

You agree not to use any Service to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.

You agree not to use any Service to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, post and/or make available to the public any other user’s personal information in the games and/or any game-related services without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to games (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the website or game or servers or networks connected to games (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any game.

Also you agree not to use:

(a) any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (b) use any meta-tags or any other "hidden text" utilizing "TOP JOY," its affiliates, partners or artists without TOP JOY's express written permission; or (c) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, "hacking" the Services, or infringing the intellectual property or other proprietary rights of TOP JOY or third-parties.

You acknowledge and agree that TOP JOY may use built-in tracking features to obtain information regarding Your use of the Services in order to improve the services we provide, and agree that such information is deemed to be User Content for all intents and purposes under these Terms of Use.

ONLINE PURCHASES

You must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment when conducting online purchases with TOP JOY. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or if TOP JOY has reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, TOP JOY has the right to void related financial transactions, to revoke all associated software licenses acquired via such transactions, and to refer to appropriate authorities the details of such incidents.

IN-GAME PURCHASES

TOP JOY’s mobile and social games may include virtual in-game currency (“Virtual Currency”), that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items”). Please note that TOP JOY does not handle and is not responsible for handling transactions acquiring Virtual Currency. All Virtual Currency transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency, you are bound by and agree to the third-party payment providers’ terms and conditions. In no way shall Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Transferring Virtual Currency or Virtual Items outside the Services is strictly prohibited.

All prices and sales of Virtual Currency and Virtual Items are final. Neither third-party payment providers nor TOP JOY issue refunds for completed transactions except as provided in this Terms of Use. Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not hold title to them. In the event your account is limited, terminated, suspended, modified, or deleted for any reason, at TOP JOY’s sole and absolute discretion, or if TOP JOY discontinues the Services, you forfeit any and all Virtual Currency and Virtual Items earned or purchased. TOP JOY has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Items as it sees fit and at its sole discretion, and TOP JOY is under no obligation to compensate you or anyone else for any resulting losses.

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PAYMENTS AND REFUNDS

When you purchase the Apps from any App Store, including subscriptions and in-app purchases (Virtual Items and Virtual Currency), the payment for such purchases may be processed either by third parties on our behalf, or directly by the owner of the App Store. When purchasing the Apps, including subscriptions and in-app purchases, you agree that the digital content will be available to you immediately, and acknowledge that you will lose your rights to the 14 days cancellation period and refunds available for EU and EEA residents. If you download the Apps from the Online Store owner, before effecting the purchase from the Online Store, please also review and accept the terms and conditions of the Online Store owner with regard to your rights to cancel orders and get related refunds. Thus, if You have any payment related issues, then You need to contact App Store or Google Play directly.

All purchases and redemptions of Virtual Items and Virtual Currency, as well as payments for the Subscriptions made through the Services are final and non-refundable, except when required by law. You agree that TOP JOY is not required to provide a refund for Virtual Items and Virtual Currency for any reason, and that You will not receive money or other compensation for unused Virtual Items and Virtual Currency, whether You lost license under these Terms of Use voluntary or involuntary.

Please note that if You request Your personal data to be erased, You will permanently and without a right to a refund lose all Your Virtual Items and Virtual Currency as TOP JOY can no longer associate such Virtual Items and Virtual Currency with You.

THIRD PARTY SERVICES

When using the Services third parties may offer you certain third-party applications to provide content through the game, which may be permitted by TOP JOY. The Services may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When You do so, we will share information with the Third-Party Service as described in our Privacy Policy to the extent necessary for the third party to provide the Third-Party Services. TOP JOY is not responsible for and does not control Third-Party Services, as well as has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services.

RELEASE

You hereby irrevocably and unconditionally release and forever discharge TOP JOY from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other games users, or third party advertisers.

MISCELLANEOUS

Modifications. We may amend these Terms of Use anytime. The amended Terms of Use will be published on this website and in some cases will also be notified about via electronic means of communication, such as pop-up, in-game etc. Your continuous use of the Services will state your acceptance of the revised provisions of these Terms of Use.

Governing Law and Dispute Resolution. By agreeing to the Terms of Use You agree that You are required to resolve any claim that You may have against us on an individual basis in the courts of England. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else. You agree that any dispute, claim or controversy arising out of or relating to (a) these Terms of Use or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms of Use, will be settled by the courts of England. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. These Terms of Use and your use of the Services will be governed by and construed in accordance with the laws of England and Wales.

Termination. We reserve the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part (including but not limited to by deleting your account) at any time, if we reasonably believe that you have violated or breached any of these terms. In the event that we suspend or terminate your account, you will have no further access to your account and/or any Content associated with it. As stated above, TOP JOY and third-party e-commerce payment providers will not issue any refund to you for Virtual Currency or Virtual Items acquired, developed during, or purchased in the games. You may terminate your use of the Services as well as these Terms of Use any time without cause subject to thirty (30) days’ prior written notice delivered to TOP JOY via contact email.

Contact. You shall send any notices pursuant to these Terms of Use and our Services use to the following email: support@topjoygamesltd.com.

Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Assignment. You may not assign or transfer any of your rights or obligations under these Terms of Use without prior written consent from TOP JOY, including by operation of law or in connection with any change of control. TOP JOY may assign or transfer any or all of its rights under these Terms of Use, in whole or in part, without obtaining your consent or approval.

No waiver.The TOP JOY’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Thank you for playing our games!