Terms of Service
TERMS OF SERVICE
Last updated 19th July 2024
1. AGREEMENT TO TERMS
This Terms of Service Agreement ("Agreement") informs you of the terms, conditions, disclaimers, notices and policies (collectively the "Terms") that apply to your access and use of Retropy ("Game"), developed and operated by Surf Punk Interactive, Inc. ("Company", "SPI", "we", or "us"). This Agreement is a binding contract between you and Surf Punk Interactive, Inc. By accessing, playing, downloading or browsing our Game, you represent that you have read, understood and agree to be bound by this Agreement and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE OUR GAME.
2. ELIGIBILITY
You must be at least 13 years of age to access and use the Game. There is no exception to this requirement. SPI does not knowingly collect any personal information from children under the age of 13. By your use of the Game, you agree that you are at least 13 years of age and that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
3. CHANGES TO TERMS
SPI may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Game's website. Your continued use of the Game after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY STOP USING THE GAME AND UNINSTALL IT FROM YOUR DEVICE.
4. PRIVACY POLICY
The Game includes a Privacy Policy relating to the collection, use and disclosure of your information. Please read the Privacy Policy provided on the Game's website carefully. By playing the Game, you are consenting to the Privacy Policy.
5. INTELLECTUAL PROPERTY RIGHTS
The Game contains copyrighted material, trademarks, and other proprietary information, including but not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Game are protected by copyright as a collective work under international copyright laws. SPI owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only.
6. USER ACCOUNTS AND CONDUCT
You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree not to:
a) Use the Game for any unlawful purpose or in violation of these Terms
b) Attempt to gain unauthorized access to the Game or its related systems
c) Interfere with or disrupt the operation of the Game
d) Use cheats, exploits, automation software, or any unauthorized third-party software
e) Harass, abuse, or harm another person through the Game
7. DOWNLOADABLE CONTENT (DLC) AND USER-GENERATED CONTENT
7.1 Retropy offers DLC, which may include additional 3D puzzles and other content. DLC may be provided by SPI
or created and shared by users.
7.2 DLC may be offered for free or as paid content.
7.3 Users may create and upload their own 3D puzzles or other content ("User-Generated Content") to be shared
with other users.
7.4 By uploading User-Generated Content, you grant SPI a non-exclusive, worldwide, royalty-free license to use,
reproduce, modify, adapt, publish, translate, and distribute your content in connection with Retropy.
7.5 You retain ownership of your User-Generated Content, but you are responsible for ensuring that your content
does not violate any third-party rights or applicable laws.
7.6 For paid User-Generated Content, revenue will be shared between SPI and the content creator according to
SPI's current revenue sharing policy. This policy may be updated from time to time at SPI's discretion. For the
most current information on revenue sharing rates, please refer to our website or contact us directly.
8. USER SUBMISSIONS
All comments, feedback, suggestions, gameplay features, level designs, and other submissions ("User Ideas") disclosed, submitted, or offered to SPI shall be the exclusive property of SPI. We may use, sell, exploit, or create derivative works from these User Ideas without compensation to you.
9. LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SURF PUNK INTERACTIVE, INC., INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF
THE GAME, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT SURF PUNK INTERACTIVE, INC. CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE
10. IN-GAME PURCHASES
10.1 Retropy may offer the opportunity to purchase virtual items or currency for use in the game.
10.2 All purchases are final and non-refundable, except as required by applicable law.
10.3 SPI reserves the right to modify, manage, control or eliminate virtual currency or items at any time.
11. TERMINATION
We reserve the right to terminate or suspend your access to Retropy at our sole discretion, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users, us, or third parties, or for any other reason.
12. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless SPI, its officers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Game, your violation of any of the Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party.
13. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be subject to the laws of the State of Delaware, United States, excluding CISG. The courts of general jurisdiction in Delaware shall decide on all disputes under or in connection with this Agreement. Venue is Dover, Delaware.