TERMS AND CONDITIONS OF USE (COBALT20 INC.)
The terms of this agreement ("Terms of Use") govern the relationship between you and Cobalt20 Inc. of address Brights Grove, Ontario, Canada ("Cobalt20" or "Us" or "We") regarding your use of Cobalt20’s games, websites and related services (the "Service"), including all information, text, graphics, software, and services, available for your use. By using this application and the services offered on it, downloading any software, or browsing the website, as well as by downloading any of Cobalt20’s games either onto a PC or from app stores, you accept the following Terms of Use. If you do NOT agree to all these Terms of Use, please do NOT use this website and/or download any of our games.
Cobalt20 is authorized to amend the Terms of Use at any time, with the amended Terms of Use effective as soon as they are posted on this website. Please check the most current Terms of Use to ensure that you are aware of all the terms and conditions regulating your use of this website and Cobalt20’s games.
Cobalt20 reserves the right to make changes to or update the content of the website and its games or the format thereof at any time and without any notice. Cobalt20 reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.
WARRANTIES AND DISCLAIMERS
ALL INFORMATION, SOFTWARE, AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS." COBALT20 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.
COBALT20 MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICES. COBALT20 MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE INFORMATION, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
COBALT20 ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.
IN NO CASE SHALL COBALT20 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 COBALT20 INFORMATION) REGARDLESS OF WHETHER COBALT20 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED ON THE WEBSITE 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.
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 Cobalt20 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 Cobalt20 is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
Cobalt20 disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by Cobalt20 "AS IS," without warranty of any kind, either expressed or implied.
Online Purchasing
When conducting online purchases with Cobalt20.com, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or if Cobalt20 has reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, Cobalt20 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 Currencies and Goods
Cobalt20’s mobile and social games include virtual in-game currency (“Virtual Currency”), such as gems, treasure chests and tokens, that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items”) and real items. Please note that Cobalt20 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 of Use.
In addition to all third-party obligations, the following shall apply. Transferring Virtual Currency or Virtual Items outside the Games is strictly prohibited, meaning that you may not buy or sell Virtual Currency or Virtual Items for real money or otherwise exchange Virtual Currency or Virtual Items for items of value outside the platform.
You also agree that all prices and sales of Virtual Currency and virtual and real Items are final. Neither third-party payment providers nor Cobalt20 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 own them. In the event your account is limited, terminated, suspended, modified, or deleted for any reason, at Cobalt20’s sole and absolute discretion, or if Cobalt20 discontinues its Games, you forfeit any and all Virtual Currency and Virtual Items earned or purchased. Cobalt20 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 Cobalt20 is under no obligation to compensate you or anyone else for any resulting losses.
Using Gems
You may exchange your accumulated gems for in-game Virtual Items in the game. You may also exchange your gems for items in the Shopping area of the game. In order to redeem gems, you must have a valid SimPlaces account. When you exchange gems for SimRewards, you will be asked to confirm your name, email address, and any other details required for the corresponding reward. The name provided must match the name that appears on a government-issued identification belonging to the person who has accumulated the gems through his/her use of the Service. The identification may be used by our SimRewards partners to verify your eligibility.
Once you have exchanged gems for an item, you are said to have “purchased” that item. After purchasing the item, you will have a limited period of time in which to complete the redemption process. Redeeming a reward that has been purchased in the Store secures that SimReward for your specific use at a particular time. When the redemption process is complete, you may then claim the SimReward. A SimReward is considered claimed at the moment when it is received by the user, e.g. once a gift card has been purchased in the SimReward store, and either downloaded electronically or delivered to the user, it is considered claimed.
Partners may, at their discretion, place restrictions on the usage of the SimRewards they offer in the store, e.g., a minimum age requirement, reward usage black-out dates, a limit as to the number and frequency of awards that may be used within a specified period of time, which may exist independently of the Service. Redemption of SimRewards are subject to the terms and provisions of the awards provider.
Because the redemption period, redemption method, and other terms of SimRewards usage may vary, you must review the specific terms and conditions of each SimReward you purchase with your gems. Cobalt20 is not responsible for the terms and conditions of the SimRewards that are supplied by partners and bears no responsibility to you for any such unread, misread or misunderstood terms. The selection and availability of SimRewards is subject to change without notice and Cobalt20 makes no guarantees as to the availability of any SimReward. For complete details and the terms, conditions and restrictions for any individual SimReward, please refer to the detail found within the Store within the game.
SimReward Cancellations and Refunds
Generally, you may cancel, during the redemption period and for a full refund of the gems used to purchase it, any SimReward that you have purchased but has not yet been delivered or downloaded. Once you have redeemed a SimReward, either through the download available through the Service or otherwise, you may no longer cancel that SimReward and you will not receive a refund of gems. With any partner provided SimRewards, there may be occasions where a SimReward will “sell out” or otherwise become unavailable between the time of purchase and the time of redemption. If a SimReward (provided by a partner), is unavailable for redemption because of such unavailability, you will be eligible to receive a full refund of the gems used to purchase that SimReward. If you do not redeem or cancel a SimReward during that SimReward’s Redemption Period, the SimReward may expire. Your gems may not be refunded to you if you allow a purchased SimReward to expire. Some SimRewards are of such limited availability that our SimRewards Partners may, in their sole discretion, deem them to be non-refundable. Non-refundable SimRewards do not have a Redemption Period and therefore may not be cancelled for a refund of gems after they are purchased. You are solely responsible for reading and understanding the refund terms and conditions of each SimReward purchased.
Changes and Other Rewards Terms
You must be 16 years of age or older at time of redemption of awards offered by Cobalt20.
From time to time, other SimReward Partners may require you to enroll in separate rewards programs as a condition of redeeming certain awards. If you choose to participate in such programs, you hereby agree to comply with all applicable SimReward Partner rules, policies, and terms and conditions. Once you have redeemed a SimReward with any such Rewards Partner, your ability to change that SimReward may be at the sole discretion of that Rewards Partner. Any such changes will not result in a change to your gems balance.
Some SimRewards have no cash value and are non-transferable (such detail to be contained within each individual SimReward).
Third Party Providers of Goods and Services
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any award they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. Any such changes may affect your ability to use the gems that you have accumulated through your use of the Service to purchase or redeem awards from such Partners. You hereby agree that Cobalt20 shall have no liability to you as a result of such action by any Rewards Partner.
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services made available on or through the Service, including participation in the rewards programs offered by any of our Rewards Partners, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party provider and solely at your own risk. You hereby release Cobalt20 (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Service.
Third party refunds
In case of refund, payment processor's standard terms and conditions regarding refunds will apply. User refunds are exclusive of taxes previously charged to users for product purchases.
Special refund regulation for Google Play
If your purchase is through the Google Play store, you can:
Request a refund on the Google Play website. If it’s less than 48 hours since you bought an app or made an in-app purchase, you can request a refund through Google Play. Visit https://play.google.com/store.
Special refund regulation for AppStore
You can report to Apple a problem with any purchase that you've made using the link http://reportaproblem.apple.com/. If technical problems prevent or unreasonably delay delivery the Game, your exclusive and sole remedy is either replacement of the Game or refund of the price paid, as determined by Apple. From time to time, Apple may refuse a refund request if Apple finds evidence of fraud, refund abuse, or other manipulative behavior. Please see https://support.apple.com/ for more information .
Rights to 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 Cobalt20 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 Cobalt20 receives from you regarding the Games. Unless otherwise expressly stated in writing, you understand and agree that all Content is owned, controlled, and/or licensed by Cobalt20. Cobalt20 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. All Content is copyrighted under the copyright laws of Ontario, Canada and/or similar laws of other jurisdictions, protecting it from unauthorized use. Cobalt20 reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights to and relating to its Games. 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 Cobalt20’s and/or any other third party’s intellectual property rights. Cobalt20, its logos, Game titles, and all related characters and elements are trademarks of Cobalt20 and may not be used without its prior written consent.
If you are deemed to have retained any right to, title of, or interest in our Content or any part of our Content, you agree to and hereby assign solely and exclusively to Cobalt20 all of your rights to, titles of, and interests in such Content or any part of such Content without additional consideration and in perpetuity under all applicable laws. If, for any reason, such assignment is ineffective under applicable law, you hereby grant Cobalt20 the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create any derivative work from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content or any part of such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.
At our discretion, Cobalt20 representatives or technology may monitor certain Content in the Games, though it cannot and makes no undertaking to monitor all Content. We may edit, refuse to post, or remove any Content posted in the Games or in any Games-related sources that is deemed objectionable or violates these Terms or the spirit of these Terms at our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. You understand and agree that we are not responsible or liable for any Content generated by users of the Games. This implies that users, not us, are entirely responsible for the completeness, accuracy, and/or usefulness of all the Content they upload, communicate, transmit, and/or otherwise make available via our Games and related services.
You acknowledge and agree that Cobalt20 may use built-in tracking features to obtain information regarding your use of the Games 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.
Information Provided by You
The use of all materials and information sent through or in connection with this website and/or Cobalt20’s software by you is subject to our Privacy Policy .
Use of Software
The software available for download on this website or in app stores, as well as available on social networks, and all its documentation are the copyrighted work of Cobalt20. Use of that software is governed by the terms of the end-user license agreement that accompanies or is included in it. You are not able to use, download, or install any software without first agreeing to the terms of the end-user license agreement that accompanies or is included in it.
You may not use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the software or other products, services, or processes accessible through our website or Games except as expressly authorized herein or in the applicable end-user license agreement. You also acknowledge and agree that you will not transmit, upload, or attempt to transmit or upload viruses, adware, spyware, worms, or any other malicious or invasive code.
The software is supplied "AS IS." Cobalt20 disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability and fitness for any purpose with respect to the software. You assume the entire risk of using the software.
You understand that Cobalt20’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your device and other equipment.
Cobalt20 grants you a non-exclusive, non-transferable, revocable, and limited license to use our software. You may not use Cobalt20 software for any purpose other than that described in the license granted to you. Any illegal use of our software is solely your responsibility.
User Conduct
You may be required to register an account (the “Account”) on the Service. Your use of the Service is governed by and maintained and enforced by Cobalt20 through “User Conduct.” You are entirely responsible for knowing, understanding, and abiding by User Conduct. The User Conduct rules are not exhaustive, and Cobalt20 reserves the right to determine which conduct is considered to be outside the spirit of the content and to take disciplinary measures, including the termination and deletion of user accounts, prohibiting user from using the Service in whole or in part. User Conduct governs all aspects of your interaction with the content, including, without limitation, selecting an in-game name, posting messages, interacting with other users, and otherwise accessing the content. Users are only permitted to have one user account per person. No multiple accounts will be permitted. If a user is found to have multiple accounts, then the primary account and secondary account(s) will be disabled and removed and will be considered as having violated User Conduct subject to the below conditions.
You acknowledge and agree that if Cobalt20 finds, at its sole discretion, that you have violated User Conduct, you may no longer have access to the violating item/items and/or Cobalt20 reserves the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part.
You agree that you will not:
Transmit or post any content or use language deemed to be offensive at Cobalt20’s sole discretion, including, without limitation, content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, nor may you misspell or use an alternative spelling to circumvent or attempt to circumvent the content and language restrictions listed above
Post and/or make available to the public any other user’s personal information in the Games and/or any game-related services without that user’s express written consent, though users may communicate their own personal information
Violate the contractual, personal, intellectual property, or other rights of any party, or promote or constitute illegal activity
Improperly use Cobalt20’s support services, including without limitation submission of false reports of abuse or misconduct by any party
Disable, interfere with, or circumvent any security feature of the software or any feature that restricts or enforces limitations on the use of or access to the software.
Participate in any activities and/or perform any actions that, in Cobalt20’s sole opinion, lead to, result in, or may result in an authorized user of the Games being defrauded of Virtual Currency or Virtual Items that user has earned through authorized gameplay and/or purchased in the Games
Sell Cobalt20’s Games or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for real currency or items and/or services of monetary value
Engage in cheating or any other fraudulent activity deemed by Cobalt20 to be in conflict with the spirit of the content.
Use or take part in the use of any unauthorized third-party software designed to modify or interfere with the Service and/or any Cobalt20’s software.
Share your password or any credentials you may use to access your Account with anyone
Purchase, sell, rent, or give away your Account, or otherwise make available your Account to any third party; create an Account using a false identity or information, or on behalf of someone other than yourself
Use your Account for commercial purposes, including but not limited to advertising, or solicitation, or transmission of any commercial advertisements (junk or spam emails, chain letters, etc.)
Minors
You must be at least 16 years old to access and/or use our content. If you are a minor under the age of 16, we recommend seeking consent from a parent or legal guardian before accessing and/or using our content.
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, Cobalt20 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.
Applicable Law
These Terms of Use and all disputes relating to them shall be governed by and construed in accordance with the laws of the province of Ontario, Canada.
Severability
You and Cobalt20 agree that if any part of these terms is or becomes, in whole or in part, invalid or unenforceable under any applicable local laws or court, it is to be deemed severed from these terms to the extent of its invalidity or unenforceability, and the rest of the terms shall remain in full force and effect.
Supplemental Policies
Additional policies related to specific services (including but not limited to forums, contests, or loyalty programs) can be issued by Cobalt20. Your right to use such services is subject to the pertinent policies and these Terms of Use.
YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT, OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
If you have any questions or comments, please contact us at support@Cobalt20.com. Please also see our Privacy Policy.