Effective as of May 22nd 2018.

1. About these terms

These terms of service apply between you and North Sky Games Inc ("North Sky") regarding your use of North Sky´s games and related services ("Services"). Use of the Service is also governed by North Sky's Privacy Policy.

Please read these Terms of Service and our Privacy Policy before using North Sky’s Services. These Terms of Service set out the terms and conditions that apply when you use our Services (described below). When you use our Services, you agree to be bound by these terms and conditions. If you don’t agree to all the terms and conditions, you must not use our Services.

2. Right to use the Services

Subject to these Terms of Service, North Sky hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal and non-commercial use. The rights granted to you are subject to your compliance with these terms of service.

Except for above, you do not receive any other license. North Sky retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, recording of gameplay made using the Services and moral rights whether registered or not and all applications thereof. Unless expressly authorized by mandatory legislation, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from North Sky. All rights not expressly granted to you herein are reserved by North Sky.

The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items or currency appearing or originating in the Services, whether earned in the Services or purchased from North Sky or third parties.

3. Accounts

When using our Services, you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.

We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same. You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

4. Virtual goods and purchases

North Sky may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or redeem via gameplay ("Virtual Items"). Virtual Items are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. North Sky may manage, control, modify or eliminate Virtual Items at any time, with or without notice. The transfer of Virtual Items is prohibited except where expressly authorized in the Services, if any.

Virtual Items do not have an equivalent value in real world money and do not act as a substitute for real world money. Neither North Sky nor any other person or entity has any obligation to exchange Virtual Items for anything of value. North Sky has no liability for hacking or loss of your Virtual Items.

If you do not connect your game play on a device to an account that is linked to your social network account, we will not be able to restore any Virtual Money or other data associated with your Game play to a different device if you lose that device or it is damaged. The data associated with Virtual Items, whether purchased by you or otherwise credited or awarded to you, is then stored locally on your device and so is not synced between different devices.

Price and availability of Virtual Items are subject to change without notice. Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started. Subject to mandatory legislation, you agree that North Sky is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these Terms of Service was voluntary or involuntary.,/p>

If you request that your personal data to be erased as specified in North Sky´s Privacy Notice, you will permanently and without a right to a refund lose all your Virtual Items as North Sky can no longer associate such Virtual Items with you.

5. User conduct and content

When using our services, you agree that you will not, under any circumstances:

• Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
• Use the Services in violation of any applicable law or regulation.
• Use the Services for commercial purposes, including without limitation to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get rich quick -schemes.
• Use the Services for fraudulent or abusive purposes including, without limitation using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
• Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
• Attempt to gain unauthorized access to the Services, accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by North Sky, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
• Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including North Sky employees, directors or officers, including North Sky´s customer service representatives.
• Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a North Sky employee, director or officer.
• Unless specifically authorized by applicable law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by North Sky, or to obtain any information from the Services using any method not expressly permitted by North Sky.
• Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
• Harvest, scrape or collect any information about or regarding other people that use the Services, including without limitation through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
• Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
• Engage in any act that North Sky deems to conflict with the spirit or intent of the Services or make improper use of North Sky´s support services.

6. Third Party Services

Services may include links to third party services (including without limitation advertisements served by third parties) and/or the third party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider and to which North Sky is not a party to.

7. Breach of these terms

Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:

• delete, suspend and/or modify your account or parts of your account;
• otherwise suspend and/or terminate your access to our Services;
• modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;
• reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our games.
• You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

8. Availability of the Services

North Sky may limit, suspend or terminate the Services or portions thereof, and take technical and legal steps to prevent users from accessing the Services if North Sky believes that they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these terms of service.

North Sky reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event and unless mandated by applicable law, North Sky is not required to provide refunds for Virtual Items other items in connection with such discontinued Services.

9. Disclamer of Waranties

To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. North Sky does not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. North Sky does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free, or that the Services will interoperate or be compatible with any other services or that any errors in the Services will be corrected. No oral or written advice provided by North Sky or its employees or other representatives create a warranty.

Some jurisdictions do not allow the exclusion of certain warranties as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions of warranty shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these terms of service will prejudice the statutory rights that you may have as a consumer of the Services.

10. Limitations of liability

In no event will North Sky be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these Terms of Service or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not North Sky has been advised of the possibility of such damages. For purposes of this Section “Limitations of liability”, North Sky’s licensors and other partners are third party beneficiaries to the limitations of liability specified herein and they may enforce these terms of service against you.

In no event will North Sky´s total aggregate liability arising out of or in connection with these terms of service, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any) you paid for the license use Virtual Items; or (ii) one hundred dollars (100 USD). The exclusions and limitations of damages are fundamental elements of the basis of the bargain between North Sky and you.

Some jurisdictions do not allow the certain limitations of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these Terms of Service will prejudice the statutory rights that you may have as a consumer of the Services.

You agree to indemnify, defend and hold North Sky (and North Sky´s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms of service, however the foregoing does not apply if the third party claim is not attributable to your intentional or negligent behavior.

11. Assignment

We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect. North Sky´s failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

This Terms of Service and the Privacy Policy set out the entire agreement between you and North Sky regarding the Services and replace all earlier agreements and understandings between you and North Sky.

Any failure by North Sky to exercise or enforce any of its rights under these Terms of Service does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of North Sky.