WELCOME TO THE AMY'S SWEET SERVICES LLC!
PLEASE READ THESE TERMS OF USE CAREFULLY.
AMY'S SWEET SERVICES LLC creates authentic and memorable experiences for our players to have fun, share, and blossom through games, applications, websites, and online services. To let you enjoy our Services, we crafted rules that apply to everything and everyone: you, other players, and ourselves. You agree to this “Terms of Use” by using the Services and Content defined below.
This Terms of Use is provided by AMY'S SWEET SERVICES LLC(herein, collectively, the “team”, “we”, “our” or “us”).
Now the website is owned and operated by AMY'S SWEET SERVICES LLC
GOVERNING LAW- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the USA/CA/UK/AU laws.
« 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; AMY'S SWEET SERVICES LLC Virtual Currency, and Test Content.
We may need to check the accuracy of these information, including by checking telephone numbers and e-mail address, notably to protect minors, other users and prevent risks of fraud. You agree to send the necessary documents (which may include a copy of your identity card or passport) by any means upon our request.
To ensure your Account safety:
a) Choose a strong alphanumeric password. For security reasons, we may refuse any password that isn’t strong enough to protect your Account.
b) Choose a password that is different from any other password you use; and change it on a regular basis.
c) Never share your Account details (username, password…) with anyone. We will never ask you to reveal your password.
d) Never authorize anyone to access and/or use your Account.
You cannot choose a username or an avatar which (i) is already used by another user or associated with another Account or (ii) “AMY'S SWEET SERVICES LLC” or the AMY'S SWEET SERVICES LLC logo. We reserve the right, at our sole discretion, to refuse any username and/or avatar you have chosen.
AMY'S SWEET SERVICES LLC Virtual Currency has no monetary value and has no value outside of our Services. AMY'S SWEET SERVICES LLC Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Content available on the Services. AMY'S SWEET SERVICES LLC Virtual Currency is non-refundable, and you are not entitled to a refund for any unused AMY'S SWEET SERVICES LLC Virtual Currency, except if required by law. Once you redeem AMY'S SWEET SERVICES LLC Virtual Currency for Content, that Content is not returnable, exchangeable, or refundable.
· do not constitute a personal property right,
· can only be used to purchase Content and Services from us,
· have no value outside of the Services and cannot be exchangeable for cash, and
· are, unless required by law, non-refundable and non-transferable.
We may limit the maximum amount of funds:
· you may have on your Wallet;
· you may add per day/month on such Wallet; and/or
· you may spend using your Wallet.
We may update such limits from time to time, at our discretion.
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 "AMY'S SWEET SERVICES LLC Software"). We grant you a personal, non-transferable, and non-exclusive license enabling you to use AMY'S SWEET SERVICES LLC Software solely for the purposes of use of the Services, throughout the world and for the legal period of protection of the AMY'S SWEET SERVICES LLC Software under Intellectual Property Rights. We may specify terms of use for this AMY'S SWEET SERVICES LLC Software at the time at which it is made available to you. The performances of the AMY'S SWEET SERVICES LLC Software and Services may vary depending on your equipment. We may from time to time supply you with updates or modifications of the AMY'S SWEET SERVICES LLC 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.
1. Create an Account with false registration information (email address, birth date, etc.).
2. Create, use inappropriate username or avatar. This includes for example the use of names, images:
· containing profanity, sexual references or hate speech language, condoning terrorism, fascism, child abuse; or
· that are in any way religious, political or prone to creating controversy or division.
3. Impersonate any user or our representatives. This includes for example :
· create an Account with close similarity to another existing Account or user, with perceived intentions to impersonate such other user without his/her consent;
· make comments or create an Account causing other users to believe they come from Our representative or from someone having similar authority.
4. Abuse, harass, bully users and/or our representatives (i.e. our employees, members of our community (moderators, star players, etc.)) via any forms of communications, (including for example, via tools to create Content, via Forums, in-game chat or over voice chat and communication), on any medium in the Services and/or on any third-party sites.
This includes for example:
· Trolling (posting intentionally controversial or off-topic posts with the intention of provoking others),
· Flaming (constantly insulting others),
· Spamming (posting nonsensical or off-topic posts or the same or similar messages over and over again),
· Using language or content deemed inappropriate, illegal, dangerous, threatening, abusive, offensive, obscene, sexually explicit, vulgar, defamatory, privacy-invasive, hateful, racist, sexist, homophobic, transphobic, ethically offensive or constituting harassment.
5. Minors endangerment, and all inappropriate actions toward a minor, including :
· grooming (encouraging users to commit inappropriate or illegal acts in and/or outside a Service);
· any comment, private message, UGC relating to inappropriate behavior toward minors, including for example physical or sexual abuse, pornography or any other disrespectful content;
· any other actions or comments listed in these Rules of Conduct that are directed to, or are about, minors.
6. Use any means not expressly permitted by us to collect or intercept data of other users within the framework of the Services. This includes for example:
· phishing (attempting to obtain users’ personal information, information concerning an Account or other information of a private nature from any user);
· doxing (revealing or otherwise reproducing or supplying to anyone another user’s personal information);
· online sniffing (theft or interception of data by capturing network traffic).
7. Use any element infringing our or anyone’s Intellectual Property Rights or other rights.
8. Leak of information, i.e. create, use, share and/or publish by any means, in and/or outside the Services, any content which would breach a duty of confidentiality, infringe an individual’s right to privacy or incite the committing of an unlawful act (e.g. piracy, cracking or circulation of counterfeit software).
9. Sell, rent, market, arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate, repost, transfer, index, copy, extract and/or automate any information, software, product or other element of the Content and/or Services by any means without our express prior permission.
10. Modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other users, or the functioning of the partner networks of the Services, or attempt to do any of the above.
This includes for example performing Distributed denial-of-service (DDoS) attacks.
11. Transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data, and/or organise, participate in or be involved in any way in an attack on our servers and/or Services and/or those of our service providers and/or partners.
12. Use or circulation of “auto” or “macro” computer programs including, without limitation, any use and/or circulation of any cheat, hack, bot, script, trainers programs or software applications.
13. Use or circulation of the Services via a mirror site.
14. Any other kind of tampering that gives a user (and/or teammate(s)) an unfair advantage (e.g. wallhacks, aimhacks) or causes detriment to other users’ experience.
15. Exploit another broadcaster's live broadcast in order to gain an unfair advantage or harass a broadcaster in-game, such as stream sniping.
16. Any conduct which interrupts the general flow of gameplay in the game itself, any Forum or any Service, including, but not limited to:
- spamming,
- “away from keyboard” (AFK),
- farming,
- advertising or soliciting other products,
- in-game harassment and bad sportsmanship, including but not limited to team killing, rage quitting, blocking players’ interactions and/or any other in-game behaviour meant to disrupt or interrupt the general flow of gameplay.
17. Exploitation of any glitches or bugs which provide an unfair advantage over other users or which threaten the general balance or the economy of the Service.
18. Benefit from the help of other users or offer help to other users to obtain an unfair advantage. This includes for example:
· teaming-up with cheating users;
· teaming-up with experienced users to increase your user level/statistics in areas of a game normally reserved to newcomers;
· creating an alternative Account in order to team-up with newcomers or less experienced users in order to unfairly help them increase their level/statistics.
19. Purchase and/or otherwise exploit and/or promote unauthorized third-party benefits, such as “Match Making Ratio boosting services”.
20. Access or aim to access parts of the Services not authorised by us;
21. Create, supply, use alternative methods of using Services, e.g. via server emulators;
22. Repost any previously moderated content on the Forums or other Services.
23. Voice Communication Blocking, purposely using sound to disrupt voice chat for others.
24. Bypassing regional restrictions of a Service with the help of proxy, VPN or other tools.
25. Making inappropriate use of the “help” service or the claim/report buttons or send untruthful reports to members of our personnel, including customer support.
26. Fraud, reversal of credit card charges or "chargeback" resulting in debt. A chargeback can include credit card theft, identity theft, or non-approved use by family or friends.
27. Scam, try to fraud or mislead others to gain goods or money.
28. Buy, sell, rent out, share, lend, trade or in any other way transfer your Account and/or the means of accessing it and/or in any way allow an outside party to benefit from it, either within the Services or on a third party website.
29. Refuse to obey the instructions of our representative.
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:
1. Issuance of a warning,
2. Disability of any username, avatar or password,
3. Reset of your in-game progress to a previous state,
4. Decrease of your Account level or of your level/points associated to a given Service,
5. Remove your Access from particular features (including chats) on one or several Services,
6. Issuance of a temporary ban of your Account from one or several Services,
7. Issuance of a long-term ban of your Account from one or several Services,
8. Prevention from accessing a specific or several Services on a particular device, and/or
9. 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 behaviours 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.
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.
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.
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.
Your 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 intiative and ours.
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, behaviour, 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.
· 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 AMY'S SWEET SERVICES LLC Virtual Currency) will be credited to you or converted into cash or any other form of reimbursement.
"Intellectual Property Rights" are patents, rights to inventions, copyright and related rights, trademarks, trade names, neighbouring 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.
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.
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.
a) You expressly acknowledge that use of the Services and games is at your own risk.
b) Nothing in these Terms restricts, excludes or modifies, or purports to restrict, exclude or modify and statutory consumer rights under any applicable law including the Australian Competition and Consumer Act 2010 (Cth). To the extent permitted by law, the Services are supplied "as is", without any conditions, warranties or other terms as to:
· 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) In particular, We do not exhaustively check Content, in particular UGC, or the words that you or other users publish via the Services, including without limitation on the Forums, or your actions within the framework of the Services.
d) To the extent permitted by law, and subject to the terms of this Article, 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 the use of the Services or any related third party service. This includes:
o all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise;
o direct loss;
o accidental loss,
o incidental loss;
o consequential loss; and
o indirect loss.
· Nothing above prevents claims for damage to your tangible property.
e) Our goods come with guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
f) Subject to applicable laws and the terms of this Article, your sole remedy in the event of a dispute with Us or our licensors is to:
· cease to use the Services and terminate your Account; and
· if applicable, seek damages for your losses.
g) 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.
h) 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.
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 behaviour 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 authorised 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 case to fully collaborate with us upon request in defense of our interests.
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.