Terms of Service
Terms and Binding Effect
These Terms constitute a binding agreement between you and Tornado Bear Limited (“Tornado Bear” or “we”, “us”). You acknowledge and agree that by accessing or using the Services, you have read, understood, and agree to be bound by these Terms. These Terms may be updated from time to time, and your continued use of the Services following any changes to the Terms constitutes your acceptance of such changes.
Privacy
Please refer to our Privacy Policy for information about how we collect, use, and disclose information about our users.
Age of Users
The Services are intended for individuals who are 13 years of age or older. By accessing or using the Services, you represent and warrant that you are at least 13 years of age. If you are under 13 years of age, you may not access or use the Services.
Description of Sites and Services
Tornado Bear provides mobile games, applications, websites, and other services related to the gaming industry.
Your Obligations
- You agree to comply with these Terms and all applicable laws and regulations when using the Services.
- You are responsible for providing accurate and complete information when registering for an account, and for keeping your account information up-to-date.
- You are responsible for maintaining the security of your account and for all activities that occur under your account.
Payment Obligations
Certain Services may require payment. By providing payment information, you represent and warrant that you are authorized to use the payment method you provide and that you will pay all fees and charges incurred in connection with your account.
Prohibited Uses
You agree not to use the Services for any unlawful or prohibited purpose. Prohibited uses include, but are not limited to, the following:
- Using the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services;
- Using the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Using the Services to transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Using the Services to transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
- Using the Services to upload, post, email, transmit, or otherwise make available any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; and
- Using the Services to engage in any activity that violates these Terms or any applicable laws or regulations.
Use of Software
When accessing the or using the Service, you agree to obey the local law, general principles of law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, the “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, Tornado Bear grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the service for your own non-commercial entertainment purposes. You agree not to use the service for any other purpose as Services are provided to you for your personal and non-commercial use only.
The following restrictions apply to the use of the service:
- You shall not (or attempt to) purchase, sell, rent or give away your account and you shall use your account only for non-commercial purposes, you shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall not use the Service if you have previously been removed by Tornado Bear, or previously been banned from playing any Tornado Bear game.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that Tornado Bear deems to be in conflict with the spirit or intent of the Service or make improper use of Tornado Bear support services.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the service, any Tornado Bear game or any Tornado Bear game experience.
- Modify or cause to be modified any files that are a part of the service or any Tornado Bear game and mobile application without Tornado Bear express written consent.
Tornado Bear reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Tornado Bear reserves the right to take action as a result, which may include terminating your account and prohibiting you from using the Service in whole or in part.
WITHOUT LIMITING ANY OTHER REMEDIES, Tornado Bear MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. WITHOUT LIMITING OUR OTHER REMEDIES, Tornado Bear MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR MOBILE APPLICATION, GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Copyright Infringement
Tornado Bear respects the intellectual property rights of others, and expects its users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please notify us in accordance with our Copyright Policy.
Alleged Violations
Tornado Bear reserves the right to investigate and take appropriate legal action against anyone who, in Tornado Bear’s sole discretion, violates these Terms or engages in any prohibited conduct. Such action may include, without limitation, terminating your access to the Services and/or reporting you to law enforcement authorities.
No Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TORNADO BEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL TORNADO BEAR OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF TORNADO BEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Disclaimer and Acknowledgement Regarding Game Data
YOU ACKNOWLEDGE THAT THE GAME DATA PROVIDED BY TORNADO BEAR IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES. TORNADO BEAR DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY GAME DATA ON THE SERVICES. YOU AGREE TO INDEPENDENTLY EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY GAME DATA OBTAINED THROUGH THE SERVICES.
Indemnification
You agree to indemnify, defend, and hold harmless Tornado Bear and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or your use of the Services.
Forums and Communications
The Services may provide forums, message boards, chat rooms, and other means for users to communicate with each other. Tornado Bear does not endorse, guarantee, or assume any responsibility for the content of any user communications or for any actions resulting from your participation in any such communications.
Website Code
You acknowledge and agree that the Services may contain certain code, including without limitation, HTML, CSS, and JavaScript, that may be protected by copyright, trademark, or other proprietary rights. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such code without Tornado Bear’s prior written consent.
Trademark
The Tornado Bear name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Tornado Bear or its affiliates or licensors. You may not use such marks without the prior written permission of Tornado Bear. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Disputes and Governing Law
These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Tornado Bear is headquartered, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the jurisdiction in which Tornado Bear is headquartered.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Modifications
Tornado Bear reserves the right, at its sole discretion, to modify these Terms at any time without prior notice. You should periodically review these Terms to stay informed of any changes. Your continued use of the Services after any such modification constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Services.