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Terms of Service

Introduction

Please read these Terms of Service and our Privacy Policy (LINK) carefully before using JesterDay’s Services.

Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and JesterDay. If you do not agree to all the terms and conditions, you must not use our Services.

1. Definitions

  • Account — Any account provided by JesterDay that you create to access certain Services.
  • IP right — Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, content, item, or combinations thereof.
  • Privacy Policy — JesterDay policy regarding privacy. The current version is found at https://jesterday.studio/privacy/
  • Service or Services — Any game, website, application, and other related services by JesterDay and its affiliates.
  • Terms of Service or Terms — These terms of service.

2. Ownership and Limited License – Services Licensed Not Sold

  • Ownership. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a JesterDay game client, and JesterDay game clients and server software) are owned or licensed by JesterDay. JesterDay reserves all rights, including without limitation, all IP Rights or other proprietary rights, in connection with its games and the Service.
  • License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant JesterDay policies, JesterDay grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
  • License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law.
  • You acknowledge you will not directly or indirectly:
    • Partake in any activity or action that JesterDay deems to be against the spirit or intent of the Services.
    • Copy, distribute or reproduce any Service or related content.
    • Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or JesterDay itself.
    • Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person’s use or enjoyment of the Service.
    • Make available through the Service 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 JesterDay employee.
    • Attempt to gain unauthorized access to the Service or Accounts not belonging to you.

3. Your Account

  • No matter what else is said in these Terms or anywhere else within the Services, you have no right or title to the Account you create on our Service and your Account is not your property. Your Account is owned by JesterDay and is licensed to you under the same rules as Section 2.
  • Further, we may delete Accounts that are deemed inactive. “Inactive” will be defined by JesterDay based on average usage of the Services from other users. If you would like us to delete your Account, please alert us here: privacy@jesterday.studio.

4. User Content

  • JesterDay assumes no responsibility for the conduct of any user submitting any content created by users (“User Content”), and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk.
  • When you transmit or upload User Content, you agree to abide by the following rules:
    • All content will be accurate.
    • All content will be free of any infringing material.
    • All content will not be in violation of any law, contractual restrictions, or other parties’ rights.
    • All content will be free of viruses, adware, spyware, worms, or other malicious code.
  • You hereby grant JesterDay a revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to JesterDay the right to authorize others to exercise any of the rights granted to JesterDay under these Terms of Service. You further hereby grant to JesterDay the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. JesterDay does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can revoke this license only by sending notification to: info@jesterday.studio.

5. Fees and Payment Terms

  • Purchases made within the Services on other platforms such as Apple iOS or Android will be subject to those platforms’ payment terms and conditions. JesterDay does not control how you can pay on those platforms. Please review those platforms’ terms of service for additional information.

6. Duration

  • Unless modified or amended by JesterDay, this agreement and its provisions shall remain in effect. Termination of any license granted by JesterDay under this agreement does not affect any other provisions of this agreement.

7. Account Access and Permissible Assignment

  • Generally, we direct our Services to a general audience and we do not knowingly collect personal information from children under 13 years old (or older, if applicable law provides for different protections). We may direct certain Services to an audience of all ages—including children. For these Services, we may restrict the collection of personal information on the Services from anyone, apply an age gate allowing children to use the Services while restricting the collection of personal information on the Services from children, or get a parent’s permission to collect personal information from children. If we become aware that a child has provided personal information without a parent’s permission, we will promptly delete this information. We encourage parents to instruct their children to never give out their real names, addresses, or phone numbers, without permission, when using the Internet.
  • Each Account may only be used by one person. If a minor has been allowed access to an Account, only that minor may use the Account thereafter. You may not make any assignment or transfer of rights, obligations, or liabilities related to this agreement and any attempt by you to do so is null and void.
  • If you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age for whom you are legally permitted to allow access to the Services, you can choose to allow access to the Services by that minor instead of yourself subject to the following provisions:
    • You acknowledge, and further agree they are entering into an agreement with your consent;
    • You acknowledge, and further agree you are responsible for all the provisions in these Terms;
    • You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
    • In consideration for JesterDay allowing access to the Services by a minor, and in addition to the provisions of Section 9 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless JesterDay with respect thereto.

8. Service and Availability

  • You acknowledge that JesterDay may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades, or patches related to any part of the Service.
  • You acknowledge that access to the Service may be interrupted for reasons within or beyond the control of JesterDay, and that JesterDay cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
  • JesterDay strives to maintain high uptime for our services. However, service availability may be affected by factors beyond our control, including backend provider performance. While we work diligently to ensure our services are available, we cannot guarantee uptime and are not responsible for service interruptions.

9. General Provisions

  • In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
  • You agree that your Account is non-transferable and any rights to your Account or contents within your Account terminate upon your death.
  • No waiver of any breach of these Terms will be deemed a further or continuing waiver of such term or any other term.
  • JesterDay’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

10. Limitation of Liability

  • To the maximum extent permitted by law, JesterDay is not liable for any damages or losses arising from your use of the Service or any third-party services, including but not limited to indirect, consequential, special, exemplary, or punitive damages or losses, lost profits, or damages resulting from loss of data or business interruption.
  • JesterDay shall not be liable to you for more than the amount you have paid to JesterDay in accordance with these terms in the six (6) months immediately preceding the date on which you first assert any such claim.
  • You acknowledge and agree that if you have not paid anything to JesterDay during such time period, your sole remedy (and JesterDay’s exclusive liability) for any dispute with JesterDay is to stop using the Service.

11. Dispute Resolution and Law

  • If a dispute arises between you and JesterDay, we strongly encourage you to first contact us directly. These Terms of Service and any dispute arising out of or related to them, the Privacy Policy, or the Service shall be governed by the laws of Spain. All claims shall be resolved by binding arbitration in Spain.

12. User Indemnification

  • You agree to indemnify, defend, and hold JesterDay harmless from any claims, demands, damages, or other losses arising from your use of the service or breach of these Terms of Service, to the extent such actions are intentional or negligent. This indemnification does not apply to claims arising from JesterDay’s own negligence or misconduct.

13. Monitoring Ads Content

  • JesterDay actively monitors advertisements displayed within our services to ensure they meet our standards. We also rely on our users to help us maintain a safe environment. If you encounter any inappropriate ads, please contact us at info@jesterday.studio. We will promptly address any reported issues.

14. Miscellaneous

  • JesterDay may update these Terms of Service at any time. When we do, we will revise the “last updated” date at the bottom of this page.
  • You are responsible for regularly reviewing these Terms. Continued use of the Services after any such changes shall constitute your consent to such changes.

LAST UPDATE: 21st June 2024