TERMS OF USE
These Terms and Conditions ("Agreement") are a legally binding agreement between the User (“You”) of the Where’s Tess Game described herein and STRATE FZ-LLC, a company incorporated under the laws of United Arab Emirates ("STRATE FZ-LLC" or "STRATE").
This Agreement describes and regulates the relationship between you and STRATE regarding your use of Where’s Tess game, mobile application, game portals, game forums, gaming chats, the website or other websites of the Company, digital content and related services (hereinafter collectively referred to as "Services")
Please make sure that you fully understand the contents of this Agreement. If you have any doubts about any of your rights and obligations resulting from your acceptance of this Agreement, please consult us or obtain legal support.
BY CREATING AN ACCOUNT, INSTALLING, USING, OTHERWISE ACCESSING THE SERVICE USER ACKNOWLEDGES HAVING READ, UNDERSTOOD, AGREED WITH ALL THESE TERMS AND CONDITIONS AND AGREES TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
If you are under 17 years old, you confirm that your parent or legal guardian has read and agreed to these Terms of Use. If you access the Service through a Social Networking Site ("SNS"), such as Facebook or Google+, you agree to comply with its user agreement, as well as these Terms of Use. STRATE reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use, its Privacy Policy and other relevant STRATE policies at any time by posting the amended terms on the STRATE Game. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree with any portion of the then-current version of our Terms of Service, the STRATE Privacy Policy, or any other STRATE policy relating to your use of the Service, your access to use the Service shall be immediately terminated, and you must stop using the Service immediately.
You agree to use the Services for your own non-commercial entertainment purposes and not to use the Service for any other purpose.
ACCOUNT DETAILS
You shall not share the Account or the Login Information with anyone, nor allow anyone other than you to access your Account or perform any other actions that may endanger your Account. In case if you become aware or you reasonably suspect that there has been any breach of security, including, without limitation, any loss, theft or unauthorized disclosure of Login Information, you agree to immediately change the password to log in. You are solely responsible for all uses of the Information, including purchases, regardless of whether they were made with your permission or not. You are responsible for all activities related to your account.
We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part.
SERVIVE LIMITATIONS
Any use of the Service in violation of these Terms of Use is strictly prohibited, can result in the immediate termination of account and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
(1) Disrupt, interfere or otherwise adversely affect the normal operation of the Service, or otherwise act in a manner that could adversely affect the experience of other users when using the Service. This includes prize (won values) trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
(2) Modify or cause any files that are part of the Service or any game of the Company to be modified without the consent of STRATE.
(3) Engage in any act the STRATE deems to be in conflict with the spirit or intent of the Service or make improper use of the Company's support services.
(4) Use cheating (cheats) and participate (directly or indirectly) in their use, exploit the vulnerability of the system, use automated software, bots, software for hacking, modifications and any other unauthorized third-party software intended to interfere with the Service, any game of the Company or any gaming function, but not limited to them.
(5) Institute, assist, or become involved in any type of attack, including, without limitation, distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
(6) Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by STRATE, 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, or software that is part of the Service.
(7) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
(8) Harass, abuse, harm, attempt to or advocate or incite harassment, abuse, or harm of another person, group, including STRATE employees and STRATE customer service representatives.
(9) Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
FEES AND PURCHASE TERMS
You acknowledge that you may access and/or download certain Services for free and, at the same time, you may have additional content or services available for purchase with real currency in certain Services (purchases from the application). In the Service you may purchase "Virtual in-game items", other goods or services.
You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
STRATE may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Outside any cases expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including, but not limited to, STRATE, another user or any third party.
The provision of Virtual Items for use in Game is a service provided by STRATE that commences immediately upon acceptance of your purchase by STRATE.
All Game purchases and redemptions of virtual items made through the service are final and non-refundable.
Please review the STRATE Privacy Policy to learn about our practices regarding the collection, use, disclosure and protection of personal information. If you happen to have any inquiries feel free to write us back to corporate@strate.ae. Please pay attention that we need you to accept our Privacy Policy to keep on using all STRATE products.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. STRATE’S AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING THE GAME AND ITS CONTENTS (THE “STRATE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STRATE PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. STRATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. STRATE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.
STRATE IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.
The Services may enable you to order and receive products, information and services from third-party merchants that are not affiliated with or controlled by STRATE. All matters concerning such products, information and services are solely between you and such merchants. STRATE does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. STRATE will not be a party to and is not responsible for monitoring any transaction between you and such third-party merchants, or for ensuring the confidentiality of your credit card information. Any charges or obligations you incur in your dealings with these third-party merchants are your sole responsibility.
DISPUTE RESOLUTION AND LAW
If a dispute arises between you and STRATE, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support at corporate@strate.ae. You agree that any claim or dispute that you may initiate against the Company is subject to the exclusive jurisdiction laws of the United Arab Emirates, disregarding the Conflict of laws rules.
SEVERABILITY
You and STRATE Publishing agree that if any portion of these Terms of Service or of the STRATE Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, in accordance with such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
MISCELLANEOUS
Languages. This Agreement is in the English language, which prevails over any translations of the Agreement to other languages, made by us and provided to you for your convenience. User Agreement is designed in the English language and its translations into other languages may contain inaccuracies for which we shall not bear any responsibility; we suggest using the English version and resorting to versions in other languages only for references and at your own risk. You also agree to have all communications with us in English.
No Waiver. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.
Other Jurisdictions. We make no representations that Services are appropriate or available for use in all locations. Those who access or use Services from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.
CONTACTS
We are always available to be reached by e-mail at corporate@strate.ae.