Effective Date: November 17, 2023
Please also take consider and review Calm Play LLC’s Privacy Policy that also effects on same date of these Terms of Service.
You should carefully read the following Terms of Service Agreement (“Agreement” or “Terms of Service”) before using any website (“Site”) and mobile games/applications and services (collectively the “Services”) of Calm Play LLC (“Company” or “Calm Play”).
This is a legally binding Agreement. By using the Site or any Services of Calm Play, you hereby agree to abide by these Terms of Service, as they may be amended by Company from time to time in its sole discretion and without any notification to you. Company will declare the updated Terms of Service on the Site any time these Terms of Service have been changed or amended. It is your responsibility to review and follow these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. This Agreement constitutes the entire and only agreement between us and you relating to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site.
If you breach these Terms of Service we may take action against you, including but not limited to terminating your account in Services.
To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we process and how we use it and what choices you have when you use our Services.
A person between the age of 13 and 18, requires consent of their parents or legal guardians ("Parents") for using Services of the Company. Parents can provide and verify their consent through the Site or through another authorized third-party provider made available through the Services. Where Parental consent is required, Calm Play hereby recommends that Parents monitor the child’s online activity and use of the Services. A Parent who wishes to recall their previously-provided consent to a child’s access to and use of the Services should disconnect from our Services.
To the extent permitted under applicable law, Calm Play rejects and declines any responsibility regarding any activities conducted by a person under 13 years old with or without the permission of a parent. If you are a parent and you give your consent or permission for your child to register for the Services, you thereby agree to the terms relating to use of the Services by your child.
The Company operates online mobile gaming services, websites and mobile applications that accompany such gaming services.
By registering or using the Sites and Services in any way, you agree to the following:
We may directly terminate or suspend your access to the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms of Service; (b) we suspect fraud, cheating, or misuse by you; or (c) we suspect any other unlawful activity associated to your behavior under mobile application. With that being said, in the event of any unlawful activity, particularly actions that constitute a criminal offense, being identified by or reported to Calm Play, the relevant situation will be reported to the competent authorities. Consequently, any actions taken by the competent authorities based on such reports, you accept and undertake that you have no right to make any claims, demands, or complaints against Calm Play.
You may purchase with “real world” money a limited, non-transferable, non-sub-licensable, revocable virtual currencies, including but not limited to virtual cash, in-game coins and all other kinds of in-game monies, all for use in the games; (a) virtual in-game items (virtual currency and virtual in-game items referred to collectively as “Virtual Items”); and (b) other goods or services within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from authorized partners of Calm Play, not in any other way.
All rights, title and interest in and to the Services (including without limitation any games, applications, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts and server software) are owned by or licensed to Calm Play, subject to copyright and other intellectual property rights under applicable laws and international conventions. You understand that Calm Play has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. Calm Play shall have no liability to you or any third party in the event that Calm Play exercises any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.
Except when explicitly authorized by Calm Play, (i) transfers of Virtual Items to other users are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) Calm Play does not recognize any such purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your account. All Virtual Items are forfeited if your account is terminated or suspended for any reason, or if Calm Play discontinues providing the Services.
You agree that you will not assert or bring any claim against Calm Play, its affiliates, directors, officers, employees, agents, service providers or licensors relating to (i) a claim that you own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination or expiration of these terms.
Company either owns or has an exclusive license to all of the content in the mobile applications of Calm Play. Therefore no one other than Company has any right whatsoever to sell any game and mobile application of Calm Play content in any manner. In addition, you may not sell in-game items for real money or exchange virtual currency items outside of any game and mobile application of Calm Play.
YOU ACKNOWLEDGE THAT YOU HAVE NO PROPERTY RIGHTS WHATSOEVER IN VIRTUAL CURRENCY ITEMS. You further acknowledge that you may not use Calm Play virtual currency for any purpose outside the games and mobile application of Calm Play.
All sales through the Services are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including but not limited to any unauthorized charges. Calm Play does not issue any refunds or offer any exchanges of any products purchased on or through the Services.
IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Calm Play may, at any time, amend the pricing, availability, specifications, content, descriptions or features of the game and mobile application or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes will be effective immediately upon posting of such new product prices to the Services.
Company imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation,
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any packet header or any part of the header information in any e-mail or in any posting using the Services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Additionally, only Calm Play Teknoloji Anonim Şirketi or its licensees have the right to host the games and mobile application of Calm Play. Accordingly, you may not host, provide matchmaking services for, or intercept, emulate, or redirect the communication protocols used by Calm Play as part of any game or mobile application of Calm Play, regardless of the method used to do so. Such prohibited methods may include, but are not limited to protocol emulation, reverse engineering, modifying the games of Calm Play, adding components to the games of Calm Play, or using a utility program to host the games of Calm Play. Also, the use of any "user interface" for Company games other than the user interface that is Company provides for any particular Company game is prohibited by the Company.
Furthermore, you agree that you will not (1) modify or cause to be modified any files that are a part of any particular game of Calm Play; (2) create or use cheats, “mods”, and/or hacks, or any other third-party software designed to modify the experience of games of Calm Play; (3) use any third-party software that intercepts, “mines”, or otherwise collects information from or through any particular game of Calm Play.
When accessing the Site or using the Services, you agree to obey the local law, general principles of law and to respect the intellectual property rights of others. Your use of the Services 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, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you. Additionally, in the event that you become aware of or reasonably suspect any infringement of the copyrights or trademarks or Company or any third parties, occurring on any Company Site, you will immediately notify Company to report such infringement. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libellous, defamatory, obscene, pornographic, abusive, or threatening; or (b) violates any applicable local, state, national, or foreign law or regulation under chat sessions. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Calm Play policies, Calm Play 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 Services:
Any use of the Services 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:
Calm Play 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 Services itself. Calm Play reserves the right to take action as a result, which may include terminating your account and prohibiting you from using the Services in whole or in part.
WITHOUT LIMITING ANY OTHER REMEDIES, Calm Play MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR Calm Play SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES 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 SERVICES 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.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Services user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (c) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted. For this notification to be effective, you must provide it to Company’s designated agent at:
Calm Play LLC
Address: Calm Play LLC 3116 Weddington Rd Ste 900 PMB 2017 Matthews, North Carolina 28105-9407 United States
support@calmplayllc.com
Company reserves the right to terminate your use of the Services, mobile application and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Services, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Services in accordance with the terms and provisions of Privacy Policy of Calm Play. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Service, furnished Company with false or misleading information, or interfered with use of the Site or the Services by others.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICES AND INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Calm Play SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Calm Play HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, Calm Play SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU PAID TO US FOR THE PURCHASES MADE OVER THE GAMES OF Calm Play.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Calm Play.
You agree to indemnify, defend and hold Calm Play (and our 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 infringement of rights is not attributable to your intentional or negligent behaviour.
You hereby acknowledge that by using the Site or the Services that you do not acquire
any property rights whatsoever in the Site, Services, Game Data (as defined below), or any status within the
Site and Services. To play games created by the Company requires the creation and retention of electronic
files, including without limitation player characters, accounts, in-game virtual currency, statistics, user
profiles, etc. ("Game Data"), which are stored by Company. While keeping Game Data safe is a
priority of Company, note that Company shall not have any liability for the loss of any Game Data for any
reason whatsoever.
Specifically, regarding all Calm Play virtual in-game currencies, YOU HEREBY
ACKNOWLEDGE THAT BY PURCHASING OR OTHERWISE OBTAINING IN-GAME CURRENCIES YOU DO NOT ACQUIRE ANY PROPERTY
RIGHTS WHATSOEVER IN THE IN-GAME CURRENCIES. Calm Play IN-GAME CURRENCIES ARE GAME DATA THAT ARE INTEGRAL TO
Calm Play PROVIDING ENTERTAINMENT SERVICES TO ITS USERS.
You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including but not limited to all attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
"Forum" means a one to one chat area, message board, instant messaging, mobile messaging with other mobile game and mobile application users or e-mail function (including, but not limited to, electronic greeting cards) offered as part of any Services. If you participate in any Forum within the Services, you agree to follow our terms set forth below.
You acknowledge that anything you submit under the Services by way of any Forum is routed through Company’s servers. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We are not able to guarantee the security of any information you disclose online; you make such disclosures at your own risk.
You acknowledge that engaging in any form of illegal or abusive communication, either directly or indirectly, within the Forum or within any communication tools in the Services, is strictly prohibited. This includes sharing links that lead to unlawful or abusive content. If any illegal content is shared, and a complaint is lodged with the Company, or if the Company detects such behavior, the relevant content will be promptly removed, and the necessary reporting procedures to the appropriate authorities will be initiated. It is important to note that in this context, the Company reserves the right to (i) monitor the Forum and any communication tools in the Services; (ii) report any suspected illegal activities to law enforcement or relevant authorities; and (iii) ban or deactivate any user believed to be using the Services in violation of these terms.
You acknowledge that Calm Play shall not be held responsible for any unlawful chats, messaging, and similar communication content in the Forum and any communication tools within the scope of the Services, and primary responsibility for the communications conducted on the Forum and any communication tools in the Services solely belongs to you.
If you become aware of any unlawful content during the use of the Forum or any communication tool in the Services, you can report this matter by opening a help ticket directly in-game via the help section or contact Calm Play at support@calmplayllc.com.
All website code and shockwave files associated with the Site or Services belong to Calm Play.
Unlawful use of Company trademarks is strictly prohibited. Such trademarks shall include, but are not limited to: “Calm Play” and “royal match”.
If a dispute arises between you and Calm Play, Calm Play strongly encourages you to first contact Calm Play directly to seek a resolution by opening a help ticket directly in-game via the help section or contact Calm Play at support@calmplayllc.com. You agree that all disputes between you and Calm Play shall be governed by the laws of the United States by a Center Courts of Matthews, North Carolina without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such court.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Service; (b) modify the Site and/or the Services; and (c) discontinue the Site and/or Services at any time. Company shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions.
Calm Play shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Calm Play, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Calm Play’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labor or materials.
BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.