Terms of Use

Welcome to Smiley Saints! These Terms of Use ("Terms") govern your use of the Smiley Saints website game ("the Game"), which is provided by DIAM. By accessing or using the Game, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from accessing or using the Game.

Use of the Game

1.1. The Game is provided to you free of charge. You acknowledge that by playing the Game, you do so voluntarily and at your own risk.

1.2. You agree not to use the Game for any illegal or unauthorized purposes. You further agree to comply with all applicable laws and regulations while using the Game.

1.3. DIAM reserves the right to modify, suspend, or terminate the Game or any part thereof, at any time and for any reason, without prior notice.

Privacy

2.1. By entering your email address on the website, whether to send a joke to a friend or to store your high score, you acknowledge and consent to DIAM collecting and use of your email address.

2.2. DIAM may use your email address to send emails about other products or services offered by DIAM.

Intellectual Property

3.1. All intellectual property rights related to the Game, including but not limited to copyrights, trademarks, and logos, are the property of DIAM or its licensors. You agree not to modify, reproduce, distribute, or create derivative works based on the Game without prior written consent from DIAM.

3.2. By using the Game, you grant DIAM a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, display, and perform any user-generated content you submit through the Game for the purpose of operating, improving, and promoting the Game.

Disclaimer of Warranties

4.1. The Game is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. DIAM does not guarantee that the Game will be uninterrupted or error-free.

4.2. DIAM disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

5.1. To the maximum extent permitted by law, DIAM and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the Game or these Terms, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses.

Indemnification

6.1. You agree to indemnify and hold DIAM and its affiliates, directors, officers, employees, agents, and licensors harmless from any claims, liabilities, damages, losses, or expenses, including attorney's fees, arising out of or in connection with your use of the Game or any violation of these Terms.

Miscellaneous

7.1. These Terms constitute the entire agreement between you and DIAM regarding your use of the Game and supersede any prior agreements or understandings.

7.2. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

7.3. These Terms shall be governed by and construed in accordance with the law. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Insert governing jurisdiction].

7.4. Failure by DIAM to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

7.5. DIAM may assign or transfer its rights and obligations under these Terms to a third party without your consent.

7.6. These Terms are not intended to create any partnership, joint venture, employment, or agency relationship between you and DIAM.

7.7. You may not assign or transfer your rights and obligations under these Terms without the prior written consent of DIAM.

7.8. Any headings used in these Terms are for convenience only and shall not affect the interpretation of the provisions contained therein.

By accessing or using the Smiley Saints Game, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms, please refrain from using the Game.