Terms & Conditions

Acceptance of Terms

By continuing to use the Service, you agree as follows:

• You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
• You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by SC Concepts from time to time; and
• You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.

SC Concepts’ License to You

SC Concepts grants you a single, non-exclusive, non-transferable, and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).

Apple Users: For users who accessed the Service through the Apple App Store, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, the above license is limited to usage on any Apple-branded products that you own or control, and only as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions located at https://www.apple.com/legal/internet-services/itunes/us/terms.html. However, the Service may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

Messages from SC Concepts

You understand that you may receive business-related communications from SC Concepts through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.

Marketing-related email messages will be accompanied by instructions for opting out.

Third-Party Platforms

Even though you may have purchased or licensed the Service through a third-party platform, such as the Apple App Store, the Google Play Store, and others (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service. Each Third-Party Platform may have their own separate terms that you must agree to in order to access and use the Service.

Your Account

• Account Creation. You need to register for an account or connect a third-party account in order to use the Service (your “Account”). You must be at least the age of 13 to register for an Account and use the Service. If you are 13 or older, but below the age of majority in the jurisdiction in which you reside, you agree to have your parent or guardian review and accept this Agreement and create an Account on your behalf. If you are a parent or guardian agreeing to this Agreement for the benefit of a child, then you agree to and accept full responsibility for that child’s use of their Account and the Services.
• You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify SC Concepts immediately of any breach of security or unauthorized use of your Account.
• You acknowledge and agree that you may only create one Account – users who are found to have created multiple Accounts may have their Accounts suspended or terminated, at SC Concepts’ sole discretion.
• Accurate Information. When creating your Account, you promise to provide accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
• Suspension of Accounts. SC Concepts may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
• Your Username. SC Concepts may force you to change any of your usernames if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) SC Concepts deems it unacceptable by community standards, at SC Concepts’ sole discretion. Users additionally agree that their usernames:
  • will not be vulgar or insulting;
  • will not have sexual or pornographic connotations;
  • will not resemble or imitate a registered trademark or other term protected by intellectual property laws;
  • will not to promote a commercial service; and
  • will not to be spelled or spelled alternatively for the purpose of circumventing the rules imposed above.
• Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by SC Concepts as it sees fit. SC Concepts will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
• No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. SC Concepts owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.

Virtual Items

Virtual goods, downloadable content, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to SC Concepts to purchase at the prices and on the terms set forth on the Service.

You agree that you have no right or title in or to any Virtual Items. SC Concepts does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-world value and are licensed, not owned.

Unless required by law or otherwise specified on the Service or by the Third-Party Platform you access the Service through, all sales of Virtual Items are final when the transaction has been processed and no refunds will be given.

Support Services

SC Concepts may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). SC Concepts is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of SC Concepts under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and SC Concepts will be and remain the sole property of SC Concepts and will be subject to the terms and conditions of this Agreement.

SC Concepts customer support may be reached by contacting us at info@cheerbotw.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to SC Concepts in connection with Support Services.

Modification, Termination, and Monitoring of the Service

SC Concepts reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that SC Concepts will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

SC Concepts reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, or terminate any Account, for any reason, at any time.

Security of Data Transmission and Storage

Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and SC Concepts or between you and other parties.

SC Concepts and its affiliates and agents are permitted, but not obligated, to review or retain your communications.

Hyperlinks

The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). SC Concepts does not control the Linked Services, and SC Concepts and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that SC Concepts has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and SC Concepts cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold SC Concepts or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.

Trademarks and Copyrights

The Service is owned by SC Concepts and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to SC Concepts or are used under license from a third party. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of SC Concepts or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.

Intellectual property displayed through the Service is either the property of, or used with permission by, SC Concepts. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.

Apple Users: In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, SC Concepts, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Disclaimer of Warranties

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

Apple Users: In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you. Additionally, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be SC Concepts’ sole responsibility.

Indemnification

You agree to indemnify and hold SC Concepts and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances will SC Concepts or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service, including any liability based on SC Concepts’ negligent acts.

Your Personal Information

Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. You agree that your use of the Service is subject to the Privacy Policy.

Disclosures Required by Law

SC Concepts reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. SC Concepts reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SC Concepts to disclose the identity of any user believed to be in violation of this Agreement.

By accepting this Agreement, you waive all rights and agree to hold SC Concepts harmless from any claims resulting from any action taken by SC Concepts during or because of its investigations or from any actions taken as a consequence of investigations by either SC Concepts or law enforcement authorities.

Legal Compliance

By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Beneficiary

You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary.

Governing Law; Mediation; Jurisdiction

The Agreement, and all future agreements you enter into with SC Concepts, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Delaware. This is the case regardless of whether you reside or transact business with SC Concepts, or any of its affiliates or agents, in the State of Delaware or elsewhere. Unless a dispute would be governed by the terms of Section 20 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Wilmington, Delaware, USA.

For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with SC Concepts by sending a message via email to info@cheerbotw.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. If out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

Binding Arbitration

Miscellaneous Terms

• Agreement Revisions. This Agreement may only be revised in writing by SC Concepts, or by SC Concepts’ publication of a new version on the Service.
• Force Majeure. SC Concepts is not liable for any delay or failure to perform resulting from causes outside the reasonable control of SC Concepts, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond SC Concepts’ 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, energy, labor, or materials.
• No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SC Concepts because of this Agreement or your use of the Service.
• Assignment. SC Concepts may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without SC Concepts’ prior written consent, and any unauthorized assignment by you will be null and void.
• Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
• Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
• No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
• Equitable Remedies. You hereby agree that SC Concepts would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
• Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and SC Concepts with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and SC Concepts with respect to the Service.