Terms of Service
This page has been updated for the last time on the 21st of April 2023
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APPLE IS NOT A SPONSOR OR PROVIDER OF GAMES AVAILABLE ON THE SDS PLATFORM, TOURNAMENTS, CONTESTS, SWEEPSTAKES OR PRIZES. THEY ARE EXCLUSIVELY PROVIDED BY SDP GAMES THROUGH THE SDS PLATFORM
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PREAMBLE
These Terms of Use (hereinafter "Terms") are intended to govern (i) the use of games and software applications offered by the company SDP GAMES and companies which are affiliates (parent, subsidiary) (hereinafter designated SDP GAMES) including via social networking platforms to third parties (hereinafter referred to as "platforms"), including (ii) any content, all services and all features available through these games and software applications (hereinafter, collectively, the "Services").
Your access and / or your use of the Services wins (s) and express your acceptance without reservation of the TOS, but also of all other legal documents for the use of services such as, for example, the Privacy Policy.
You are informed that both the TOS that legal documents can be modified at any time by the company SDP GAMES, editor of the Services. In this regard, you acknowledge and agree that your use or just your access to the Services after the changes constitutes your acceptance of the Terms and legal documents as amended.
1. REGISTRATION AND ACCESS
For the purposes of benefit from the features of the Services, you may have to first register and create an account on the platform from which these services are accessible and accept the Terms & Conditions of this platform. Remember that use of the Services as part of the Platform and more generally the use of this platform is subject to the terms and conditions of the latter.
Once registered on the Platform, you install the service on your account. You remain free at all times to remove Application Services from your account.
Use of the Services after your registration is valid for an indefinite period. The company SDP GAMES reserves the right to terminate at any time by email, on reasonable notice. In case of non-compliance with the obligations inherent in following your responsibility, your access to Services may be, immediately and without notice, temporarily or permanently suspended, without prejudice to other rights of company and SDP GAMES no possibility of a claim from you.
2. INTELLECTUAL PROPERTY
Services are the property of the company SDP GAMES.
SDP GAMES SASU holds all intellectual property rights relating to the content accessible from the Services, including text, images, sounds, data, photographs, videos, logos, trademarks, names, tabs, features and any other material or software which is protected by copyright held by it or its third party partners (hereinafter, the "Component Services").
In general, the company SDP GAMES grants you a free, personal, non-exclusive, non-transferable right to access and use of services subject to your acceptance and compliance with TOS. All other rights are expressly excluded without our prior written consent.
Any partial or total reproduction, especially for advertising or commercial purposes, and any adaptation, modification, use, transmission, copying, redistribution and / or operating on any medium and by any means whatsoever, all or part of components of the Services is strictly prohibited without the express prior written by the company SDP GAMES.
In addition, you may not modify, enhance, edit, translate, decompile, disassemble or create one or more work (s) derivative (s) from the Components Services (in whole or in part) unless the opportunity you have been specifically told by the company or SDP GAMES owners (s) component (s) of the Services, as part of a separate agreement. Offending any use of the Services or any of its components will be subject to legal action to protect the rights of company SDP GAMES.
Finally, all your comments, suggestions and, in general, all contributions (hereinafter, the "Contributions") by you through use of the Services remain your property. However, subject to legal provisions, you authorize already SDP GAMES, for the world and exclusive, to use, reproduce, modify, adapt, transfer, use the contributions in all media known or unknown to this day, without restriction and free of charge, for the duration of intellectual property rights protection, if any, such Contributions.
3. YOUR RESPONSABILITY TO USE
Platforms and / or SDP GAMES may give you the opportunity to participate in chat rooms (forums, blogs, ...) or may provide you with features that allow you to create and publish content within the Services.
In this regard, we remind you that are strictly forbidden in connection with the Services and all areas of discussion related to these services and about the illegal content, including racist, revisionist, or inciting pedophiles sex tourism, homophobic, or hate, insulting, derogatory, defamatory, libelous, invasive, pornographic, political propaganda, religious or ideological incentives for those on business or aspiring to take advantage of income or dissemination; attention to those rights authors or inducements to infringe the intellectual property, those attention to secrecy of correspondence or contravenes the rights, reputation or privacy of others, those irrelevant topics topics they are published, and, more generally any content contrary to good morals, may offend the sensibilities, to reflect or encourage uses other than a good father of the Internet and information technology and communication.
Any message or content that violates these provisions will be removed without notice, explanation, or demand directly by the company SDP GAMES if he can or will be notified to the Platform Manager for withdrawal, and any measure of warning or exclusion may be taken in this context.
In addition, you acknowledge to be solely responsible for their content and their legality, stamped company SDP GAMES for any damages which third parties could avail themselves as such.
4. WARRANTIES AND LIMITATIONS OF LIABILITY
You declare that you have the skills, hardware and software required for Internet & Mobile platforms use and understand and assume the characteristics of the Internet & Mobile platforms and its use, particularly the limitations related to technical performance, response times and risk security-related communications. Therefore, the company SDP GAMES does not guarantee that the Services will be free of defects, errors or bugs, or that the Services will operate without failure or interruption. It can determine freely in this respect any period of unavailability of the Services or any or either of their sections, for technical reasons, to improve its content or optimizing their use.
SDP GAMES cannot be held liable for any direct or indirect damages of any nature whatsoever, arising from the use of the platform from which the Services are accessible, especially to the limitations related to technical performance, the time response and risk communications security as well as third-party intrusions occurred fraudulently.
In general, the responsibility of company SDP GAMES cannot be held for any loss or damage of any nature whatsoever, arising from your use of the Services and / or their content.
The Services may contain links and visual advertising, promotional, commercial or sponsorship to websites of retailers or third party service providers. SDP GAMES is not responsible for content of such third party or third party sites, does not warrant the accuracy or validity, nor the quality or integrity, particularly in the context of transactions directly between you own and third dealer or independent service provider.
Finally, the company cannot assume SDP GAMES connection costs, and in general all communication costs incurred by your access to the Services and their use.
5. PERSONAL DATA
Any personal data that could be collected and processed through the use of the Services by the Company SDP GAMES are governed by the Privacy Policy, accessible from the website.
6. RANKING OF PLAYERS
As part of using the Services, it can be kept the number of accumulated points if the player to determine their grade / level in particular to determine a ranking of players. By using the Services, you agree that your particular score, your grade / level, your ID, your name and picture appear in the ranking of players.
To this end, you authorize the company SDP GAMES, exclusively, to use, reproduce, adapt, operate, transfer such information in all formats known and unknown to date and for the world and without damage or compensation and without restrictions.
7. CREATION OF LINKS
As part of its website, website support and / or chat rooms accessible from the platforms and, in general, all areas of official discussion relating to the Services, the company SDP GAMES may authorize the establishment of hyperlinks to the content, provided that:
- Not to resort to techniques for the nesting of pages dedicated to services within the pages of another site (iframe, meta refresh, etc.). But to open the site in a dedicated window whose URL is apparent;
- To use the link text transcript for an explicit formulation, whose words and expressions are subject to material and respect the nature and form;
- To point directly to the Web page hosting the content in question or, failing that, the home page of the website of the company SDP GAMES, the Support Site or, in general, the Services.
Links created in this part shall be solely for personal, associative or non-commercial. Any use for commercial or advertising purposes, and any creation of links from websites containing information that is unlawful, pornographic, abusive, or polemical propaganda, or, more broadly might offend the sensibilities or good mores.
8. AVAILABILITY OF SERVICES
Services are in principle accessible 24/24h, 7/7d, except interruption, planned or not, for the purposes of maintenance or that of the Platform or force majeure. Being made subject to an obligation of the company SDP GAMES cannot be held liable for any damages, whatever their nature, resulting from the unavailability of the Services.
9. SKILLS BASED TOURNAMENTS
As part of its Services, the company SDP GAMES offers online Real Money Skills based tournaments (hereinafter “Tournaments”)
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9.1 TREATMENT ORDER
You acknowledge having read and accepted these Terms before placing the order. Validation of the order implies acceptance of these Terms. Unless proved otherwise, the data recorded by the company SDP GAMES constitutes proof of all transactions.
You should check the completeness and adequacy of information provided to the company SDP GAMES when ordering. SDP GAMES cannot be held responsible for any data entry errors and consequences.
9.2 VIRTUAL CURRENCY
SDP GAMES cannot be held liable for any direct or indirect of any kind related to the use of virtual currencies.
Also, you warrant company SDP GAMES against any claim, action, proceeding initiated against him as such.
In the event of non payment by you virtual products and without prejudice to actions and measures that could be brought against you, the company SDP GAMES reserves the right to suspend temporarily or permanently your access to the Services without the possibility of claim you.
9.3 THIRD PARTIES
Apple, Google, Meta and other third-parties are NOT a provider or sponsor of tournaments, sweepstakes, contests or prizes, all tournaments, sweepstakes, contests and prizes are provided exclusively by SDP Games.
9.4 ELIGIBILITY
Eligible entrants must be: (i) eighteen (18) years of age (unless the applicable age of majority in your state of residence at the time of the entry is different) or older; and (ii) eligible under applicable law to participate in the Tournaments. Notwithstanding, SDP reserves the right to limit specific Tournaments to entrants located in a particular jurisdiction, in which case only users residing in such jurisdiction at the time of entry may be eligible to participate in the Tournaments. ​SDP Games employees (including, without limitation, part-time or temporary employees), officers, and representatives, tournaments agencies and/or sponsors directly involved in the administration, development, fulfillment, and execution of a specific Tournaments, and the immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, and siblings) of any of the above are not eligible to enter and/or to win a Tournament. SDP reserves the right to ask you at any time to provide us or our designated third parties with proof of your age, identity and/or residency in order to participate in any Tournament. You agree, on-demand, to present SDP Games, or any third party on its behalf, with valid documentation that may enable us to verify your age, identity, and/or residency. If you are unable to provide satisfactory documents, we may exclude you from the applicable Tournament and you may forfeit any privileges or awards that have been allocated to you without compensation of any kind. You hereby irrevocably waive any claims or rights in connection with any such exclusion and/or forfeiture.
VOID IN THE EUROPEAN UNION AND OTHER TERRITORIES WHERE PROHIBITED OR RESTRICTED BY LAW.
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SDP Games will refuse or block your access to the SDS platform if: (1) you use proxy servers or any technology, method or software to conceal true location, or (2) we cannot check with accuracy your location using the Geo-Blocking technology implemented in the platform, using the mobile device's GPS, (3) you are located in a restricted or unsupported jurisdiction. These terms may evolve at any time at SDP Games's sole discretion.
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9.5 LIMITATION OF LIABILITY
By entering into a Tournament, you agree to release, indemnify, and hold harmless SDP Games, and its respective parents, subsidiaries, affiliates, distributors, suppliers, and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders, and agents (collectively “Releasees”) from and against any and all claims, expenses, and liability sustained or incurred from participation in any Tournament and the receipt and use of any prize(s) awarded through any Tournament arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise, caused by the Releasees and/or any Tournament.
​By entering into a Tournament, you agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, expenses, and liabilities (including reasonable attorneys/legal fees) arising out of or relating to any other user’s participation in the Tournament.
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You agree that the Releasees are not responsible for any incorrect or inaccurate information, whether caused by the Services, other users, or by any of the equipment or programming associated with or utilized in the Tournament and that the Releasees assume no responsibility for (i) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a user’s participation in a Tournament or receipt or use or misuse of any prize; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on the Services; (iii) any computer, telephone, cable, satellite, network, electronic or internet hardware or software malfunctions or failures, problems with connections or availability; (iv) garbled or jumbled transmissions, service provider/internet/web site/use net accessibility or availability; (v) traffic congestion; (vi) unauthorized human intervention; or (vii) theft or destruction, tampering, or unauthorized access to entries and/or entry information. If, for any reason, a Tournament is not capable of running as planned by reason of infection by computer virus, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond the Releasees control and, in the sole opinion of the Releasees, corrupt or affect the administration, security, fairness, integrity or proper conduct of a Tournament, the Releasees reserve the right, at their sole discretion, to cancel, terminate, modify or suspend such Tournament and select the winner(s) from among all eligible entries received for such Tournament prior to the action taken.
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In no event will the Releasees be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages, other than your actual out-of-pocket expenses arising out of your participation in a Tournament. Without limiting the foregoing, the Services are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
9.6 FEES
You shall pay all fees and payments for Services (“Fees”) charged to your Account. All payment shall be made in U.S. Dollars, prepaid and non-refundable. We may change the price of Services at any time, without affecting your past purchases. You shall be authorized to use the payment method that you provided and any payment information you provide shall be true and accurate. When you provide a payment method, you authorize us to charge you for the Services using such payment method to charge you for any paid feature of the Services that you choose to sign up for.
9.7 BILLING
We may change our billing procedures with or without notice to you. We may bill you (i) in advance; (ii) at the time of purchase; or (iii) shortly after purchase, in our sole discretion. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not inform us within that time period, we will not be liable for any losses resulting from the error and we will not be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 90 days.
9.8 CASH DEPOSITS
You are a “Cash Player” if you play in a competition that requires an entry fee paid (“Cash Competition”). If you establish a positive Account balance for entry fees for Cash Competitions, then you are required to submit the information of your full name, permanent address, phone number, and credit card or other payment information, and to maintain such information current and correct at all times. We may require you to establish a positive Account balance in any amount so to participate in Cash Competitions. If you are a Cash Player, you allow us to share your above personal and payment information in confidence with third party service providers so to validate your identity and assess the transaction risk associated with accepting your selected method of payment, as well as any other purpose as detailed in our Privacy Policy.
9.9 WITHDRAWAL REQUESTS / CLOSING ACCOUNTS
If you are a “Cash Player”, you may request a withdrawal of funds from your available Account balance at any time. Users may request withdrawals by check or PayPal. Subject to SDP Games confirmation of funds availability, withdrawal requests may take up to 15 days to process. SDP Games reserves the right to freeze a user’s Account and/or delay a request for withdrawal pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds. The minimum amount of any withdrawal (other than when your Account is closed) is US$10.00 and the maximum is US$1000.00. If your account is closed then, subject to the right of SDP Games to freeze a user’s Account, delay a request for withdrawal, or declare that funds are forfeited because of your Fraud, the remaining funds in your Account at the time of closing will be returned to you. If you initiate a withdrawal of funds from your Account, you will forfeit all Bonus Cash currently in your Account. In case of a user error during withdrawal (for example in Paypal recipient email), SDP GAMES cannot be held accountable.
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9.10 WITHDRAWAL FEES
For any cash deposit added to your account, your account will be credited for the amount deposited net of service fees to cover the costs we need to pay for the transaction. The withdrawal fees are calculated as follows: 4.99% of the amount deposited into your account with a minimal fee of $1. Note that bonus cash cannot be withdrawn, user balance will be deducted from any bonus cash accumulated before withdrawal.
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9.11 REFUND POLICY
We will not grant you any refunds, unless otherwise required by law.
9.12 WINNINGS
When you receive Winnings, you may be required to provide us with a proof, evidencing that you are, or were at the time of your participation, eligible to participate in the subject competition accordance with these Terms and that you participated in accordance with these Terms. If you fail to provide us with such proof to our reasonable satisfaction, you will not receive the relevant Winnings. We may reverse or require return of any payment in error which has been received by you and you shall cooperate with us in this regard. We may also reduce payment to you without notice to adjust any previous overpayment.
9.13 CREDIT CARD/PAY PAL USE
When you pay by credit card, you represent to us that you are the authorized user of such credit card. If your credit card account number, its expiration date and/or your billing address changes, or if your credit card expires or is canceled for any reason, you must notify us immediately. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.
9.14 FORFEITURE OF FUNDS
If your Account is unilaterally closed or terminated because of your Fraud, we may determined that the funds in your Account are forfeited and not returned to you.
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9.15 INACTIVITY
Inactivity is defined as not opening any SDS game and/or making any change to the user profile, and/or playing any match.
After 1 month or more of inactivity, a maintenance fee of USD $2.00 will be deducted from the user’s account balance every month until the balance reaches zero or the user becomes active again.
After 90 days of inactivity, all bonus cash in the user’s account balance will be forfeited.
Once the user has been inactive for over 120 days, we may choose at our sole discretion to close the user’s account.
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10. PROOF, STORAGE AND ARCHIVING
The records stored in our system, in accordance with the rules of the security will be considered proof of communications e-mail, sending out a registration form, postings comments .... The filing of the registration forms is carried on a support such as to ensure reliable and durable required by legal provisions. It is expressly agreed that any difference between our computerized records and documents in paper or electronic format you have, our computer registers shall prevail.
11. ADVERTISING
In accordance with the customs and practices of the Internet, advertising may be inserted on the Services. As such, the company SDP GAMES has complete freedom regarding the choice of advertisers, advertising display modes but also their location.
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12. CONTACT & EMAIL
From time to time, SDS Games may contact you to present special offer, events or for marketing purposes. You acknowledge that by accepting these terms, you authorize SDS Games to send you email, SMS or other messages and that your email may be used for contact purposes. You may opt-out at any time.
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13. ACTS OF GOD
The company undertakes SDP GAMES, given current technology, to maintain the best possible Services. However, the company SDP GAMES is not responsible for any interruption of services due to force majeure, due to a third party or user-users of the latter, and the hazards arising from the technique.
The parties acknowledge, but not limited to, conventionally, one another, as indicated, including either the force majeure or fortuitous event, or because a third party, the damage found their origins or causes in: natural disasters, fires, floods, lightning, electrical surges, strikes, stoppages of electricity supply, failure of the telecommunications network, computer crashes, civil wars or foreign, riot or civil commotion, terrorist attacks , regulatory restrictions related to the provision of telecommunications services, loss of connection and / or connectivity due to public and private operators on which the company SDP GAMES.
These acts of God suspend the obligations of the company SDP GAMES, cited in these Terms, for the duration of their existence.
14. MODIFICATIONS
The company SDP GAMES reserves the right to change the Services at any time based on the technical development and the TOS. Changes in the Terms shall be effective immediately they are posted. You will be deemed to have accepted these modifications by continuing to use the Services. You are therefore invited to consult the latest version of the TOS.
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15. TIMEOUTS AND CONNECTIVITY
All matches using the SDS tournament system are timed-out after 15mns, delay after which scores will not be submittable. SDP Games cannot be held responsible in case of timeout, or any connectivity issue on the user's device that may lead to a timeout or a score submission error. In such a case, all fees for the aforementioned tournament will be forfeited and lost.
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16. ANALYTICS
The company SDP GAMES reserves the right to record sessions, send anonymous analytics containing various session informations & events for future product improvement purposes. Note that all recorded information will not contain any sensitive data (credit card number, photo etc), which will not be recorded/stored.
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17. MISCELLANEOUS
These Terms and all documents governing legal services (Privacy Policy, Specific Terms of Use,..) are governed, construed and enforced in accordance with French law, the language of interpretation is the French language if of dispute about the meaning of a term or provision of the TOS and all the legal documents governing the Services.
In the event that any provision of these Terms is declared invalid, unenforceable or void, it would be disregarded, without affecting the validity of other provisions or clauses, which retain their full force and effect.
All use cases not covered by the TOS shall be decided by the company SDP GAMES, whose decisions will be subject to appeal.
Any litigation or dispute arising in connection with the use of the Services will be an attempt to settle amicably.
Failing agreement, the dispute shall be submitted to the French courts to which the registered office of the company SDP GAMES, unless contrary to public order for a ruling under French law.