Last updated: July 25, 2024 "us", "we", refer to Effo Consultants inc., the company providing you with the Mini DiverCity game application "Mini DiverCity", "Mini DiverCity online", the "application", the "app", the "service", the "website" refer to the Mini DiverCity game application on all platforms, the minidivercity.com website, and the services you obtain from them. 1. AGREEMENT These terms serve as an agreement between you and us, which you are accepting by downloading and using this app, and which govern your use of it. Since Mini DiverCity is an interactive service, you agree that we may provide you with important information and terms electronically, either by email or by posting such notices online. 2. PRIVACY POLICY AND DATA COLLECTION See https://minidivercity.com/privacy_policy.txt THE APP DOES NOT TARGET CHILDREN. Creating an account in the app and using the app for Children of 13 year old or less requires the parent's consent. The parent's consent is also required for the Children to provide any user-submitted information. If you are a parent or guardian and you are aware that your child has provided us with personal information without your consent, please contact us at app@minidivercity.com so that we will be able to do necessary actions. 3. CHANGE OF TERMS As Mini DiverCity evolves, we may need to modify these terms. You agree that we may modify these terms at any time. Therefore, you should review these terms every time you download and install a new version of this app. Your ongoing use of the service after we post changes to this agreement means that you accept the new terms. 4. YOUR RESPONSIBILITIES You have the following responsibilities when you use our services. You must keep your log-in information confidential. You must comply with all laws and these terms. You are responsible for maintaining at your own expense the equipment, material, softwares and Internet access that you will need to use this app and the service. 5. OWNERSHIP RIGHTS The cards' graphics and symbols, the Mini DiverCity logo, images of Divers and Species as well as the Sphere Games logo offered through the service are owned by Sphere Games. Other elements are owned by Effo Consultants unless specified in the Attribution section on the app's home screen. The source code is owned by Effo Consultants. The content, specifically this app and the images displayed in this app as well as the source code are protected by copyright and other intellectual property laws and treaties. We reserve all rights not specifically granted to you. You may not reverse engineer, decompile, disassemble or reduce to human readable form any aspect of this app. You may not modify, copy or adapt any part of this app, or create derivative works from it. You may not remove proprietary notices or credits. You may not help any one else to do any of the things prohibited in this paragraph. 6. TERMS AND RIGHTS We offer you the following rights to use this app provided that you continue to comply with the terms of this agreement. We offer you the service on a personal, limited, revocable and non-exclusive basis for personal and lawful use only. You may not transfer these rights to anyone else. 7. UPDATES We may at any time update the app to add or remove content or improve its performance and capabilities. Any updates we provide will be in our discretion. 8. RULES OF CONDUCT In order to make Mini DiverCity online accessible and a positive experience for all users, you agree to abide by the following rules of conduct. We may close your account if you engage in any conduct that: 8.1 violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, other proprietary rights or rights or privacy; 8.2 offers for sale any content or products; 8.3 is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 8.4 impersonates any person, business or entity, including our employees or representatives; 8.5 encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; 8.6 offers, promotes or encourages betting or wagering prohibited by law; 8.7 violates this Agreement, guidelines, the anti-spam terms, or any policy posted on the service; 8.8 interferes with the use of Mini DiverCity by others; 8.9 is commercial in nature (i.e. ads) 9. NO SPAM You may not harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to violate the terms of this section. We may terminate your access immediately and take any other legal action if you, or anyone using your access, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our network. 10. CHEATING Cheating in any form is not allowed and will lead to a ban or exclusion from the leaderboards. 11. NAMES AND IMAGES DEFINED BY THE USER We may refuse or change any username that we determine is unacceptable. We may refuse any user image that we find unacceptable, without providing a reason. 12. CONTENT We are not obligated for content provided by others. We are not liable for content or materials that are provided by others, including our advertisers. 13. INTERNATIONAL USE We make no representation that Mini DiverCity is appropriate or available for use in territories where the service is illegal or prohibited. 14. TERMS OF PURCHASE We may offer services and products for a fee. You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchases. When you make a purchase from us, you must provide us with a payment method. You must be authorized to use the payment method. You authorize us to charge you for any purchases you make from us using your payment method and for any paid feature of the service for which you choose to sign up or use. All sales are final, noncancelable, non-transferable and apply to one (1) Google, Apple or WebGL account depending on where the purchase is made. Before you buy, you must make sure the service is functional for the PC/device you are using. Prices and availability of any products or services are subject to change at any time. 15. DISCLAIMER OF WARRANTIES We provide Mini DiverCity "as-is," "with all faults" and "as available." We do not guarantee the availability or sustainability of the service. We give no express warranties, guarantees or conditions. 16. LIABILITY LIMITATION Your sole and exclusive remedy for any dispute with us or dissatisfaction of your use the service is to discontinue your use of the service. We shall not be liable for any indirect, special, indicental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon this app, even if we knew or should have known of the possibility of such damages. If you consider your playing time unreasonable, write to us at app@minidivercity.com and we will take action if your e-mail is received by us. Also, do not hesitate to get in touch with a local organization that helps with game addiction. 17. INDEMNIFICATION You agree to defend us, indemnify us, and hold us harmless from all liabilities, claims, and expenses -- including reasonable attorney and accountant's fees -- that arise from your use or misuse of this app, or from possible violation of these terms and conditions. 18. GENERAL TERMS These terms make up the entire agreement between you and us regarding your use of this app. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. You agree that the laws of the province of Quebec, Canada govern these terms in any claim, cause of action or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the province of Quebec, Canada, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If for any reason a court finds that any provision or portion of these terms is unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.