These Terms of Service ("Terms") govern your access to and use of Amazing Fishing, together with our website located at sierracaelum.com, and any related games, applications, digital content, features, and services (collectively, the "Service") provided by Sierra Caelum Limited ("Sierra Caelum," "we," "our," or "us"), with its business address at 720 S Colorado Blvd Ste 740, Denver, CO 80246, United States.
By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must discontinue use of the Service.
1. Eligibility
You must be at least 13 years old to access or use the Service, unless a different minimum age is required by applicable law in your jurisdiction.
If you are under the age of majority in your jurisdiction, your parent or legal guardian must review and agree to these Terms on your behalf.
You are responsible for ensuring that your access to and use of the Service complies with all applicable laws and regulations.
2. Account Registration and Security
Certain features of the Service may require you to create an account.
You agree to provide accurate, complete, and current information when creating or maintaining an account.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for activities conducted through your account.
You must notify us promptly if you believe that your account has been accessed or used without authorization.
We reserve the right to suspend, restrict, or terminate accounts that contain inaccurate information or are used in violation of these Terms.
3. Limited License
Subject to your continued compliance with these Terms, Sierra Caelum Limited grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for your personal, non-commercial entertainment purposes.
Except where expressly permitted by applicable law, you may not:
- Copy, reproduce, distribute, or publicly display any part of the Service;
- Modify or create derivative works based on the Service;
- Reverse engineer, decompile, disassemble, or attempt to discover source code;
- Rent, lease, sell, sublicense, or commercially exploit the Service;
- Remove or alter copyright, trademark, or other proprietary notices.
All rights not expressly granted to you under these Terms are reserved by Sierra Caelum Limited and its licensors.
4. User Conduct
You agree that you will not:
- Use cheats, hacks, bots, automation software, exploits, or unauthorized third-party tools in connection with the Service;
- Interfere with, disrupt, damage, or gain unauthorized access to servers, networks, accounts, or systems associated with the Service;
- Attempt to bypass security features or access restrictions;
- Upload or transmit unlawful, abusive, defamatory, threatening, obscene, infringing, fraudulent, or otherwise objectionable content;
- Engage in fraud, phishing, spam, impersonation, or unauthorized commercial activities through the Service;
- Use the Service in a manner that violates applicable laws or regulations;
- Interfere with other users' access to or enjoyment of the Service.
We reserve the right to determine, at our reasonable discretion, whether conduct violates these Terms.
5. Virtual Items and Purchases
The Service may offer virtual items, virtual currency, digital content, subscriptions, or other in-game or digital features.
Unless otherwise expressly stated:
- Virtual items and digital content are licensed to you for use within the Service and are not sold to you as personal property;
- Virtual items and digital content do not constitute real-world currency or financial instruments;
- Virtual items generally have no cash or real-world monetary value and may not be exchanged for money except where expressly required by applicable law;
- Purchases may be subject to additional terms provided by the applicable payment provider or platform;
- We may modify, update, suspend, remove, or discontinue virtual items or digital features as reasonably necessary for the operation, maintenance, or development of the Service.
Nothing in these Terms grants you ownership rights in virtual items, virtual currency, or other digital content.
6. Subscription Services
Certain features or digital content offered through the Service may be available through recurring subscription payments.
Where subscriptions are offered:
- Subscription charges and renewal terms will be presented to you before purchase;
- Subscriptions may automatically renew unless canceled before the applicable renewal date, where permitted by the applicable platform or payment terms;
- You authorize the applicable payment provider or platform to charge the payment method associated with your subscription;
- Subscription management, cancellation, and billing may be handled through Apple App Store, Google Play, or another authorized payment platform.
The availability and terms of subscriptions may vary depending on your location and the platform through which you access the Service.
7. Refund Policy
Except where required by applicable law, mandatory consumer protection rules, or applicable platform policies, purchases made through the Service are generally final and non-refundable.
For purchases processed through third-party platforms, including the Apple App Store or Google Play, refund requests may need to be submitted directly through the applicable platform and will be governed by that platform's policies.
We reserve the right to investigate and take appropriate action regarding refund requests involving suspected fraud, abuse, unauthorized activity, or violations of these Terms.
Nothing in this section limits any mandatory refund rights available to you under applicable law.
8. User Content
The Service may allow you to submit or make available certain content, including usernames, messages, images, gameplay content, feedback, or other materials ("User Content").
You retain ownership of any intellectual property rights you may have in your User Content. However, by submitting User Content through the Service, you grant Sierra Caelum Limited a non-exclusive, worldwide, royalty-free license to host, reproduce, modify, adapt, display, distribute, and otherwise use such User Content solely as reasonably necessary to operate, maintain, promote, improve, and provide the Service.
You represent and warrant that:
- You own or have all necessary rights to submit the User Content;
- Your User Content does not violate applicable laws or the rights of any third party;
- Your User Content does not contain unlawful or harmful material.
We may remove, restrict, or disable access to User Content where reasonably necessary to enforce these Terms, comply with applicable law, protect users, or maintain the integrity of the Service.
9. Intellectual Property
All rights, title, and interest in and to the Service, including Amazing Fishing, software, game mechanics, artwork, graphics, designs, text, music, sound effects, trademarks, logos, digital content, and other materials, are owned by or licensed to Sierra Caelum Limited and are protected by applicable intellectual property laws.
Nothing contained in these Terms grants you ownership of any intellectual property rights in the Service.
You may not use our trademarks, logos, or branding without our prior written permission, except as permitted by applicable law.
10. Privacy
Your use of the Service is also governed by our Privacy Policy.
Our Privacy Policy describes how we may collect, use, store, disclose, and otherwise process personal information in connection with the Service.
By using the Service, you acknowledge that your personal information may be processed as described in our Privacy Policy.
11. Suspension and Termination
We may suspend, restrict, or terminate your access to all or part of the Service if:
- You violate these Terms;
- You engage in unlawful, fraudulent, abusive, or harmful conduct;
- Your use of the Service creates security or technical risks;
- We are required to do so by applicable law or legal process.
We may also modify, suspend, or discontinue all or part of the Service where reasonably necessary for maintenance, security, technical, operational, or business reasons.
Upon termination of your access to the Service, the license granted to you under these Terms will terminate, except for provisions that by their nature are intended to survive termination.
12. Third-Party Services
The Service may integrate with or interact with third-party services, including:
- Apple and Apple-related platform services;
- Google and Google-related platform services;
- Payment providers;
- Analytics providers;
- Advertising partners;
- Cloud hosting and infrastructure providers.
Third-party services are operated independently and may be governed by their own terms, policies, and privacy practices.
Sierra Caelum Limited is not responsible for the availability, content, security, or practices of independent third-party services.
13. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis.
Sierra Caelum Limited does not guarantee that the Service will always be:
- Available;
- Uninterrupted;
- Error-free;
- Secure;
- Compatible with every device or operating system.
To the fullest extent permitted by applicable law, we disclaim all express, implied, statutory, and other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in these Terms excludes warranties or consumer rights that cannot be excluded under applicable law.
14. Limitation of Liability
To the maximum extent permitted by applicable law, Sierra Caelum Limited and its affiliates, officers, directors, employees, licensors, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your access to or use of the Service.
To the maximum extent permitted by applicable law, the total aggregate liability of Sierra Caelum Limited arising out of or relating to the Service or these Terms shall not exceed the greater of:
- The total amount you paid directly to Sierra Caelum Limited for the applicable Service during the six (6) months preceding the event giving rise to the claim; or
- The minimum amount required by applicable law.
Nothing in these Terms limits or excludes liability where such limitation or exclusion is prohibited by applicable law.
15. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Sierra Caelum Limited, its affiliates, directors, officers, employees, licensors, service providers, and partners from and against claims, damages, liabilities, losses, costs, and expenses arising out of or relating to:
- Your violation of these Terms;
- Your misuse of the Service;
- Your violation of applicable law;
- Your infringement or violation of the rights of another person or entity.
16. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.
Before initiating formal legal proceedings, you agree to first contact us at [email protected] and provide a reasonable opportunity to seek an informal resolution of the matter.
Unless otherwise required by applicable law, any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state or federal courts located in the State of Colorado, United States.
Nothing in this section limits any rights that cannot be waived under applicable consumer protection laws.
17. Changes to These Terms
We may revise these Terms from time to time to reflect changes to the Service, our business practices, applicable laws, or other operational requirements.
Updated Terms will become effective when posted unless otherwise specified.
The "Effective Date" at the top of these Terms will be updated when material revisions are made.
Your continued use of the Service after the revised Terms become effective constitutes your acceptance of the updated Terms to the extent permitted by applicable law.
18. Contact Information
If you have any questions regarding these Terms or the Service, please contact:
Sierra Caelum Limited
720 S Colorado Blvd Ste 740
Denver, CO 80246
United States
Email: [email protected]
Website: sierracaelum.com
By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.