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Terms of Service & Privacy Policy

TERMS OF SERVICE
The Superhero Executive Terms of Service
Effective from: May 23, 2023
The terms of this agreement (“Terms of Service”) govern the relationship between you and The Superhero Executive and its affiliates (hereinafter “The Superhero Executive ” or “Us” or “We”) regarding your use of The Superhero Executive games, websites and related services (the “Service”). In this agreement “The Superhero Executive” means The Superhero Executive registered in Singapore with the Accounting and Corporate Regulatory Authority of Singapore. “The Superhero Executive” also includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. Use of the Service is also governed by The Superhero Executive’s Privacy Policy. 

Before accessing or using the Service, including browsing any The Superhero Executive website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 18 or older and you understand and agree to these Terms of Service. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.


BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.


The Superhero Executive reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the The Superhero Executive website. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, The Superhero Executive Games Privacy Policy, or any other The Superhero Executive Games policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
 
1. LICENSE


1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant The Superhero Executive policies, The Superhero Executive grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. You agree not to use any third party software to play. 


1.2. Use of the Service
The following restrictions apply to the use of the Service:
   •    You shall not create an Account or access the Service if you are under the age of 18;
   •    You shall restrict use by minors, and you will deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors.
   •    You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself;
   •    You shall not use the Service if you have previously been removed by The Superhero Executive, or previously been banned from playing any The Superhero Executive game;.
   •    You shall use your Account only for non-commercial purposes;
   •    You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone; 
   •    You shall not use any third party software to play our game/s;


1.3. Username and Password
During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:
   •    You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account.
   •    In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify The Superhero Executive and modify your Login Information.
   •    You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you.
   •    You are responsible for anything that happens through your Account.
The Superhero Executive reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.


1.4. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.1 and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
   •    Engage in any act that The Superhero Executive deems to be in conflict with the spirit or intent of the Service or make improper use of The Superhero Executive’s support services.
   •    Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to play or modify or interfere with the Service, any The Superhero Executive game or any The Superhero Executive game experience or without The Superhero Executive’s express written consent, modify or cause to be modified any files that are a part of the Service or any The Superhero Executive game.
   •    Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any The Superhero Executive game environment.
   •    Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
   •    Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by The Superhero Executive, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
   •    Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
   •    Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
   •    Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including The Superhero Executive employees.
   •    Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a The Superhero Executive employee.
   •    Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any The Superhero Executive game, or to obtain any information from the Service or any The Superhero Executive game using any method not expressly permitted by The Superhero Executive.
   •    Solicit or attempt to solicit personal information from other users of the Service or any The Superhero Executive game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
The Superhero Executive reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. The Superhero Executive reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.


1.5. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, THE SUPERHERO EXECUTIVE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SUPERHERO EXECUTIVE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND THE SUPERHERO EXECUTIVE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.


WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.


The Superhero Executive reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, The Superhero Executive shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.


Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.


You may terminate your Account at any time and for any reason by contacting us at admin@TheSuperheroExecutive.com and informing The Superhero Executive that you wish to terminate your Account.

2. OWNERSHIP


2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a The Superhero Executive game client, and the The Superhero Executive game clients and server software) are owned by The Superhero Executive. The Superhero Executive reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.


2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE SUPERHERO EXECUTIVE . GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH THE SUPERHERO EXECUTIVE WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 100 DAYS.


2.3. Virtual Items
The Superhero Executive owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in The Superhero Executive games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any The Superhero Executive game, whether earned in a game or purchased from The Superhero Executive, or any other attributes associated with an Account or stored on the Service.


2.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a The Superhero Executive game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by The Superhero Executive in accordance with its Privacy Policy. The Superhero Executive reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

3. USER CONTENT


3.1. Content Screening
The Superhero Executive assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.


By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.


If at any time The Superhero Executive chooses, in its sole discretion, to monitor the Service, we nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.


3.2. Information Use by Other Members of the Service


3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. The Superhero Executive cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. The Superhero Executive shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.


3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. The Superhero Executive may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of The Superhero Executive violates these Terms of Service.


3.3. License
You hereby grant to us an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to us the right to authorize others to exercise any of the rights granted to us under these Terms of Service. You further hereby grant to us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. The Superhero Executive does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. The Superhero Executive has no obligation to monitor or enforce your intellectual property rights in or to your User Content.


3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or our games. The Superhero Executive reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 
 
4. FEES AND PURCHASE TERMS


4.1. Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or gold ecoins, all for use in our games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.


The Superhero Executive may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. The Superhero Executive shall have no liability to you or any third party in the event that we exercise any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to The Superhero Executive, another user or any third party.


ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.


The provision of Virtual Items for use in our games is a service provided by us that commences immediately upon acceptance by us of your purchase.


4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. The Superhero Executive may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT THE SUPERHERO EXECUTIVE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
 
5. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. The Superhero Executive may require that you accept updates to the Service and to our games you have installed on your computer, smartphone, tablet, SmartTV or any other device used to access the Service. You acknowledge and agree that we may update the Service and our games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play our games.
 
6. DISCLAIMER OF WARRANTIES WITHOUT LIMITING THE SUPERHERO EXECUTIVE LIABILITY, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SUPERHERO EXECUTIVE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
 
7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION. THE SUPERHERO EXECUTIVE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (NO MATTER HOW  UCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SUPERHERO EXECUTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THE SUPERHERO EXECUTIVE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH THE SUPERHERO EXECUTIVE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.


Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that The Superhero Executive may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of our liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF THE SUPERHERO EXECUTIVE.


You agree to indemnify, defend and hold The Superhero Executive harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
 
8. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and The Superhero Executive, we strongly encourage you to first contact us directly to seek a resolution by contacting us at admin@TheSuperheroExecutive.com. You agree that all disputes between you and The Superhero Executive shall be governed by the laws of Singapore, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved exclusively by a court located in Singapore.
 
9. SEVERABILITY
You and The Superhero Executive agree that if any portion of these Terms of Service or of the The Superhero Executive Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
 
10. GENERAL PROVISIONS


10.1. Assignment
The Superhero Executive may assign or delegate these Terms of Service and/or the The Superhero Executive Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.


10.2. Supplemental Policies
The Superhero Executive may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.


10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the The Superhero Executive Privacy Policy), contain the entire understanding of you and The Superhero Executive, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.


10.4. No Waiver
The failure of The Superhero Executive to require or enforce strict performance by you of any provision of these Terms of Service or the The Superhero Executive Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.


The express waiver by The Superhero Executive of any provision, condition, or requirement of these Terms of Service or Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.


Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by The Superhero Executive shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of The Superhero Executive.


10.5. Notices
We may notify you via postings on www.TheSuperheroExexutive.com, and via e-mail or any other communications means to contact information you provide to us. 


10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to The Superhero Executive are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.


You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any The Superhero Executive game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).


10.7. Force Majeure
The Superhero Executive shall not be liable for any delay or failure to perform resulting from causes inside or outside the reasonable control of The Superhero Executive, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our 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.

 

The Superhero Executive’s Privacy Policy:

PRIVACY POLICY
Effective Date: May 23, 2023

The Superhero Executive and its affiliates (“The Superhero Executive”, “us”, “our” or “we”) are dedicated to protecting the privacy rights of our users (“users” or “you”). This Privacy Policy (the “Policy”) describes the ways we collect, store, use, and manage the information, including personal data, that you provide or we collect in connection with our websites (the “Sites”) or any The Superhero Executive game provided on a mobile platform (for example, iOS and Android) (collectively, the “Service”). Please note that the scope of this Policy is limited to information collected or received by The Superhero Executive through your use of the Service. The Superhero Executive is not responsible for the actions of third parties, except as provided by mandatory law, the content of their sites, the use of information you provide to them, or any products or services they may offer. Any link to those sites does not constitute our sponsorship of, or affiliation with, such third parties.


Before using the Service, you need to accept this Policy and the processing of your data, including your personal data, in the manner provided in this Policy.

Information Collection and Use
The Superhero Executive collects information as described below. Our primary goals in collecting and using information is to create your account, provide Services to you, improve our Service, contact you, conduct research and create reports for internal use. 

The Superhero Executive Sites


While you are browsing The Superhero Executive Sites, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may use this information to monitor and analyze your use of the Service. In addition, we may ask you to submit and we may process data that is personal to you, including but not limited to your name, profile photo, gender, age or birthday, links to your profiles on social networking websites and other third party sites, user names and e-mail and mail addresses. We may use this information to create a user profile. We may use your email address to contact you about your experience with The Superhero Executive and notify you about company news and promotions. Your gender and birthday may be used to analyze user trends and target certain promotions. Your mail address may be used if we have merchandise or other physical promotional materials that we want to send to you.


Forums
The Superhero Executive may at times offer you the ability to post content to a blog, message board, chat room or within The Superhero Executive applications or other forums such as our Facebook page (“Forums”). You should be aware that any visitor to the Forums may read your postings on the Forums. Furthermore, any information that you may post to a Forum, including your username or other account profile information, will be disclosed and available to all users and viewers of that Forum, and will therefore no longer be private. The Superhero Executive cannot guarantee the security of such information that is disclosed or communicated online in public areas such as the Forums, and you provide such information at your own risk. The Superhero Executive does not author, edit, endorse, or monitor any Forum. You acknowledge and agree that The Superhero Executive has no responsibility for the accuracy or availability of information provided on any Forum. We reserve the right at any time, in its sole discretion, to remove any content that a user may post on any Forum and restrict their access to any Forum.


iOS and Android Platforms
When you use any of our games or applications on a mobile platform, we may collect and record certain information such as your unique device ID (persistent / non-persistent), hardware type, media access control (“MAC”) address, international mobile equipment identity (“IMEI”), the version of your operating system (“OS”), your device name, your in-game nickname, your email address (if you have connected to Facebook or Google+ or contact our Customer Service from the application), and your general location (country based on your Internet Protocol (“IP”) address). This information is collected to be able to offer the Service for you and to connect your user account on our servers to your device. This information is also useful to us for troubleshooting and helps us understand usage trends to further improve the Service.


In addition, we create a unique user ID and unique support ID to track your use of our Service. These unique IDs are stored in connection with your profile information to track the Nitro Games’ games you are playing and to allow our Customer Service to locate your user account for troubleshooting purposes.


Facebook Connect, Game Center and Google+
You may connect your user account to your Facebook account, Google+ account or to Apple’s Game Center (“SN Service”). We may collect and record information through the SN Service in accordance with the policies and terms of that SN Service. The information we collect when you connect your user account to an SN Service may include: (1) your name, (2) your SN Service user identification number and/or user name, (3) locale, city, state and country, (4) sex, (5) birth date, (6) email address, (7) profile picture or its URL, and (8) the SN Service user identification numbers for your friends that are also connected to The Superhero Executive’s game(s).


Invite a Friend
The Superhero Executive may offer you the opportunity to invite your contacts from a SN Service (such as your Facebook friends) so that those contacts can be located in The Superhero Executive games and/or you can invite them to join you in our games. Such contact information will be used only for the purpose of sending communications to the addressee.


Customer Service
We may collect your email address when you contact our customer service group and we may use that email address to contact you about your gaming experience with us and notify you about company news and promotions.


Game Data Collection
Whenever you play our games, we collect data about all of your interactions with the game and with the other players inside the game via server log files. This data may be stored within Amazon Web Services.


Other Collection
We may also acquire information from you through (1) your access and participation in message boards on the Service, (2) your participation in surveys regarding the Service or (3) your participation in a sweepstakes or contest through the Service.


Cookies
A cookie is a small text file that we transfer to your computer and/or device, to identify a user’s computer/device and to “remember” things about your visit, such as your preferences or a user name and password. Information contained in a cookie may be linked to your personal data for purposes such as improving the quality of our Service, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service.
We may feature advertisements served by third parties that deliver cookies to your computer/device so the content you access and advertisements you see can be tracked. Since the third-party advertising companies associate your computer/device with a number, they will be able to recognize your computer/device each time they send you an advertisement. These advertisers may use information about your visits to our Service and third-party sites and applications in order to measure advertisement performance and to provide advertisements about goods and services of interest to you. This Policy does not apply to, and we are not responsible for the data collection practices of these third-party advertisers, and we encourage you to check their privacy policies to learn more about their use of cookies and other technology.


Third Party Services
Our services may contain third party tracking tools from our service providers. Such third parties may use cookies, APIs, and SDKs in our services to enable them to collect and analyze user information on our behalf. The third parties may have access to information such as your device identifier, MAC address, IMEI, locale (specific location where a given language is spoken), geo-location information, and IP address.


Ad Networks
We may feature advertising within our Service. The advertisers may collect and use information about you, such as your Service session activity, device identifier, MAC address, IMEI, geo-location information and IP address. 


In addition, you may see our games advertised in other services. After clicking on one of these advertisements and installing our game, you will become a user of our Service. In order to verify the installs, a device identifier may be shared with the advertiser.


How We Use Information
We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your information to:
   •    create game accounts and allow users to play our games;
   •    identify and suggest connections with other users;
   •    operate and improve our Service;
   •    understand you and your preferences to enhance your experience and enjoyment using our Service;
   •    respond to your comments and questions and provide customer service;
   •    provide and deliver products and services you request;
   •    send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
   •    communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by us and our selected partners;
   •    enable you to communicate with other users; and
   •    link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.


Disclosure of Your information to Third Parties
The Superhero Executive does not share your personal data except as approved by you or as described below:
   •    With your consent, for example, when you agree to our sharing your information with third parties for their own marketing purposes subject to their separate privacy policies.
   •    The Superhero Executive may engage other companies and individuals to perform services on our behalf. Example of these services include analyzing data. These agents and service providers may have access to your personal data in connection with the performance of services for us.
   •    We may release your information as permitted by law or when we believe that release is appropriate to comply with the law; enforce or apply our rights; or protect the rights, property, or safety of us or our users, or others. This includes exchanging information with other companies and organizations for fraud protection.
   •    The Superhero Executive may share your information to its affiliates and in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company.
   •    We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties.


Changes to the Policy
We reserve the right to change this Policy at any time. If we decide to change this Policy, we will post those changes on this page and update the date at the top of the page. The changes will be effective when posted. Please check this page on a regular basis so that you remain aware of what information we collect and how we use it.


Security
The Superhero Executive takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties.


Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties.


Our Policy Regarding Children
We do not knowingly collect or solicit personal data from anyone under the age of 18 or knowingly allow such persons to use our Service.  If you are under the age of 18, don’t download or play our game. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 18 may provide any personal data. In the event that we learn that we have collected personal data from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 18, please contact us at admin@TheSuperheroExecutive.com.


International Transfer
We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Because different countries may have different data protection laws than your own country, we take steps to ensure adequate safeguards are in place to protect your data as explained in this Policy. 


Retention Period
We will not keep your personal data for longer than necessary for the purposes personal data is collected or allowed by law. Therefore, the length of the storage period for personal data varies depending on the data. This also means that we may keep your personal data even if your contractual relationship has ended, but only as long as we have reason to do so.


Your Rights


Right of access
You have a right to check the data we have saved on you into the register. We will supply the information in the form required by law.
Right to rectification.


You have the right to request the rectification of any erroneous, inaccurate, incomplete, obsolete or unnecessary data.
Right to be forgotten.


You have the right to request that your personal data be erased from our systems. Note that if you ask us to remove your personal data, we will retain your data as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements. Your data may not be erased immediately from all our backup systems or other similar systems.


The right restriction of processing
You have the right to restrict our rights in processing certain personal data. Such restrictions may restrict your possibilities to use the Sites and the Services.


Right to prohibit processing
You have the right to request restrictions to us processing your data for other purposes than providing Services or fulfilling our legal obligations. Such a prohibition may limit your possibilities to use our Service. You have the right to refuse direct electronic marketing by following the instructions that are included in all our marketing communications. If you opt-out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.


Right to data portability

You have a right to obtain the personal data we have collected of you in an organised and generally accepted form so you can submit them to another controller of a personal data file.


Right to withdraw a consent
You have right to withdraw consent at any time. If you withdraw your consent, it may limit use of the Service.

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