SUNNY DAY INTERACTIVE INC., a certified enterprise on the TikTok Developer Platform (referred to as "Company", "we", "us", or "our"), is the provider of the TikTok Mini Game "Fairy Burst" and the legal entity responsible for these User Terms of Service (these "Terms"). These Terms govern your access to and use of the Fairy Burst Services, including any related game content, features, and community.
1. Acceptance of Terms
By accessing, downloading, or playing the Fairy Burst TikTok mini-game ("Game"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all of the provisions contained in these Terms, you may not access or use the Game. Your continued use of the Game following any updates constitutes acceptance of the revised Terms.
2. Eligibility
You must be at least 13 years old to use this Game. If you are between the ages of 13 and 18 (or the age of majority in your country of residence), you must have verifiable consent from a parent or legal guardian to access and play Fairy Burst. The Game is not intended for children under 13. By using the Game, you represent that you meet all eligibility requirements.
3. User Conduct
You agree to use the Game only for lawful purposes and in accordance with these Terms. Any violation of the rules below may result in immediate suspension or termination of your access. You may not:
- Cheat, hack, exploit glitches, reverse engineer, or modify any part of the Game or its software.
- Harass, threaten, abuse, defame, or otherwise harm other users, including but not limited to hate speech or discriminatory behavior.
- Use automated tools, bots, scripts, or third-party software to automate gameplay or collection of data.
- Infringe or violate any intellectual property rights, including copyrights, trademarks, or trade secrets owned by SUNNY DAY INTERACTIVE INC. or any third party.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the Game's servers, networks, or security features.
4. Intellectual Property
All content, graphics, game mechanics, music, sound effects, character designs, visual assets, source code, and any other elements comprising Fairy Burst are the exclusive property of SUNNY DAY INTERACTIVE INC. and its licensors, protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, distribute, publicly perform, create derivative works, or commercially exploit any part of the Game without prior written permission from SUNNY DAY INTERACTIVE INC.
Certain trademarks, logos, and game names are owned by SUNNY DAY INTERACTIVE INC. and may not be used without express written consent. All rights not expressly granted are reserved.
5. Virtual Items & Purchases
Fairy Burst may offer virtual currency, coins, gems, power-ups, or other virtual items for purchase ("Virtual Items"). You agree that Virtual Items have no real-world monetary value and are licensed to you for personal, non-transferable, non-commercial use only. All purchases of Virtual Items are final and non-refundable unless otherwise required by applicable law. We reserve the right to manage, modify, or discontinue Virtual Items at our sole discretion without liability.
6. Privacy
Your privacy is important to us. Your access to and use of Fairy Burst is also governed by our Privacy Policy, which explains how we collect, use, store, and share information from players. By using the Game, you consent to the data practices described in our Privacy Policy. You can review the Privacy Policy via the TikTok Developer Platform or by contacting us at SalinaMekitarian757@gmail.com.
7. Termination
We reserve the right, without prior notice, to suspend, limit, or permanently terminate your access to Fairy Burst if we determine, in our sole discretion, that you have violated these Terms or any applicable laws. Upon termination, your right to use the Game will immediately cease, and you will not be entitled to any refunds for unused Virtual Items. We may also terminate the Game or remove any content at any time.
8. Disclaimer of Warranties
THE GAME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SUNNY DAY INTERACTIVE INC. DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNNY DAY INTERACTIVE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE GAME, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US (IF ANY) DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless SUNNY DAY INTERACTIVE INC., its affiliates, and each of their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your misuse of the Game; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any content you submit or transmit through the Game.
11. Changes to Terms
We may update or modify these Terms at any time to reflect changes in our services, legal requirements, or operational practices. If we make material changes, we will provide notice through the Game, the TikTok Developer Platform, or by updating the "Last Updated" date above. Your continued use of Fairy Burst after the effective date of any revised Terms constitutes your acceptance of the new Terms.
12. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any dispute arising from or relating to these Terms or the Game shall be resolved exclusively in the state or federal courts located in Delaware, USA. You agree to waive any objection based on improper venue or forum non conveniens. For claims under $10,000 (excluding attorneys' fees), either party may elect to resolve the dispute through binding arbitration under the rules of the American Arbitration Association.
13. General Provisions
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and SUNNY DAY INTERACTIVE INC. regarding the Game and supersede any prior agreements. You may not assign any of your rights or obligations under these Terms without our prior written consent.
14. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, the Game, or our privacy practices, please contact us at:
SUNNY DAY INTERACTIVE INC.
Email: SalinaMekitarian757@gmail.com
Business Address:
8 The Green STE B,
Dover, DE 19901,
United States
For TikTok platform-related inquiries, you may also reach us through the TikTok Developer Portal.