Terms of Use

The short version: Shelem is a game for fun. Play fairly, don’t misuse the app, and understand that it’s provided as it is.

Please read these Terms carefully. If you live in the United States, Section 14 contains a binding arbitration agreement and class-action waiver that affect your legal rights. You may opt out of arbitration as described in Section 14.7.

1. Agreement to These Terms

These Terms of Use (“Terms”) are a binding agreement between you and Black Balloon LLC (“Black Balloon,” “we,” “us,” or “our”). They govern your use of the Shelem app for iPhone and iPad, this website, and related features (together, the “Service”). By downloading, installing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility

You must be able to form a binding contract to accept these Terms. If you are under the age of majority where you live, you may use the Service only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Service.

3. The Service

Shelem is a card game you can play against the computer or with other people through Apple’s Game Center. The Service is for your personal, non-commercial entertainment. There are no bets, prizes, or real money in Shelem, and you may not use it for gambling.

4. Playing with Other People

4.1 Game Center. Online play uses Apple’s Game Center, which Apple provides under the Apple Media Services Terms and Conditions. We do not control Game Center and are not responsible for its availability or for how Apple handles your Game Center account.

4.2 Your name. The name you enter in Shelem is shown to the other players in your online games. Choose a name that is not offensive and does not impersonate anyone else.

4.3 Connections. Online games depend on every player’s connection. If a player disconnects, the app plays their seat until they return, but we cannot guarantee that every game will finish.

5. Acceptable Use

You agree not to, and not to help anyone else to: (a) cheat, exploit bugs, or use unauthorized software or methods to gain an advantage; (b) harass, threaten, or abuse other players; (c) use offensive names or impersonate any person; (d) disrupt, overload, or interfere with other people’s games or with the Service; (e) copy, modify, reverse engineer, decompile, or create derivative works of the app, except where the law expressly allows it; (f) access the Service by automated means; (g) use the Service for gambling or any commercial purpose; or (h) violate any law.

6. Our Intellectual Property and Your Licence

The Service, including its software, design, artwork, and trademarks, is owned by Black Balloon or its licensors. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to use the app on Apple devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Shelem itself is a traditional card game, and its rules belong to everyone. If you send us feedback or suggestions, we may use them without any obligation to you.

7. Purchases

If you pay for the app, the purchase is processed by Apple under Apple’s terms, and refunds are handled by Apple.

8. Changes to the Service

We may update, change, or discontinue the Service, or any part of it, at any time. Some features may require the latest version of the app or of iOS or iPadOS.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, BLACK BALLOON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT GAMES IN PROGRESS OR GAME RECORDS WILL NOT BE LOST. Some jurisdictions do not allow these exclusions, so some may not apply to you.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BLACK BALLOON AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR US $100. These limits do not apply to liability that cannot be limited by law.

11. Indemnity

You will defend, indemnify, and hold harmless Black Balloon and its affiliates and personnel from claims, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Service or your violation of these Terms or of law.

12. Termination

You may stop using the Service at any time by deleting the app. Your licence ends automatically if you violate these Terms. Sections 6 and 9 through 17 survive termination.

13. Changes to These Terms

We may update these Terms. We will post the updated Terms on this page and change the “Last updated” date. For material changes, we will give notice on this website or in an app update before they take effect, and continued use after the effective date means you accept the changes. Changes to Section 14 will not apply to disputes already pending.

14. Dispute Resolution; Binding Arbitration; Class-Action Waiver

This Section applies if you live in the United States.

14.1 Informal resolution first. Before starting any proceeding, you and Black Balloon agree to send a written notice describing the claim and the relief requested (to shelem@blackballoon.xyz for Black Balloon) and to make good-faith efforts to resolve it within 60 days. This is a condition precedent to arbitration or suit; limitation periods are tolled during this process.

14.2 Arbitration. Except as stated below, any dispute, claim, or controversy relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its consumer rules then in effect. The Federal Arbitration Act governs this Section.

14.3 Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for intellectual-property infringement or misuse.

14.4 Class-action waiver. YOU AND BLACK BALLOON MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only on an individual basis.

14.5 Mass arbitration. If 25 or more similar demands are filed by or with the assistance of the same or coordinated counsel, they will be administered in batches of up to 50, with the remaining demands held in abeyance and filing fees deferred until each batch is resolved, and the parties will cooperate in good faith on a global resolution.

14.6 Costs. Black Balloon will pay arbitration filing and administrative fees beyond what you would pay to file in court, unless the arbitrator finds the claim frivolous.

14.7 30-day opt-out. You may opt out of this Section 14 by emailing shelem@blackballoon.xyz within 30 days after first accepting these Terms, with your name and a clear statement that you opt out.

14.8 Severability. If the class-action waiver is found unenforceable as to a claim, that claim must be severed and brought in court, and stayed pending arbitration of the remaining claims.

15. Governing Law and Venue

These Terms are governed by the laws of the state in which Black Balloon LLC is organized, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 14. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located where Black Balloon LLC has its principal place of business, and you consent to their jurisdiction. Nothing in these Terms limits rights you have under the mandatory consumer laws of the place where you live.

16. Apple App Store Terms

Because you downloaded the app from Apple’s App Store: (a) these Terms are between you and Black Balloon only, not Apple; (b) Apple has no obligation to provide maintenance or support for the app; (c) if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any), and Apple has no other warranty obligation; (d) Apple is not responsible for addressing any claims relating to the app, including product liability, legal or regulatory compliance, or consumer protection claims; (e) Apple is not responsible for any third-party claim that the app infringes intellectual property rights; (f) you represent that you are not located in a country subject to a U.S. Government embargo or on any U.S. Government prohibited-party list; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. General

These Terms and our Privacy Policy are the entire agreement between you and Black Balloon about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We may give notices on this website or in the app. California users: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

18. Contact

Questions, support, and legal notices: shelem@blackballoon.xyz.