Effective as of March 1, 2016.
You are granted a non-exclusive, non-transferable, terminable, license to access and use our Services, provided you abide by these Terms.
Your permission to use the Services is conditioned upon the following Use Restrictions. You agree that you will not under any circumstances:
You are responsible for any internet connection or mobile data charges, costs, and fees you may incur while accessing or using the Services.
Some Applications may require you to pay a fee to install them, to unlock or install additional content, to disable advertisements, or to purchase digital goods for use within the Application (“Purchases”). License to access or use portions of our Applications requiring Purchases is granted only if you make such Purchases.
Purchases can only made through marketplaces to which we have published our Applications.
If you are under the age of 18, you must get permission from your parent or legal guardian before making any Purchases.
You agree to be responsible for the cost of all Purchases made from your mobile account and/or your mobile device. You agree to take reasonable precautions to prevent third parties from making unauthorized purchases on your mobile device.
Refunds will be issued only on a case-by-case basis, and at the sole discretion of the Company.
From time to time, we may release updated versions of our Applications or make changes to the Website. Application updates may include, but are not limited to: fixes for errors, improvements to performance, additional features or content, changes to scoring or gameplay rules, modifications to advertising and/or monetization options, improving device compatibility.
Depending on your device settings you may automatically receive these updates. Please consult your device documentation for further information.
We may, as our sole discretion and for any reason, remove an Application from publication. This will not remove the Application from your device, but you will not be able to install the Application on further devices or reinstall the Application if you uninstall it.
As part of our Services, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to users of our Services. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and we are not responsible for any Third Party Sites accessed through our Website or any Third Party Applications, Software or Content posted on, available through or installed from our Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company If you decide to leave our Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Website or relating to any applications you use or install from the site.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided by our Services infringe upon your copyrights, you may submit a notification by sending the following information in writing via email to the Company's designated copyright agent at firstname.lastname@example.org
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to our Services, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on our Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
We do not read or respond to unsolicited ideas.
If you act in any manner inconsistent with the Terms set forth in this Agreement, your license to use our Services is terminated and you must immediately discontinue use.
You agree that communications made to the Company by email will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING OUR SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, APPS, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM OUR SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE OUR SERVICES; (B) OUR SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE OUR SERVICES AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISPUTES WITH THE COMPANY IS TO DISCONTINUE USE OF OUR SERVICES. YOU AGREE THAT THE COMPANY’S TOTAL LIABILITY FOR ANY DISPUTE WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF OUR SERVICES AND RELEASE THE COMPANY FROM ANY CLAIM IN EXCESS OF THIS AMOUNT. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.