TERMS OF SERVICE
(For EU Residents)
(Effective Date: October 1st, 2019)
EACH TIME YOU USE OR ACCESS AN APPLICATION, YOU AGREE TO BE BOUND BY THESE TOS AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS
AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, DO NOT USE OR ACCESS THE APPLICATIONS. YOUR CONTINUED ACCESS AND USE OF ANY APPLICATION SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, AS THEY MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.
In some instances, both these TOS and separate terms of service, rules, policies or guidelines set forth additional conditions that may apply to an Application, including, without limitation, the Apple iTunes Store Terms and Conditions, the Google Play Terms of Service, Google Terms of Service, Google Business Play Program and Policies and any applicable SNS terms and conditions (collectively, the "Additional Terms"). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.
Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in immediate (without notice), automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.
2. IP OWNERSHIP
3. ACCOUNT, FEES, AND REFUNDS
You may currently access the Applications without establishing a user account ("Account"). We may, however, in the future, require Application users to register and establish an Account. You must pay the applicable fee for each Application and any available Virtual Items. Where applicable and subject to the applicable payment terms and conditions, you can order Virtual Items by visiting the purchase page in the Application, provide your credit card, PayPal or other applicable billing method information. In addition to the foregoing, you hereby acknowledge and agree that you shall solely be responsible for and bear all telecommunication expenses, including, telephone charges, Internet connection charges, and electricity charges, arising out of your access and use of the Applications. Subject to technical problems and revisions to payment policies which may be instituted by the Company and partners at any time without notice, you may pay for any applicable fees and other charges by major credit card or such other methods expressly authorized in writing by the Company and its partners. Any dispute arising between you and any third-party payment provider (including a credit card company) shall be resolved directly between you and such third-party provider. Under no circumstances shall Company be liable for any obligations incurred by you to such third party provider in connection with your access and use of the Applications. You agree to indemnify, defend and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses, and expenses, including reasonable attorneys’ fees, from third parties arising from such dispute.
You have the right to cease accessing and using any Application at any time. You understand and agree that unless otherwise expressly provided for in this TOS, the cessation of access and use of the Applications is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this TOS or the Company’s enforcement or application of this TOS, (ii) the Company Materials and other content available through the Applications, (iii) your ability to access and/or use the Applications and/or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
Moreover, no online time or other credits will be provided to you or converted to cash or other form of reimbursement, and you will have no further access to the subject Applications (including all Virtual Items). Moreover, you will not have the right to transfer, sell, or assign any Virtual Items to anyone else. Under no circumstances shall Company be responsible for storing any User Content and other information following suspension, termination, modification, or deletion of your access to the Applications. We reserve the right to stop offering and/or supporting an Application at any time, at which time your license to access and use the specific Application will automatically be terminated without further action. In such event, we shall not be required to provide refunds, benefits or other compensation to you.
ALL FEES AND CHARGES YOU INCURRED IN PURCHASING VIRTUAL ITEMS ARE NON-REFUNDABLE. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE ANY MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN WE STOP OFFERING AND/OR SUPPORTING ANY APPLICATION AVAILABLE TO YOU.
4. USER CONTENT
You hereby grant to the Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, delete, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that the Company is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to the Company, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind. You further perpetually and irrevocably grant the Company the unconditional right to use and exploit your name, persona, and likeness included in any User Content and in connection with any User Content, without any obligations to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
5. ONLINE CONDUCT
You agree that you will be personally responsible for your access and use of the Applications and for all of your User Content and online activity in connection with the Applications, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses, and expenses, including reasonable attorneys’ fees, from third parties arising from such use, User Content and activity. Specifically, you agree to comply with these TOS, all applicable laws, rules, and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:
If you encounter another user who is violating any of the items described in the Online Conduct list above, please report them to support.warpportal.com.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATIONS AND THE INTERNET IS AT YOUR SOLE RISK. THE APPLICATIONS, THIRD-PARTY SERVICES, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE APPLICATIONS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATIONS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATIONS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE APPLICATIONS IS AT YOUR OWN DISCRETION, AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE.
8. LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE APPLICATIONS. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE APPLICATIONS OR THE ACCESS OR USE THEREOF. MOREOVER, IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS', AFFILIATES’, EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "COMPANY AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR THE SUBJECT APPLICATION. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR ACCESS AND USE OF ANY APPLICATION, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OF OR USERSHIP, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ANY APPLICATION AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9. LINKS WITH OTHER SITES
For the convenience of our user, an Application may provide certain links to websites provided by third parties. The Company is not responsible for the content of any other website linked to or from an Application. If you link to another website, you leave the subject Application, and you do so entirely at your own risk. The Company provides links from an Application to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other website. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.
11. GOVERNING LAW
You are solely responsible for your interactions with other users of the Applications. If you have a dispute with one or more users of any Application, you release us (and its licensors, affiliates, employees, officers, directors, contractors, agents, third party suppliers, licensors and third-party partners) from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in connection with such disputes.
12. INJUNCTIVE RELIEF
You acknowledge that the rights granted, and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
13. VOID WHERE PROHIBITED
The information provided through the Applications are not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Applications is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. Because you access or use the Applications from a jurisdiction outside the State of California, you are responsible for compliance with all applicable local laws.
14. COMPLAINTS, NOTICE AND CONTACT INFORMATION
The Company takes claims of infringement of intellectual property rights and violation of rights of privacy or publicity very seriously. If you believe that any of the material that is or was in any Application infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us at support.warpportal.com.
In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Applications or these TOS, or such other method of notice the Company deems appropriate. Where Company decides to give such notice, any access or use of any Applications after delivery of such notice constitutes acceptance by you of the noticed action.
The Applications may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Applications as well as end-user, end-use, and destination restrictions issued by national governments. The Applications are controlled under ECCN 5D992.b.1 of the Export Administration Regulations ("EAR") per CCATS # G047973 and thus may not be exported or re-exported to or downloaded by any person in any countries controlled for anti-terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria, and Sudan. EAR 742.15(a), Title 15 Code of Federal Regulations. Moreover, the Applications may not be exported or re-exported to or downloaded by any person or entity subject to US sanctions regardless of location. The Company is making the Application available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of United States export control and sanctions regulations. The Applications and related documentation are "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication, or disclosure of the Applications or related documentation by or on behalf of the United States Government is subject to restrictions as set forth in these TOS.
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If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about the Applications, please contact us via e-mail at support.warpportal.com.
© 2019 Gravity Interactive, Inc. All Rights Reserved.
GRAVITY INTERACTIVE, INC.