This end user license agreement for the mobile application (the “Agreement”) is a legal agreement between you, any natural person or legal entity (hereinafter - “End User” or “You”), and Travel And Play (hereinafter - “Company” or “We” and together with the End User – “Parties”), relating to the use of our mobile application and any associated online or electronic documentation (mobile application with electronic documentation hereinafter are referred as “Mobile Applications” in the terms of the Agreement). All intellectual property rights associated with the Mobile applications and all copies thereof (including, without limitation, any titles, computer code, themes, objects, characters, character names, stories, dialogs, slogans, places, concepts, artwork, structural components or landscape design, animation works, moral rights, and any related documentation above), are the intellectual property of the Company or transferred under license by the respective right holders.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING ANY GAME MOBILE APPLICATIONS. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME MOBILE APPLICATIONS AND/OR BY CLICKING THE "DOWNLOAD"/"BUY" BUTTON OR LINK FROM YOUR MOBILE DEVICE OR ON THE WEB SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN PLEASE DO NOT DOWNLOAD ANY MOBILE APPLICATIONS AND/OR PLEASE TERMINATE THIS AGREEMENT IMMEDIATELY BY REMOVING ALL MOBILE APPLICATIONS FROM YOUR MOBILE DEVICE.
Whether you agree, and subject to continued compliance with the Agreement the Company grants and the End User accepts a personal, limited, revocable, non-transferable, non-exclusive license for the installation of the Mobile application to use thereof in non-commercial entertainment purposes.
2. LICENSE RESTRICTIONS
2.1. Any use of the mobile application in violation of license restrictions will be considered as violation of the Agreement and will cause proper liability.
2.2. By installing the Mobile applications the End User agrees with the following restrictions:
- not to copy or reproduce in whole or in part, translate into another language, redesign, extract the source code, modify, disassemble, decompile, or create any derivative works based on the Mobile application, not to remove proprietary notices or service and trademarks of the Mobile application;
- not to rent, lease, resell, license, distribute or otherwise transfer the Mobile application to third parties;
- not to use the Mobile application in purposes of copyright infringements or with intent to violate other intellectual property rights of third parties in any form;
- not to use the Mobile application in order to invade the privacy or obtain personal information (including, but not limited to IP address) of any user, not to record or edit, delete, or damage any information contained in the user's computer;
- not to remove, disable, damage or otherwise interfere with security-related features of Mobile applications, features that prevent or restrict use or copying of any content accessible throughMobile applications or functions that enforce limitations on the use of Mobile applications for mobile devices.
2.4. If the End User is a natural or legal person, whose legal status is determined not by the Russian law, but by the law of another state, the End User also should observe all the license restrictions fixed in the legal system of that state. If the End User does not observe such rules, the Company is not liable for this.
3. TERMS OF PAYMENT
3.1.The Company distributes free Mobile applications, paid Mobile application and Mobile Applications with in-app products (in-app purchase).
3.2. If the End User has once downloaded the paid Mobile application and made payment for it, the End User is entitled to download this Mobile application again without additional payments.
3.3.The Company affords the technical support to the End User of the Mobile application free of charge.
4. END USER CONTENT
4.1. The End User is responsible for the content such as commentary, ratings, reviews, invitations, messages, and information that you publicly display or displayed using the Mobile application. Once published, it cannot be withdrawn by the End User. The End User assumes all risks associated with such content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes the End User personally identifiable. The End User does not imply that the content is in any way sponsored or endorsed by the Company.
4.2. The End User will be rejected if, for example, the End User’s content includes material that is false, intentionally misleading, objectionable or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
4.3. The End User may report or flag other user’s content that can be interpreted as intentionally misleading, objectionable or defamatory or violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, or violates or advocates the violation of any law or regulation.
4.4.The Company reserves the right to remove the End User’s content at the Company’s sole discretion and without notice to the End User. For example, the Company will remove the End User’s review, commentary if the Company believes it violates the terms of the Agreement.The Company has no obligation to retain or provide the End User with copies of the End User’s content, nor does the Company guarantees any confidentiality with respect to the End User’s content.
5.1. Unless otherwise agreed in a separate agreement between the End User and the Company the Agreement is effective for the entire period of the Mobile application copyright. Without prejudice to any other rights, the Company may terminate the Agreement in the event the End User fails to comply with terms hereof and without cause at any time at sole discretion. In case of the Agreement termination by cause of violation made by the End User the Company shall not grant you any proofs of such infringement.
5.2. After termination of the Agreement the End User must delete all copies of the Mobile application, all component parts thereof, and uninstall the Mobile application.
5.3. The End User may terminate the Agreement by deleting the Mobile application and accompanying documentation.
5.4. Sections 3.1 and 3.4 shall survive the termination of the Agreement for any cause, but this shall not imply or create any continued right to use the Mobile application after termination of the Agreement.
6. NO WARRANTY
The Mobile application, including text, graphics, images or other components is provided “as is” with all errors, without warranties of any kind, technical characteristics support and the End User agrees to use thereof at his or her own risk.The Company does not warrant the accuracy, adequacy or completeness of this information and materials, satisfactory quality and productivity, continuous use, fitness for a particular purpose and expressly disclaims liability for errors or omissions in information, materials and correction thereof.The Company grants no warranty of the End User’s satisfaction by the Mobile application, its compliance with the End User’s needs, compatibility of the Mobile application with any third party’s software, no warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus in the Mobile application in conjunction with the information and materials.The Company does not warrant for any third party‘s software products which may be supplied with or within the Mobile application.
7. LIMITATION OF THE COMPANY’S LIABILITY
7.2.The Company will never be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Mobile application or by reason of any failure of use thereof by any party, error, omission, interruption, defect, delay in software installation, computer viruses, even if the Company or representatives thereof, were advised of the possibility of such damages, losses or expenses. Also in no event will the Company be liable for any inaccuracies in advertisements of third parties-advertisers when you use the Company on the device.
7.3. In no event will the Company be liable for any damages caused by the financial relationship betweenthe End User and the third parties when using the Mobile Applications, and as result of unauthorized use of your account created during the Mobile Application installation.
7.4. When the End User obtains the paid Mobile application or makes in-app payments using the Mobile Application the only liability of the Company is restricted by the amount of payment received by the Company.
7.5. The total liability of the Company to any natural person or legal entity for any claims concerned to the Mobile Application, including claims for offense, indemnification, statutory and strict liability or otherwise, in case of their legality and validity shall not exceed the price of the Mobile Application – the amount of money, paid to the Company by the End User.
8.1. The End User agrees to indemnify, save, and hold the Company, its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of the Mobile Applications, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein.The Company reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company; and the End User agrees to cooperate with Company’s defense of these claims.
8.2. While the liability of the End User is not determined by the Agreement, the Russian law is applicable.
9. MISCELLANEOUS PROVISIONS
9.1. Survival of Provisions. The Disclaimer of Warranty, Limitations of Liability and Financial Liability sections are essential terms hereof and they will be in legal force in case of the termination of the Agreement.
9.2. Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the Company.
9.3. Governing Law. This Agreement will be governed by and construed in accordance with the Russian laws, without giving effect to any principles of conflicts of law.
9.4. Jurisdiction. The End User agrees any litigation from this Agreement will be sued in the courts of the Russian Federation in accordance with the Russian procedure legislation. 9.5. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by the End User, but may be assigned by the Company without restriction.
9.6. Changes and Amendments to the Agreement. The Company may make changes to the Agreement unilaterally without notice. The End User is liable for regular reviewing of updated terms of the Agreement. Effective updated Agreement is published on the Company’s official site: www.travelandplay.mobi
9.7. Contact information. On any questions arisen from the Agreement the End User can contact Company by the following e-mail: firstname.lastname@example.org