Last Updated: 25/04/2024
This End-User License Agreement (“EULA”) is a legal agreement between you and Publisher (“we”, “us” or “our”) which governs your use of the Publisher’s Apps. By installing or otherwise using the Publisher’s Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Publisher’s App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Publisher’s App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Publisher’s App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Publisher’s App shall constitute reasonable means. Your continued use of the Publisher’s Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Publisher’s Apps. Do not use the Publisher’s Apps until your questions and concerns have been answered in this document to your satisfaction and you agree to abide by the EULA.
NOTICE TO CONSUMERS: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
Use of the Publisher’s Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Publisher’s Apps. The Publisher’s Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Publisher’s Apps if you download or install the Publisher’s Apps through such marketplaces.
You must be 4 years of age or older to install or to use the Publisher’s Apps. If you are at least 4 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Publisher’s Apps for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an Publisher’s App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this EULA, do not let your child use the Publisher’s Apps or associated features.
Subject to your compliance with the terms and conditions of this EULA, Publisher grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Publisher’s Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Publisher’s Apps or use the Publisher’s Apps for the benefit of any third party. Unless expressly authorized by Publisher or permitted under the applicable mobile platform terms, you are prohibited from making the Publisher’s Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Publisher’s Apps, except to remove Publisher’s Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Publisher’s Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Publisher’s Apps in any way. You do not have the right to and may not create derivative works of any Publisher’s Apps or any portions thereof. All modifications or enhancements to the Publisher’s Apps remain the sole property of Publisher.
Publisher’s Apps Updates. We reserve the right to add or remove features or functions to existing Publisher’s Apps. When installed on your mobile device, the Publisher’s Apps periodically communicate with our servers. We may require the updating of the Publisher’s Apps on your mobile device when we release a new version of the Publisher’s Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Publisher’s Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Publisher’s Apps may be ended upon the availability of updates, supplements or subsequent versions of the Publisher’s Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Publisher’s Apps.
Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Publisher’s Apps. If you access an Publisher’s App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Publisher’s Apps from your device. Downloading, installing or using certain Publisher’s Apps may be prohibited or restricted by your network provider and not all Publisher’s Apps may work with your network provider or device. Publisher makes no representation that the Publisher’s Apps can be accessed on all devices or wireless service plans. Publisher makes no representation that the Publisher’s Apps are available in all languages or that the Publisher’s Apps are appropriate or available for use in any particular location.
In-App Purchases & Cancellation Rights. Certain Publisher’s Apps will allow you to make an in-application purchase. Payment for such purchases may be processed third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple). By confirming the purchase , you:
• (a) agree that we will supply you the purchased service or item immediately after you have confirmed the purchase in the Publisher’s App;
• (b) if you reside in the European Union, you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the service or item; Please review the mobile platform owner’s terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app.
• and (c) acknowledge that, to the extent permitted by law, all sales are final and that Publisher is not required to provide a refund for any reason.
• Certain Publisher on the Apple App Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple).