Appyfurious - Terms

END USER LICENSE AGREEMENT

Date: July 03, 2021

This End User License Agreement (EULA) is a valid agreement between You and the Company (not Platform).

Please, read this EULA carefully. The rules of the EULA are binding upon You. If You do not agree to be bound by the rules of the EULA, please, do not install the Game or delete it from Your Device, if You have already installed it.

If You continue to use the Game, this will mean that You have read and understood the EULA and agree to be bound by it.

DEFINITIONS AND TERMS
In order to understand the rules of the EULA clearly You shall familiarize Yourself with the meaning of the terms used in the EULA. In this EULA the following terms, when capitalized, shall have the meanings stated below:
1. “Account” – means a personal account of a user of the Platform services, which is provided by the Platform Administrator under the Platform Terms of Use or similar document. The Account is accessed with a Platform ID (account name) and a password.
2. “App Store” – means a virtual store (platform) managed by Apple for distribution of applications for devices running iOS operating system.
3. “Apple” – means Apple, Inc., a company incorporated in California, the United States of America, any parent or group company or any successor thereof that manages App Store.
4. “Game”, “App”, “Application” – mean “Mergenton Stories” application for a mobile device that We make available on the Platform, as well as any services provided through the Application.
5. “Company”, “We” – mean Appyfurious LLC (Apafurius OOO), a company incorporated in the Republic of Belarus at the following address: ul. Ponomarenko 6A, office 2, Minsk 220015, Belarus.
6. “Content” – means all kinds of content, including, among other, data, texts, images, videos, sounds, links, software and other pieces of information in any form, which are made available to You through the App.
7. “Device” – means a smartphone, a tablet or another similar mobile device that You either own or otherwise legally control for Your personal non-commercial use.
8. “EULA” – means this End User License Agreement, which is a binding agreement between You and the Company. The EULA may incorporate other documents (e.g., Privacy Policy) that regulate relations between You and Us with regard to using the Game. If a document represents a part of the EULA, it has a clear indication thereof.
9. “Google” – means Google Inc, registered in Delaware, USA with the headquarters located at the address: 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Google Ireland Limited registered in Ireland with the headquarters located at the address: Gordon House, Barrow Street, Dublin 4, Ireland; Google Commerce Limited registered in Ireland with the headquarters located at the address: Gordon House, Barrow Street, Dublin 4; as well as Google Asia Pacific Pte. Limited registered in Singapore with the headquarters located at the address: 8 Marina View, Asia Square 1 #30-01, Singapore 018960.
10. “Google Play” – means a virtual store (platform) managed by Google for distribution of applications for devices running Android operating system.
11. “Game Supplemental Functionality” – software codes processed on an electronic device as a part of the Game and intended to provide You with additional functions of the Game. The Game Supplemental Functionality operates in the form of In-game Goods posted to a game account of the User for a fee.
12. “Intellectual Property Rights” – means, collectively, rights under any patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
13. “In-game Goods” – software codes processed on an electronic computing machine as in-game objects that the User acquires while performing certain actions within the Game or for a fee. In-game Goods can be used within the Game exclusively; they have no real value and cannot be exchanged for non-game (“real”) currency or non-game (“real”) property. In-game Goods include, among other things.
14. “Platform” – Google Play (for users who use the Application on a Device running Android operating system) or App Store (for users who use the Application on a Device running iOS operating system).
15. “Platform Administrator” – Google (for Google Play virtual store) and Apple (for App Store virtual store).
16. “Subscription” – means a period, during which You use the App as a whole or its certain additional Content for a fee.
17. “User-generated Content” – means any form of Content, including, among other, data, texts, images, videos, sounds, links, that have been posted by users to online platforms, for example, social networks (e.g. Instagram, Facebook).
18. “You”, “User” – mean an individual using the App.
LEGAL CAPACITY AND AGE
1. The Game is designed for users over 16. If You install the App, You confirm that You are at least 16 years old and have full legal capacity to enter into the Agreement.
2. If You are between 16 and 18 years old, Your parent, guardian or other representative of legal age has to check and agree to this EULA on Your behalf. If You install and/or use the App, You confirm that Your parent, guardian or other representative of legal age has agreed to the terms of this EULA and permits You to use the App.
3. You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
4. You represent and warrant that You are not listed on any U.S. Government list of prohibited or restricted parties.
WARNING FOR PARENTS / GUARDIANS
1. The Game does not contain any objectionable content (such as violence, frightening scenes, scenes of sexual behavior, etc.).
2. The Game is devoted to adventures of Eve the vampire, therefore the Game contains fictional characters of fantasy and mythological origin (such as vampires, werewolves, etc.).
3. The Game offers the Game Supplementary Functionality, which is provided to the User upon his/her request for a fee (in-app purchase). The User is not obliged to use the Game Supplementary Functionality; in this case no money will be debited to the User’s account.
4. By downloading and using the Game the User confirms that he/she is eligible to use the Game, including the Game Supplementary Functionality. Parents/guardians of a User, who is under legal age, shall control his/her use of the Game (as well as the Game Supplementary Functionality).
5. The Company shall not be liable for any actions of the User within the Game, including use of the Game Supplementary Functionality.
CHANGES OF THE EULA
1. We may introduce changes to this EULA from time to time. You shall regularly check the latest version of the EULA at the link, available on the web-page of the App in the Platform.
2. If You do not agree with the terms of the updated EULA, You are not allowed to use the Game starting from the day, on which the updated EULA takes effect. In this case You shall delete the App from all Your Devices.
DEVICE
1. If You intend to download onto and/or run the App on any Device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with this EULA whether You own the Device or control it.
2. You are allowed to install and/or use the App only through Your Account.
3. If You use the Device together with other people, please, make sure that nobody except You can use the Game from within Your Account. All actions taken in Your Account are considered Your actions in disregard of who actually takes such actions. You are fully responsible for all actions taken in Your Account.
4. If You decide to sell to a third party or otherwise dispose of the Device, You shall delete the Game from the Device before doing so.
INTELLECTUAL PROPERTY
1. We hereby grant You a nontransferable license to use the Game on any Device that You own or control and as permitted by the Usage Rules. Please, take into consideration that the App is licensed, not sold, to You.
2. Except as provided in the Usage Rules, You may not distribute or make the Game available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Game. Please, take into consideration that the Game may be accessed and used by other Accounts associated with You via Family Sharing or volume purchasing.
3. You may not copy (except as permitted by this EULA and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Game).
4. The Company or the licensor of the Company is the only holder of Intellectual Property Rights with regard to the Game. The Company retains all rights, title and interest in and to the App and reserves all rights not expressly granted to You in this EULA.
5. You may not use any automatic or manual device or process to interfere with the proper working of the App.
6. You may not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App.
7. The Company and You acknowledge that, in the event of any third party claim that the Game or Your possession and use of the Game infringes that third party’s Intellectual Property Rights, the Company, not Platform Administrator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
UPDATES
1. We may, though not obliged, update the App from time to time, making such updates, supplements or new versions of the App available to You. If We release an update (including a new version of the App) We may request You to update the App. The update may be downloaded and installed automatically or on the basis of Your consent depending on the updates settings of Your Device.
2. The content of any update, supplement or new version of the App is determined exclusively by the Company. Under no circumstances do We accept any orders, requires or requests for further development of the App. We reserve the right to modify or discontinue any part, or function, or feature of the App at Our own discretion with or without a prior notice.
3. If We introduce certain features or functions of the App, We may need to set certain rules for using such features or functions. In this case We will introduce changes to the EULA that will take effect on the day when such features or functions are released.
COMPANY’S RIGHTS
1. The Company is entitled to limit the Game functionality fully or partially at its sole discretion (including, but not limited to deleting the Game from the Platform). The Company is not obliged to notify the User of any limitation of functionality and is not liable for any damage caused to the User as the result of limitation of the Game functionality.
2. The Company is entitled to process information about the User’s activity within the Game (including, but not limited to, actions taken and objects collected within the Game, in-game progress, use of Game Supplementary Functionality).
3. The Company is entitled to change at its sole discretion any and all Game parameters (as well as characteristics of In-game Goods).
FEES AND PURCHASE TERMS. TRIAL PERIOD
1. The App as a whole or its certain part (additional Content) is provided on a paid subscription basis. The fee may vary depending on the period of the Subscription duration.
2. A Subscription may be purchase directly from within the App, in which case it is the Platform Administrator, who collects money on our behalf.
3. The cost of all Subscriptions and In-game Goods is available to You within the Game.
4. When You purchase a Subscription or In-game Goods, the Platform Administrator charges Your Account and collects money on Our behalf. The payment is processed by a payment processing system implemented by the Platform Administrator.
5. Please, kindly notice that We neither process Your payment nor have any access to Your payment information, such as, among other, Your bank card data, Your name or any other related information.
6. Please, kindly notice that We do not make refunds. The digital content is made available to You immediately after the Subscription fee is charged to Your Account.
7. The App provides for a free 3-day trial period. You may use the App or its additional Content free of charge during this period. Please, take into consideration that at the end of the trial period it will automatically transform into a paid Subscription for the shortest period available and Your Account will be charged for the cost of such Subscription, unless You cancel the Subscription through the subscription settings of Your Account at least 24 hours prior to the end of the free trial period.
AUTOMATIC RENEWAL OF SUBSCRIPTION. CANCELLATION OF SUBSCRIPTION
1. The Subscription will renew automatically for the same period at the end of the Subscription term at the cost of the chosen package. Your Account will be charged for the renewed Subscription within 24 hours prior to the end of the current Subscription. If You cancel automatic renewal within the last 24 hours of the Subscription, such cancellation will take effect at the end of the new Subscription.
2. You may cancel renewal of the Subscription at least 24 hours before the end of the Subscription: in this case the App as a whole or its additional Content will be available to You until the end of the Subscription. After that the Subscription will not be renewed automatically.
3. In order to cancel automatic renewal of the Subscription, please, follow the instructions:
4. If You uninstall the App, Your Subscription will not stop automatically. You must cancel automatic renewal of Your Subscription in order not to be charged with the cost of the new Subscription.
LINKS TO EXTERNAL SITES AND SERVICES
1. The App may contain links to external sites and services (for example, applications for mobile devices). If You decide to visit and/or use such external sites and services, You do this at Your own risk. Under no circumstances shall We be responsible for the content of such sites and services. We cannot guarantee that these sites and services will be available for You or that Your use of such sites and services will be safe.
2. This EULA does not regulate Your relations with owners and/or administrators of such external sites and services. Please, check an end user license agreement, terms of service, privacy policy or any other related document that regulates usage of external sites and services.
DISCLAIMER
1. To the fullest extent permitted by applicable law, We and Our affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, express or implied, as to the accuracy, adequacy or completeness of any of the information contained in Our Apps or created by the services.
2. The Content in Our Apps is provided to You on an “as is” basis, without any warranties as to merchantability or fitness for a particular purpose or use. We do not guarantee that You will attain any anticipated result from the use of the Apps
3. We make no warranty that the App will meet Your requirements.
4. We make no warranty that the App will be error-free, secure, or uninterrupted.
5. We make no warranty that any App functionality errors will be corrected.
6. We make no warranty that the quality of the App will meet Your expectations.
7. Any third-party service downloaded or otherwise accessed through the use of Our Apps is at Your own discretion and risk and We shall have no responsibility or liability for any errors or omissions. We are not responsible for any damages, whether direct or indirect, special or consequential, suffered by You or by any other person from the use of the Apps, even if You have been advised of the possibility of such damages. No advice or information, whether oral or written, obtained by You from Us or Our Apps shall create any warranty not expressly stated in the EULA. Under no circumstances shall Our liability or of any of Our affiliates pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by You for access to the Apps. Furthermore, We shall have no responsibility or liability for delays or failures due to circumstances beyond Our control.
8. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Game to conform to any applicable warranty, You may notify the Platform Administrator, and the Platform Administrator will refund the purchase price for the Game to You. To the maximum extent permitted by applicable law, the Platform Administrator will have no other warranty obligation whatsoever with respect to the Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
TRANSFER OF RIGHTS
1. We may transfer Our rights and obligations under this EULA to any other organization or individual without Your consent. We will ensure that the transfer will not affect Your rights under the EULA.
2. You may only transfer Your rights or Your obligations under this EULA to another person if We agree in writing.
YOUR VIOLATION OF THE EULA
1. We may end Your rights to use the App at any time by contacting You if You have violated the rules of this EULA in a serious way. If what You have done can be put right We will give You a reasonable opportunity to do so.
2. If We end Your rights to use the App, You must stop all activities authorized by this EULA, including Your use of the App, and You must delete or remove the App from all Devices and immediately destroy all copies of the App which You have and confirm to Us that You have done this.
THIRD PARTY BENEFICIARIES
1. Company and You acknowledge and agree that the Platform Administrator, andits subsidiaries, are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and conditions of the EULA, the Platform Administrator will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
EPILEPSY WARNING
1. Visual effects of the Game, especially flashes of light and ornaments may cause an epileptic seizure. A person may have an epileptic seizure even if a person has no medical history of epilepsy.
2. The User shall immediately stop using the Game and consult a medical professional if the following symptoms arise: sudden groundless anxiety or fear; involuntary body movements, tingling; auditory or visual hallucination; clouding of consciousness.
3. Parents (guardians) of the User, who is under the legal age, shall monitor his health while he/she is using the Game.
MISCELLANEOUS
1. Each of the paragraphs of this EULA operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
2. The Company, not the Platform Administrator, is responsible for addressing any claims of Yours or any third party relating to the Game or Your possession and/or use of that Game, including, but not limited to: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement.
3. We are solely responsible for providing any maintenance and support services with respect to the Game, as specified in the EULA, or as required under applicable law. The Platform Administrator has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
4. Even if We delay enforcing this EULA, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under this EULA terms, or if We delay taking steps against You in respect of Your breaking the EULA, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
5. This EULA shall be governed and construed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions.
6. If any dispute, controversy or difference arises between You and the Company, it shall be settled amicably through negotiations. In case such dispute, controversy or difference cannot be settled amicably through negotiations within a thirty 30-day period it shall be shall be settled by the American Arbitration Association (the AAA) in accordance with its International Expedited Procedures.
  - The number of arbitrators shall be one.
  - The place of arbitration shall be New York, New York, the United States of America.
  - The arbitration shall be held, and the award rendered, in English.
  - The appointing authority shall be the AAA acting in accordance with the rules adopted by the AAA for this purpose.
  - Each party (i.e. You and the Company) shall bear its own expenses, but the parties shall share equally the expenses of the arbitration tribunal.
7. Support. If You want to learn more about the App or have any problems using it, please, contact Us at [email protected].