AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site («Submissions») provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Epicat may license to you certain virtual goods to be used within the Service and which you may purchase with real cash or which you may earn or redeem via gameplay (“Virtual Items”). Virtual Items are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Epicat may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited, except where expressly authorized in the Services, if any.
Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Neither Epicat nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Epicat has no liability for hacking or loss of your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.
Subject to mandatory legislation, you agree that Epicat is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these Agreement was voluntary or involuntary.
YOU ACKNOWLEDGE THAT EPICAT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
- 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).
- The subscription automatically renews for the same price and duration period as the original weekly/monthly/yearly plan unless auto-renew is turned off at least 24-hours before the end of the current period.
- The payment will be charged to your iTunes Account when you confirm the purchase.
- Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple). See below in paragraph 6 (“Trial Periods“) for further information.
- You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes account (open your device settings and tap iTunes & App Store > Apple ID > View Apple ID > enter the password > Subscriptions > Assembly > Cancel Subscription button at the bottom.
). The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 (“In-App Purchases & Cancellation Rights“) for further information. If you want to know more about this, please go to http://support.apple.com/kb/ht4098
- You can switch subscription plan anytime. Just open your device settings and tap iTunes & App Store > Apple ID > View Apple ID > enter the password > Subscriptions > AppName > select the subscription plan you are after.
- Any unused portion of a free trial period will be forfeited when the user purchases our subscription.
- Certain of our subscription services on the Apple App Store may from time to time be offered for a fixed period of time on a free-trial basis.
- You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes account.
- Weekly free trial automatically converts to a paid weekly subscription unless auto-renew is turned off at least 24-hours before the end of the trial period. From that point onwards, subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple).
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL EPICAT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR EPICAT’S PRIVACY PRACTICES, ANY GAME, EVEN IF EPICAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EPICAT’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR EPICAT’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID EPICAT IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL EPICAT’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using a Game from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Games from the Apple Application Store.
EPICAT and you acknowledge that this Agreement is concluded between EPICAT and you only, and not with Apple, and EPICAT, not Apple, is solely responsible for Game and the content thereof. To the extent this Agreement provides for usage the rules for Game that are less restrictive than the Usage Rules set forth for Game in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
- Scope of License
The license granted to you for Game is limited to a non-transferable license to use Game on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
- Maintenance and Support
EPICAT is solely responsible for providing any maintenance and support services with respect to Game, as specified in this Agreement (if any) or as required under applicable law. EPICAT and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Game.
EPICAT is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Game to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Game to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be EPICAT’s sole responsibility.
- Product Claims
EPICAT and you acknowledge that EPICAT, not Apple, is responsible for addressing any claims of you or any third party relating to Game or your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit EPICAT’s liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights
EPICAT and you acknowledge that, in the event of any third-party claim that Game or your possession and use of Game infringes the third party’s intellectual property rights, EPICAT, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance
You represent and warrant that (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address
EPICAT’s contact information for any end-user questions, complaints or claims with respect to Game is set forth in Section 9.2.
- Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using a Game.
- Third-Party Beneficiary
EPICAT and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at firstname.lastname@example.org