Terms AND CONDITIONS.
Welcome to capsule colliders our IOS mobile application (our “Game”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Matthew Gleason of New Lenox, Will County, Illinois, USA, (“we”, “us”, or “our”) governing the use of our Game and our Services. We license use of our Game to you on the basis of these Terms. We do not sell our Game to you, and we remain the owner of our Game at all times.
1. TERMS AND CONDITIONS
1.1. The provisions set out in these Terms govern your access to and your use of our Game and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Game.
1.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Game on these Terms.
1.3. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Game or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
2. APPLE DEVICES LICENSE AGREEMENT
2.1. The following terms apply when you use our Game obtained from the Apple App store to access our Game:
2.1.1.the License granted to you for our Game is limited to a non-transferable License to use our Game on a device that utilizes the Apple iOS operating systems, as applicable, and in accordance with the usage rules set forth in Apple’s terms of service;
2.1.2.we are responsible for providing any maintenance and support services with respect to the Game as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
2.1.3.you must comply with applicable third-party terms of agreement when using the Game,
2.1.4.you acknowledge and agree that Apple is a third-party beneficiary of the terms and conditions in this License, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.
3. IN-APP PURCHASES
3.1. In-App Purchases require payment of fees before you can access or use them (“Fees”). These Fees will be notified to you through the Game and processes exclusively through Apple.
3.2. Any Fees due in relation to your In-App Purchases must be paid by their due date for payment, as notified to you.
3.3. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees.
3.4. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
3.5. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods and Apple. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method.
4. INTELLECTUAL PROPERTY
4.1. All Content included on the Game, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property, our affiliates or other relevant third parties. By continuing to use the Game you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
4.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Game unless otherwise indicated on the Game or unless given express written permission to do so.
4.3. You acknowledge that you have no right to have access to our Game in source code form.
5. NONEXCLUSIVE LICENSE
5.1. We grant you a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the Game solely as necessary for you to use the Service; and
5.1.1.you will not (and You will not allow any third party to)
5.1.2.copy, modify, adapt, translate or otherwise create derivative works of the Game;
5.1.3.reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Game, except as expressly permitted by the law in effect in the jurisdiction in which You are located;
5.1.4.rent, lease, sell, assign or otherwise transfer rights in or to the Game;
5.1.5.remove any proprietary notices or labels on the Game or placed by the Service;
5.1.6.use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Game; or
5.1.7.use data labelled as belonging to a third party in the Service for purposes other than use of the Game and Service.
6. PROHIBITED USES
6.1. You may use our Game only for lawful purposes. You may not use our Game:
6.1.1.in any way that breaches any applicable local or international laws or regulations including any online gaming laws;
6.1.2.in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.1.3.to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.2. You also agree:
6.2.1.not to reproduce, duplicate, copy or re-sell any part of our Game in contravention of the provisions of our Terms; and
6.2.2.not to access without authority, interfere with, damage or disrupt:
6.2.3.any part of our Game;
6.2.4.any equipment or network on which our Game is stored;
6.2.5.any software used in the provision of our Game; or
6.2.6.any equipment or network or software owned or used by any third party.
7. WARRANTIES
7.1. While we make all efforts to maintain the accuracy of the information on our Game, we provide the Services, Game and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
7.2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Game or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Game, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
8. TECHNICAL REQUIREMENTS
8.1. We attempt to keep our Game updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
8.2. You acknowledge that it is your responsibility to confirm and determine that the Game end-user device on which you intend to use our Game satisfies the technical specifications required.
8.3. We reserve the right to modify the technical specifications as it sees appropriate at any time.
9. LIMITATION OF LIABILITY
9.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Game and any Related Content. You expressly agree that your use of the Services and our Game, is at your sole risk.
9.2. You agree not to use the Services, our Game and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Game or any other website or software) for:
9.2.1.loss of profits, sales, business, or revenue;
9.2.2.business interruption;
9.2.3.loss of anticipated savings;
9.2.4.loss or corruption of data or information;
9.2.5.loss of business opportunity, goodwill or reputation; or
9.2.6.any other indirect or consequential loss or damage.
9.3. Nothing in these Terms shall limit or exclude our liability for:
9.3.1.death or personal injury resulting from our negligence;
9.3.2.fraud; and/or
9.3.3.any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
10. INDEMNITY
You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, legal expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Game, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
11. OTHER IMPORTANT TERMS
11.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
11.2. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
11.3. These Terms and any document expressly referred to in it constitutes the entire agreement between us.
11.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights.
11.5. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.6. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of the State of Illinois. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Illinois.