TERMS OF SERVICE
Last updated: 15 July, 2020
These Terms of Service define the relation with You (“User” or “You”) as you interact with our websites, games, apps and related services (“Services”).
We are APPLIFE LIMITED, a limited liability company registered in Republic of Cyprus under number HE 390348, having its address 3106, Maximou Michailidi, 6, Maximos Plaza, Tower 3, 4th floor, Office 401, Limassol, Cyprus (”AppLife”).
If You do not agree to be bound by these Terms of Service, do not access or use the Services.
These Terms of Service set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. You represent and warrant that all information disclosed to us in connection with these Terms of Service are true, accurate, and complete.
AppLife is a developer and publisher of games and mobile game applications. When downloading or purchasing games or mobile game applications from us, you may require to review and agree to the terms and conditions, as well as privacy policies of certain third party service providers as various stores for example, Google Play Store, Apple App Store etc.
ALL INFORMATION, SOFTWARE, AND SERVICES OFFERED BY APPLIFE ARE PROVIDED "AS IS". APPLIFE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
APPLIFE MAKES NO WARRANTY OR REPRESENTATION AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICES. APPLIFE MAKES NO WARRANTY OR REPRESENTATION THAT THE INFORMATION, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED. APPLIFE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES.
IN NO CASE SHALL APPLIFE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF APPLIFE INFORMATION) REGARDLESS OF WHETHER APPLIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED BY APPLIFE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR PROVIDE SPECIAL CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL APPLIFE 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, ANY GAME, EVEN IF APPLIFE 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, APPLIFE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID APPLIFE IN THE PRIOR 12 MONTHS (IF ANY).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES OR PROVIDE OTHER SPECIAL REGULATIONS, 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.
AppLife reserves the right at Your expense to assume the exclusive defense and control of any matter for which You are required to indemnify AppLife and You agree to cooperate with our defense in such claims. You agree not to settle any matter without the prior written consent of AppLife.
Services are designated exclusively for the private use by You acting as an individual.
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations and Your hereby warranty shall include Your representation the You will not use the Services from the jurisdiction that is subject to embargo imposed by US Government or/and responsible Authorities of European Union and that You are not listed on any restricted party lists of US Government or/and responsible Authorities of European Union.
You must be at least of the age specified in each Service we provide in order to be able to use our Services. If You are less than the aforementioned age, old but not yet 18 years old, Services are limited to You and You can only use our Services with your parent(s) or legal guardian having reviewed the terms hereby stated and having allowed You to use the Services.
Limitation of rights granted: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Service; (b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) You shall not access Service in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in Service.
Copyrights, trademarks, and all other proprietary rights shown in the content (including, but not limited to, software, services, text, graphics, and logos) are reserved to AppLife and protected by international copyright laws. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the site, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of AppLife is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
AppLife disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by AppLife "AS IS", without warranty of any kind, either expressed or implied.
The copyright or otherwise legally protected materials provided as part of the Service provided to You are licensed to You and not sold, which please note.
AppLife (and its licensors, where applicable) own all rights, title and interest, including without limitations any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by AppLife and/or received or made available while playing the games or developed during the course of the games, and all related intellectual property rights, in and to Services.
“Content” refers to all software (including without limitation all games, titles, and computer code), communications (including without limitation all stories, dialogues, concepts, documentation, and character profile information), images, sounds, audio-visual effects, accounts, Virtual Currency and Virtual Items, and material produced by AppLife and/or received or made available while playing the games or developed during the course of the games. Content also includes all feedback, comments, or suggestions that AppLife receives from you regarding the Services.
Unless otherwise expressly stated in writing, you understand and agree that all Content is owned, controlled, and/or licensed by AppLife. AppLife reserves the right to use all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction by or compensating you. AppLife reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights to and relating to its Services. You are not permitted to copy, redistribute, publish, create any derivative work from, or otherwise exploit our Content or any part of our Content in violation of AppLife’s and/or any other third party’s intellectual property rights. AppLife, its logos, game titles, and all related characters and elements are trademarks of AppLife and may not be used without its prior written consent.
THIRD PARTY CONTENT
Services may contain user generated content provided by other users of the Services. AppLife shall not be responsible for and does not control such content. AppLife has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to such content. Your use of other users’ content and any interaction with other users shall be solely at Your own risk. You agree that AppLife will not be responsible for any liability incurred as the result of any such interactions.
You shall accept and abide by the following:
You agree not to use any Service to upload, distribute, or otherwise use any User Content (a) that 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; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
You agree not to use any Service to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, post and/or make available to the public any other user’s personal information in the games and/or any game-related services without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to games (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the website or game or servers or networks connected to games (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any game.
You must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment when conducting online purchases with AppLife. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or if AppLife has reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, AppLife has the right to void related financial transactions, to revoke all associated software licenses acquired via such transactions, and to refer to appropriate authorities the details of such incidents.
AppLife’s mobile and social games may include virtual in-game currency (“Virtual Currency”), that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items”). Please note that AppLife does not handle and is not responsible for handling transactions acquiring Virtual Currency. All Virtual Currency transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency, you are bound by and agree to the third-party payment providers’ terms and conditions. In no way shall Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Transferring Virtual Currency or Virtual Items outside the Services is strictly prohibited.
PAYMENTS AND REFUNDS
When you purchase the Apps from any App Store, including subscriptions and in-app purchases (Virtual Items and Virtual Currency), the payment for such purchases may be processed either by third parties on our behalf, or directly by the owner of the App Store. When purchasing the Apps, including subscriptions and in-app purchases, you agree that the digital content will be available to you immediately, and acknowledge that you will lose your rights to the 14 days cancellation period and refunds available for EU and EEA residents. If you download the Apps from the Online Store owner, before effecting the purchase from the Online Store, please also review and accept the terms and conditions of the Online Store owner with regard to your rights to cancel orders and get related refunds. Thus, if You have any payment related issues, then You need to contact App Store or Google Play directly.
Please note that if You request Your personal data to be erased, You will permanently and without a right to a refund lose all Your Virtual Items and Virtual Currency as AppLife can no longer associate such Virtual Items and Virtual Currency with You.
THIRD PARTY SERVICES
You hereby irrevocably and unconditionally release and forever discharge AppLife from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other games users, or third party advertisers.