Terms & Conditions

 

End-User License Agreement

These End User License Agreement (“EULA”) constitute a legal agreement between App(“Company”, “we” or “us”) and the user of our mobile applications (respectively, “User”, “you” and “App”). This EULA governs your usage of the Apps and the Services offered therein (as defined below).

ACCEPTANCE OF THE EULA: PLEASE READ THESE EULA CAREFULLY BEFORE DOWNLOADING OR USING THE APP AND SERVICES. YOU ACKNOWLEDGE THAT THIS EULA CONSTITUTES A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND THE COMPANY. WHEN INSTALLING AND USING THE APP AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE EULA, AS WELL AS TO USE THE APP AND THE SERVICES OFFERED THEREIN ACCORDING TO THE PROVISIONS SET FORTH HEREIN, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE APP. IN THE EVENT YOU DO NOT AGREE WITH THE PROVISIONS OF THESE EULA, OR ANY PART THEREOF, YOU MAY NOT USE THE APP, AND UNINSTALL, WHERE APPLICABLE.

Amendments

We reserve the right to periodically amend or revise these EULA, at our discretion. Such amendments shall be effective as of the “Last Revised” heading located at the top of these EULA. We will make a reasonable effort post notification if, at our discretion, the changes made are material. We recommend that you review these EULA periodically as your continued use of the App and Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

App, Services

Depending on the App you choose to install we may offer you various services, such as picture and video editing, utilities, gaming enhancers, device wallpapers, WhatsApp supported app, notification shade apps and accessibility featured apps, etc. (collectively, the “Services”).

Please note that the App is an ad-supported app that is offered by our third-party advertisers (“Third-Party Advertisement”). Note that the Third-Party Advertisement supported by the App may be changed and updated from time to time, at our discretion

Registration, Account, and Payments (if applicable)

To access or use some of the features of the App, you may be required to register by opening an account (“Account”) or by signing in via a third-party tool (such as Google or Facebook) (“Third Party Tool”). If you open an Account, you may be required to provide details and select a password or to otherwise allow us to access your account information through a Third Party Tool (“Login Information”). You must safeguard and not disclose your Login Information and you must supervise the use of such Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information. Note that if you choose to create your Account using any Third Party Tool, certain user data that you either provide us or that is accessed through such Third Party Tool (subject to the terms and conditions applicable to such third party), including your user name and photo, may be published on your user profile and may be made available to other users.

You must provide accurate and complete information when creating an account, and update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself.

You undertake to monitor your Account and to restrict use by anyone who is not an eligible user. You accept full responsibility for any use of the Service using your Login Information, including any use of your credit card or another payment instrument.

We reserve the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username violates any third party’s rights or otherwise violates these EULA.

If you wish to change your Login Information or other personal information associated with your account, you may do so by contacting us. If you wish to terminate your Account, your Account will be terminated and removed within a reasonable timeframe following our receipt of your written request, and from the date of termination, you will no longer be able to access your Account, including any other Services associated therewith.

Certain Apps may be offered on a subscription basis. You will be advised of the price, duration, and all applicable terms before purchase. You will be notified before any renewal of the amount and date of the upcoming renewal payment both within the relevant App and at the email, you maintain as part of our Account information. You can cancel your subscription by following the instructions within the App or by following the instruction here. Unless otherwise stated, cancelations will take effect at the end of the then-current term.

Certain Apps may be offered an In-app Payment Service. The user hereby acknowledges that those Services are for a charge, so if the user wishes to use such Services he will be required to pay the required fee to the Company.

License and Intellectual Property

We hereby grant you, subject to these EULA, a limited, revocable, non-transferable, nonexclusive, non-sublicensable license, to install the App and use the Services (“License”). The License is subject to your compliance with the provisions of these EULA and solely for your non-commercial, personal use.

You acknowledge that all right and interest in the App’s trademarks, service marks, components, code, protocols, software, and documentation as well as any derivatives thereof or improvements and modifications (excluding the Third-Party Management Tools), are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the App.

Except as expressly granted herein, we retain all right, title, and interest in and to our Service, as well as any content provided or made available in connection with the Service (excluding the Third-Party Advertisement).

Representations, Warranties, and Acceptable Use Policy

You hereby warrant that: (i) you are eligible to enter into these EULA and you are not prohibited by any authorized authority, judicial order, or law into entering in any agreement; (ii) you are of legal competence to enter into these EULA and you are at least thirteen (13) years of age; (iii) you have all proper authorization if you are acting on behalf of a corporation, to enter into these EULA; (iv) you are either the owner or an authorized user of the device in which the App is installed, as well as the Third Party Advertisements’ license used for the Services; (v) you will install the App and use the Services only by our instructions; (vi) you will use the App and Services in full compliance with all applicable laws, rules and regulations.

Except as expressly provided under these EULA, you may not, nor may not enable anyone else to, directly or indirectly : (i) change, modify, edit, create a derivative work of, alter or bypass any feature of the App;(ii) assert any proprietary rights in or to the App, nor remove, amend or impair any notices of proprietary rights; (iii) disable, interfere, or circumvent with security-related features of the App or impair its performance; (iv) use, access or attempt to use or access the App with malicious codes or any automated means, such as scraping, crawling or any robot, spider, etc. (v) use the App and Services to promote, conduct, or contribute to fraudulent, illegal or any other inappropriate activities; (vi) change, modify, decompile, disassemble, reverse engineer, translate, make any copies of, circumvent, hack, or any temptation to extract the source code of the App.

Disclaimer

THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, SUITABILITY, MARKETABILITY, INCOMPLETENESS, APPLICABILITY, RELEVANCE OR SERVICE LEVEL. THE COMPANY DOES NOT WARRANT THAT THE APP IS OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE APP WILL BE FREE OF ANY ERRORS OR BUGS, OR THAT THE COMPANY WILL TAKE ACTION TO CORRECT THOSE ERRORS. THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM TECHNICAL ISSUES IN THE APP OR SERVICES, AND SPECIFICALLY IN THE THIRD-PARTY MANAGEMENT TOOLS, TO THE USER OR ANY THIRD PARTY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE APP OR THE SERVICES WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT A SPECIFIC TIME. IN ADDITION, THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR DAMAGES OR ERRORS, OF ANY KIND, RESULTING FROM THE THIRD-PARTY MANAGEMENT TOOLS OR DUE TO THEIR INTEGRATION THROUGH THE APP. THE USER’S USE OF THE APP OR SERVICES IS AT THE USER OWN RISK AND RESPONSIBILITY.

Limitation of Liability

YOU HEREBY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT FROM THE USE OR INABILITY TO USE THE APP OR THE SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AND AGGREGATED LIABILITY SHALL NOT EXCEED 50$ US. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Updates, Upgrades, and Changes

We reserve the right, at any time, to perform any revisions to the App and the Services, including any change, upgrade or update of any feature available therein (“Revisions”). The Company is not obligated to provide any notice regarding such Revisions, in advance or otherwise, and shall not be liable for any damages or any other effect resulting from the Revisions. Please note that such Revisions might be automatically installed.

Indemnification

You agree to defend, indemnify and hold harmless the Company and the Company’s representatives, affiliates, directors, shareholders, officers, or employees from any and all losses, damages, expenses, liabilities, demands, losses judgments, and all related costs, including reasonable attorney’s fees that arise as a result of your breach of these EULA.

Termination

Each party may terminate these EULA, at any time. If you wish to terminate these EULA you may do so simply by uninstalling the App and ceasing your use of the Services. The Company may terminate these EULA and cease the operation of the App at any time, effective immediately. The Company will not be liable to you or any third party for any termination. Note that, termination may result in the destruction of all information and data associated with your use of the App. Following termination, the provisions of these EULA, which by their nature should survive any such action on our part, shall survive.

Our Privacy Practices

We respect our users’ privacy rights. Please review our Privacy Policy before using the App and Services. Our Privacy Policy is an integral part of these EULA and incorporated herein by reference. We encourage you to periodically review our Privacy Policy.

Dispute Resolution

These EULA shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law. Any dispute, claim, or controversy arising out of, connected with, or otherwise relating to these EULA and your use of the App or Services will be subject to the exclusive jurisdiction of the competent court in Tel-Aviv, Israel. The limitation in respect to any claim to these EULA, the App and Services shall be limited to twelve (12) months as of the relevant claim and will be permanently barred afterward.

Miscellaneous

This EULA constitutes the entire understanding between you and the Company regarding your use of the App and Services. If any part of these EULA is determined to be invalid or unenforceable, such determination shall not affect the remaining provision, which will remain valid and in full force. You may not assign or transfer any of your rights under these EULA. The Company may assign its rights and obligations under these EULA to any third party at its sole and absolute discretion. In no event, a failure of the Company to enforce any rights or to take action shall be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. In no event, the Company shall be deemed in breach of these EULA if the Company is unable to provide the App, the Services, or any part thereof.

APPLICABILITY AND ACCEPTANCE OF THESE TERMS

This Terms of Service Agreement (“Agreement” or “Terms”) is a legal agreement between you and us, LLC (“we”, or “us”). By accessing or using the us app, currently located at our app, or any apps or other services offered or operated by us(collectively, the “Services”), or by checking a box or clicking a button signifying your acceptance of these Terms, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, do not access or use any of the Services.

When using the Services, you will be subject to our Community Guidelines (“Community Guidelines”), and any additional guidelines, policies or rules posted on the Services or otherwise made available or disclosed to you (collectively, the “Rules”). All such guidelines, policies and rules are incorporated into these Terms by this reference.

USE OF THE SERVICES BY MINORS AND BANNED PERSONS

The Services are not available to, and shall not be accessed or used by, persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Services with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE.

The Services are also not available to, and shall not be accessed or used by, any users previously blocked or otherwise banned from accessing or using the Services.

LIMITED LICENSE TO USE THE SERVICES

Subject to your compliance with these Terms and all other applicable Rules including but not limited to the Community Guidelines, you are granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services solely for your personal and non-commercial use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or its licensors, except for licenses and rights expressly granted in these Terms. we can terminate this license as provided in Section 10 below.

You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Services. You agree that you will comply with these Terms and the Community Guidelines and will not, and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms or Rules;
• use the Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies us endorsement, partnership or otherwise misleads others as to your affiliation with us;
• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
• except as explicitly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit the Services, in whole or in part, in any form or by any means;
• use, display, mirror or frame the Services or any individual element within the Services, the name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without our express written consent;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Services for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us or any of our providers to protect the Services;
• modify, make derivative works of, attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Services; or
• violate or infringe anyone else’s rights or otherwise cause or threaten harm to anyone.

Neither the above restrictions, nor the Community Guidelines, the Rules, or anything else in the Terms, shall be construed to create any rights enforceable by users, whether as third-party beneficiaries or otherwise. we has the right, but not the obligation, to enforce any of the foregoing.

USER CONTENT AND CONDUCT; USER DISPUTES

The Services provide communication channels designed to enable users to communicate with other users. We does not exert any control over the individuals you interact with, even if you select the “interest matching” chat option or the college student chat option, which we may offer. We has no obligation to monitor these communication channels but may, in its discretion, do so in connection with providing the Services. We may also terminate, suspend or ban your access to and use of the Services at any time, without notice, for any reason in its sole discretion. You acknowledge and agree that any user content, including without limitation text chats and video chats, is not created, endorsed or controlled by us. We will not under any circumstances be liable for any user content or activity within the Services. We not responsible for information or content that you choose to share within or through the Services nor is we responsible for the content or actions of other users of the Services. We not responsible for maintaining copies of any information or communications you choose to submit to or through the Services.

You are solely responsible for your interaction with other users of the Services and other parties that you come in contact with through the Services. To the fullest extent permitted by applicable law, hereby disclaims any and all liability to you or any third party relating to your use of the Services. You acknowledge and agree that we does not have any special relationship with you as an end user, and as such, We does not owe you any duty to protect you from the acts of other users or other third parties.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting minors’ access to materials that may be harmful to or inappropriate for minors. There are a number of websites that provide information about such parental control protections, including but not limited to https://www.connectsafely.org/controls/.

ASSUMPTION OF RISK AND DISCLAIMER OF WARRANTIES

Assumption of Risk. You acknowledge and agree that use of the Services, including your interactions with other users, may carry inherent risk and by accessing and using the Services, you choose to assume those risks voluntarily. To the fullest extent permitted by applicable law, you assume full responsibility for your use of the Services, including your interactions with other users.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF ACCESSING OR USING THE SERVICES, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF US, THIRD-PARTIES INCLUDING OTHER USERS OF THE SERVICES, OR DEFECTS IN THE SERVICES.

No Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, APP PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,  ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER  ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, TRUTHFUL, COMPLETE, RELIABLE, OR ERROR FREE, (II) THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE, OR SECURE, (III) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES, (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR (VI) THAT ANY CONTENT PROVIDED VIA THE SERVICES IS NON-INFRINGING. NO INFORMATION OR ADVICE PROVIDED THROUGH THE SERVICES BY US OR BY OUR EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations and exclusions may not apply to you.

Other Users of the Services. WE HAS NO CONTROL OVER AND DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE CONDUCT, ACTS OR OMISSIONS OF OTHER USERS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL LOOK SOLELY TO THE OTHER USERS, AND NOT US, WITH RESPECT TO ANY CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THE ACTIONS OR CONDUCT OF OTHER USERS OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL APP BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM ANY ACTION, CONDUCT OR OMISSION OF ANY OTHER USER OF THE SERVICES.

LIMITATION OF LIABILITY

Limitations on App's Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER APP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE SERVICES, WHETHER PROVIDED BY APP OR BY THIRD PARTIES, (III) THE USE OF OR INABILITY TO USE THE SERVICES FOR ANY REASON, OR (IV) YOUR COMMUNICATIONS, INTERACTIONS OR DEALINGS WITH, OR THE CONDUCT OF, OTHER USERS OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations and exclusions may not apply to you.

No Liability for Non-App Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT, ACTS OR OMISSIONS OF YOU OR ANY OTHER THIRD PARTY, INCLUDING OTHER USERS OF THE SERVICES, IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations and exclusions may not apply to you.

8. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to release, defend (at Our option), indemnify, and hold We and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney and accounting fees, arising out of or in any way connected with (i) your breach or alleged breach of these Terms or any other applicable policies of  Us(including but not limited to the Guidelines or Rules), (ii) your use of the Services other than as authorized by these Terms, the Guidelines or Rules, (iii) your interactions with other users of the Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your interactions, (iv) any information or materials you submit through the Services, or (v) your violation, or alleged violation, of any laws, regulations or third-party rights (all of the foregoing, “Claims”). We may assume exclusive control of any defense of any Claims (which shall not excuse your obligation to indemnify Us), and you agree to fully cooperate with App in such event. You shall not settle any Claims without prior written consent from Us.

DISPUTE RESOLUTION: AGREEMENT TO ARBITRARY

Agreement to Arbitrate and Timing of Claims

YOU AND WE MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT OR INTERPRETATION THEREOF OR TO THE ACCESS TO AND USE OF THE SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (COLLECTIVELY, “DISPUTE”) WILL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION (THE “ARBITRATION AGREEMENT”). ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE ARBITRATOR WILL DECIDE ALL THRESHOLD QUESTIONS, INCLUDING BUT NOT LIMITED TO ISSUES RELATING TO THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THIS ARBITRATION AGREEMENT AND WHETHER EITHER PARTY LACKS STANDING TO ASSERT HIS/HER/ITS CLAIM(S).

YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Exceptions to the Arbitration Agreement

Notwithstanding the Arbitration Agreement, you and We each agree that (i) any dispute that may be brought in small claims court may be instituted in a small claims court of competent jurisdiction, (ii) either you or We may seek injunctive relief in any court of competent jurisdiction to enjoin infringement or other misuse of either party’s intellectual property rights (including without limitation, violation of any data use restrictions contained in these Terms or other misuse of the Services) or based on other exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Pre-Arbitration Notification and Good Faith Negotiation

Prior to initiating an arbitration, you agree to provide Us with notice of the dispute, which notice shall include a brief, written description of the dispute, the relief requested and your contact information. You must send any such notice to Us by email at connect.playconsole@gmail.com, with “Us-Disputes” in the subject line. The parties agree to use their best efforts to resolve any Dispute that is subject to the notification required under this section through informal negotiation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration in accordance with these Terms. If, after a good faith effort to negotiate, one of us feels the Dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.

No Class Actions or Representative Proceedings

YOU AND WE ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. YOU AND WE AGREE THAT THERE WILL BE NO CLASS ARBITRATION OR ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, YOU AND WE AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.

If the class action waiver contained in this Section 9.5 is determined to be illegal or unenforceable, this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by the courts in the state of Oregon, Multnomah County, or the United States District Court for the Oregon, and the parties irrevocably submit to the exclusive jurisdiction of such courts.

TERM, TERMINATION, AND SURVIVAL

This Agreement will remain in full force and effect while you use the Services in accordance with these Terms and any additional applicable Rules. We may terminate this Agreement at any time without notice if we believe that you have breached this Agreement or the Community Guidelines, including but not limited to, by using the Services for non-personal use, engaging in prohibited activities, and any breach of your representations and warranties. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, assumption of risk agreement, release of claims, indemnity, limitations of liability, and dispute resolution.

GENERAL

Privacy Notice and Law Enforcement Inquiries

We maintains a Privacy Policy describing the collection, retention, and use of information related to your use of the Services. You can find the Privacy Policy, which is incorporated by reference into this Agreement, Here.

Law enforcement may also submit requests for information and legal process from an official government-issued email address (e.g., name@agency.gov) to at connect.playconsole@gmail.com with “App PL” in the subject line. Non-law enforcement requests should not be submitted to this email address. We will not respond to correspondence sent by non-law enforcement officials to this email address. Please note that the email address for law enforcement requests is provided for convenience only and does not waive any objections of may have, including the lack of jurisdiction or proper service.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (collectively, “Feedback”). You may submit Feedback by emailing us at connect.playconsole@gmail.com with “App-Feedback” in the subject line. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Third-Party Links and Services

The Services may contain links to other websites, businesses, resources and advertisers, and other sites may link to the Services. Clicking on a link will redirect you away from the Services to a third-party site or service. We not responsible for examining or evaluating, and does not warrant the goods, services or offerings of any third party or the content of their websites or advertisements. Consequently, We does not assume any liability or responsibility for the accuracy, actions, products, services, practices, availability or content of such third parties. You should direct any concerns regarding other sites and services to their operators.

Assignment

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Our prior written consent. We may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.

Changes to the Services or the Terms

We reserves the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate, temporarily or permanently, the Services, and any part thereof, without notice to you. We shall have no liability to you or any other person or entity for any modification, suspension, or termination of the Services or any part thereof.

We reserves the right to modify these Terms (effective on a prospective basis) at any time in accordance with this provision. Therefore, you should review these Terms regularly. If we make changes to these Terms, we will post the revised Terms on the Services and update the “Last Updated” date at the top of these Terms. If you do not terminate this Agreement before the date the revised Terms become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms.

Special terms or rules may apply to some Services. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms, our Privacy Notice, and any rules, restrictions, limitations, terms and/or conditions that may be communicated to users of the Services, We shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail, in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

No Third-Party Beneficiaries

This Agreement does not, and is not intended to, confer any rights or remedies upon any person other than the parties hereto.

No Waiver and Severability

We failure to enforce a provision of this Agreement is not a waiver of its right to do so later or to enforce any other provision. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law.

Except as explicitly provided herein, if any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

Entire Agreement

Except as it may be supplemented by additional terms and conditions, policies, guidelines or standards as provided herein, this Agreement constitutes the entire agreement between We and you pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between We and you in relation to the access to and use of the Services.

Contact Information

If you have any questions, please contact us at connect.playconsole@gmail.com