This End User License Agreement (“License”) is an agreement between you and Qeote LLC, its subsidiaries and affiliates (“Company”). This License governs your use of our application and any and all related documentation, updates, and upgrades (collectively, the “Application”). The Application is only being licensed to you, not sold.
By installing or using the Application, you agree to and are bound by the terms of this License, as well as the Company’s Terms of Service, and Company’s Privacy Policy. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR COMPANY’S POLICIES, DO NOT INSTALL OR USE THE APPLICATION. We reserve the right to modify this License at any time. You can check for changes either in the Application’s About section or in the End User License Agreement. Your continued use of the Application will mean you consent to the changes to this License.
NOTE: AGE RESTRICTION: In order to access to certain Application features or services, you may need to create an account. In order to do so, you must be at least 13 years old. If you are between the ages of 13 and 17, you represent that a parent or guardian has reviewed and agreed to this License and your use of the Application.
1.1 Grant. Provided you comply with the terms of this License, Company grants you a limited, non-exclusive license to install and use the Application for your non-commercial use on a single mobile device solely as set forth herein. You are expressly prohibited from any commercial use, including without limitation, selling, renting, leasing, sub-licensing, transferring or otherwise distributing the Application or rights to use the Application. The License begins upon installation or use of the Application, and ends upon termination by Company or when you dispose of the Application, whichever occurs first.
1.2 Virtual Currency. Company may offer virtual coins, points or other virtual currencies you can purchase or earn (“Virtual Currency”). Virtual Currency has no monetary value and does not constitute currency or property of any type. By purchasing or acquiring Virtual Currency, Company grants you a limited license to redeem Virtual Currency for content that Company makes available as part of this Application (“Digital Content”). Virtual Currency may be redeemed for Digital Content only. Neither Virtual Currency nor Digital Content can be sold or transferred, or exchanged for cash or any other goods and services, (except for Digital Content). Virtual Currency and the Digital Content are non-refundable. Company does not guarantee the availability of any particular Digital Content and reserves the right to change and update the Digital Content without notice. When you acquire Digital Content, you receive a limited license to use Digital Content for your personal non-commercial use with any specified permitted services that Company identifies from time to time. The term of your Virtual Currency and Digital Content license starts when you acquire Virtual Currency and/or Digital Content, and subject to this License, ends upon termination or expiration of this License or your account.
1.3 Reservation of Rights. Except as otherwise licensed herein, Company reserves all right, title and interest in the Application and Digital Content (including without limitation all characters, images, video, text, etc.), and all associated copyrights, trademarks, and other intellectual property rights therein. This License does not include any rights to third party patents or intellectual property. You may not copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, decompile, disassemble, or reverse engineer, or use the Application, Digital Content, or any component of either, except as authorized by this License. You may not remove or alter any trademarks, logos, copyright notices or other legal notices included in the Application or Digital Content, and you may not make a copy of the Application available in any format for use or download by multiple users. All rights not expressly granted herein are reserved by Company.
1.4 Content from You. In exchange for your use of the Application, if you submit any content or make any contributions to the Application (“Derivatives”) that give rise to any copyright interest, you hereby grant Company an exclusive, worldwide, perpetual, irrevocable, fully transferable and sub-licensable right and license to use the Derivatives in any way and for any purpose, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute the Derivatives without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of any kind with respect to Derivatives under applicable law. The license grant to Company, and the above waiver of any applicable moral rights, survives any termination of this License.
1.5. Access. You are responsible for any and all equipment or devices needed to access and use the Application. Your wireless carrier may charge you fees for data, messaging and/or other wireless access when using this Application. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS INCURRED TO ACCESS THIS APPLICATION FROM YOUR MOBILE DEVICE. Company does not guarantee that this Application can be accessed on all wireless devices or service plans, or in all geographic locations.
Company may collect certain non-personally identifiable information from you to facilitate product support and provide other services to you. If you participate in online services, such as online play or the downloading and uploading of content, Company and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players. All data, whether personally identifiable or not, is collected, used, stored and transmitted in accordance with the Company’s Privacy Policy.
This Application may incorporate third-party advertising technology which enables advertising to be temporarily uploaded into the Application on your mobile device and replaced while you are online. We or third parties operating the advertisement may use information such as your age and gender as well as information logged from your device to ensure that appropriate advertising is presented to you within the Application and to calculate the number of unique and repeat views of advertising. Data that gets logged may include IP address, unique device I.D., device make and model, advertisement(s) served, in-game location, length of time an advertisement was visible, size of the advertisement, advertisement response (if any), and angle of view. Other than the company serving the advertisements, logged data may only be disclosed to third parties in the aggregate in a form that does not personally identify you. This ad serving technology is part of the game and you accept it by playing.
The rights granted herein shall automatically terminate without any notice to you if you violate any of the terms of this License or any of Company’s other applicable policies. Upon termination, you must cease all use of the Application and destroy all copies in your possession or control. Company reserves any and all other rights and remedies it may have for any violations of this License. Company may also terminate this License upon five (5) days’ notice to you if Company decides to discontinue or suspend operation of the Application.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY, PERFORMANCE ASSURANCES, OR GUARANTEES OF ANY KIND. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. COMPANY AND ITS LICENSORS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE OR UNINTERRUPTED USE OF THE APPLICATION; THAT THE APPLICATION WILL BE ERROR-FREE OR MEET YOUR REQUIREMENTS; THAT THE APPLICATION WILL BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR OTHER DEVICES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, IN WHICH CASE SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU. You acknowledge and agree that these Disclaimers are Material Terms of this License.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AND INCLUDING WITHOUT LIMITATION DAMAGES FROM PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICATION. You acknowledge and agree that this Limitation of Liability is a Material Term of this License.
This paragraph applies to government end users. The Application has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer Application” and/or “commercial computer Application documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted herein.
You agree to abide by U.S. and other applicable export control laws and to not transfer the Application to a foreign national, or national destination, which is prohibited by such laws.
You agree that a breach of this License will cause irreparable injury to Company for which monetary damages would not be an adequate remedy and Company shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, or other security or proof of damages.
This License and any account you create, shall be governed by the laws of the United States, the State of California, without regard to conflicts-of-law, and you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License or your use of the Application shall be the federal or state courts located in Los Angeles County, California, USA, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. All disputes or controversies arising out of or relating to this License (including validity and enforceability), shall be submitted to binding arbitration in Los Angeles, California, USA before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Upon either party’s election, and approval of the arbitrator, the arbitration may be conducted telephonically or remotely, in which case no parties shall appear in person before the arbitrator. Judgment on any award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
If any provision in this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
This License constitutes the entire and complete agreement between you and Company with respect to the Application, and related content, and supersedes all prior or contemporaneous understandings regarding this subject matter. No amendment or modification to this License shall be binding unless made in writing and signed by Company. No failure to or delayed exercise of any right or power hereunder, in whole or in part, shall operate as a waiver thereof. Sections 4-6, and 9 shall survive termination or expiration of this License for any reason. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.