1. INTRODUCTION
These Terms of Use (the "Terms") govern the terms of your access and use of our Apps and Websites and the services (collectively, the "Services") provided by means of the Apps, and constitute your legal agreement with Us.
You should read these Terms carefully before you use the Apps and Websites.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU SHOULD AGREE AND ACCEPT TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME WITH MODIFICATIONS POSTED IN OUR SERVICES OR A NOTICE OF MODIFICATIONS PROVIDED TO YOU. WE RESERVE THE FULL RIGHTS TO AMEND, MODIFY AND INTERPRET THE TERMS AT ANY TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND/OR ITS ANY MODIFICATIONS, PLEASE STOP TO USE OUR SERVICES.
2. USE LICENSE
Subject to your agreement and continuing compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable license to access and use our services for your personal and private use only. This is not a transfer of title, and under this license you may not:
distribute, display, sell, transmit, publish, modify, reproduce, rent, transfer any of our Services or any portion thereof;
remove, modify, obscure any copyright, trademark, or other proprietary notices that have been placed in our Services;
create any derivative works based upon our Services;
use any data mining, robots or similar data gathering or extraction methods;
attempt to decompile or reverse engineer any software contained within the Services.
By using our Services, you confirm that (1) you are at least 18 years old or have reached the minimum age limit if that is not 18 years old in the jurisdiction you reside, or your parent or guardian have read these Terms and assents them on behalf of you and monitor your compliance with them; (2) you are permitted to access and use our Services in the country where you are a legal resident.
You represent and warrant that your use of our services will be consistent with this license and any other applicable agreements or policies, and you will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, nor violate any applicable law. You expressly agree to indemnify the Company against any liability to any person arising out of your use of our services not in accordance with these terms.
This license shall automatically terminate if you violate any of these Terms and may be terminated by us at any time at our sole discretion. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. ACCESS
You must provide at your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use our services. We do not guarantee that our Services are available in all geographic locations. You acknowledge that when You use our Services, your wireless carrier may charge you fees for data, messaging, and/or other wireless access.
Check with your carrier to see if there are any such fees that apply to you. You are solely responsible for any costs You incur to access our services from your device. Your right to use our services is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the services.
4. INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all artwork, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the "Service Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, or identified third parties. Except for the limited use rights granted to you in these Terms, you shall not claim any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms are expressly reserved.
You may provide or display content you legally owned or possessed through our Services, such as self-made photos, videos, sounds, context or materials (collectively, the "User Content"), the intellectual property rights of the User Content will remain owned by you or your licensor, except otherwise guidance and rules in respect of User Content we set up in our specific Services.
5. SERVICE CONTENT & THIRD-PARTY LINKS
We provide our Services including, without limitation, Service Content for entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
6. VIRTUAL CURRENCY AND VIRTUAL GOODS
Services may supply virtual currency and virtual goods for your purchase, which should be subject to a limited license right for your personal, private, non-commercial, non-transferable use and should be not redeemable for any sum of money or monetary value from us. The in-app virtual currency and/or virtual goods may be consumed or lost by players in the course of gameplay, you should assume such loss by yourself and we do not warrant the recovery of the loss at any time.
7. INDEMNIFICATION
You agree to indemnify and hold harmless us and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (1) your use of our Services; (2) User content provided by you; (3) any actual or alleged violation or breach by you of these Terms of Use; (4) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (5) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
8. DISCLAIMER
The materials within our Services are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaims and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials within our Services.
No advice or information, whether oral or written, obtained from us or through the site, services or content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services. You understand that we do not screen or inquire into the background of any users of the site or services, nor do we make any attempt to monitor or to verify the statements of users of the site or services. We make no representations or warranties as to the conduct of users of the site or services or their compatibility with any current or future users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services, particularly if you decide to meet offline or in person.
9. LIMITATIONS OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services remains with you. Neither we nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, or from any communications, interactions or meetings with other users of the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have 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. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, we will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the Services.
If some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
10. TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend your membership and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms. You agree that we are not liable to you or any third party for any termination or suspension of your membership or for blocking your use of our Services.
Any suspension or termination shall not affect your obligations to us under these Terms. The terms which by their nature should survive the suspension or termination.
11. PRIVACY
With regard to the treatment of personal data may be involved in our Service, please see our Privacy Policy (watchfaceslive@gmail.com).
12. GENERAL TERMS
These Terms of Use are governed by laws of the Republic of Belarus, without respect to its conflict of laws principles and to the fullest extent permitted by applicable laws. These Terms of Use constitute the entire agreement between you and Company concerning your use of our Services. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles and annotations in these Terms of Use and Privacy Policy are for convenience only and have no legal or contractual effect. Portions of our Services may be accompanied by additional terms that apply to specific features or areas of our Services. Those additional terms supplement these terms with respect to your use of those features or areas.
13. CLASS WAIVER, WAIVER OF ROMAN TRIAL, AND LAWSUIT TIME PERIOD
You also acknowledge and understand that to the fullest extent permitted by applicable law, with respect to any dispute with the us and/or our affiliates, suppliers, and partners arising out of or relating to your use of our Services or these Terms of Use:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY ROMAN;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
14. ARBITRATION
Except as otherwise provided in this paragraph, any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Belarus, using the Russian language in accordance with The International Arbitration Court at the BelCCI, Inc. ("IAC") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of IAC arbitrators in accordance with the Arbitration Rules and Procedures of IAC. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
15. APPLE DEVICE AND TERMS
In the event you are using our Services in connection with a device provided by Apple Inc. ("Apple") or an application obtained through the Apple App Store (collectively, such uses are henceforth the "Application"), the following shall apply:
both you and we acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, and that Apple is not responsible for the Application, Our Content or User Content;
you will use the Application only in connection with an Apple device that you own or control;
you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application;
you acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
both you and we acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary hereof.
16. MISCELLANEOUS
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Except where specifically stated otherwise, if any part of these Terms is unlawful or unenforceable for any reason, we both agree that only that part of the Terms shall be stricken and that the remaining terms in the Terms of Use shall not be affected.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, which supersede all previous written or oral agreements between us with respect to such subject matter.
You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
17. CONTACT INFORMATION
If you have any questions, feedback, complaints or claims with respect to our Services, you may contact us at support@watchfaces.live