EULA

(last update April 2015)

This EndUser License Agreement (this “EULA” or “Agreement”) is an agreement between the end-user of the Application (”You”) and Outfit7 Limited, having its registered address at 5th Floor, 52-54 Gracechurch Street, London, EC3V oEH, UK, and its business address at Klimataria 11, 4607 Pissouri, Cyprus (together with its subsidiaries and affiliates, “Outfit7” or “Us”). The Agreement governs your use of the application distributed by Outfit7 that you installed and any and all related updates and upgrades that replace or supplement the Application in any respect (the “Application” or “App”), unless any such update or upgrade is accompanied by a separate licensein which case the separate license shall govern.

This EULA governs the softwares that can operate on an/a a) iPhone, iPod Touch or iPad device or other computing device marketed or manufactured by Apple, Inc. (”iOS platform”); b) device powered by the Android operating system provided by Google, Inc. (”Android platform”); c) device powered by the Windows Phone operating system v. 8, v. 8.1. or any newer version if applicable, provided by Microsoft Corporation and software that can operate on your PC device powered by Windows 8.1. or Windows RT 8.1 or any newer version if applicable, provided by Microsoft Corporation (”Windows Platform”) (commonly referred to as the ”platform/s”). This EULA governs different platforms and includes general provisions applicable for all platforms and platform specific provisions, which are all clearly marked as such.

By installing or using the Application, You agree to and wish to be bound by the terms of this EULA, which consist of (commonly referred to as ”Terms”):

  • This license.

  • For iOS platform: Licensed Application End User License Agreement (“Standard EULA”), published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/), which is incorporated into this EULA by reference, whereas for the purposes of this EULA, the “Application” is considered the “Licensed Application” as defined in the Standard EULA and “Outfit7” is considered the “Licensor” as defined in the Standard EULA. You acknowledge that You have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).

Outfit7 and You acknowledge that the EULA is entered into by and between Outfit7 and You and not with Apple, Inc. Notwithstanding the previously stated, You acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this EULA and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this EULA. Outfit7 is solely responsible for the Application and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

  • For Android platform: Android Market “Terms of Service” (located online at https://play.google.com/store) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market-policies.html), if You are downloading the Application from the Google Play.

  • For Windows platform:By downloading the Application from the Windows Phone Store (located online at http://www.windowsphone.com/en-us/store/overview) or Windows Store (located online at http://windows.microsoft.com/en-us/windows-8/apps-windows-store-tutorial), You acknowledge that You have reviewed and accepted the Windows Phone Store/Marketplace “Terms of Use” (located online at http://www.windowsphone.com/en-us/store/terms-of-service) or Windows Store/Marketplace (located online at http://www.microsoftstore.com/store/msusa/en_US/DisplayTermsOfUseAndSalePage/ ) and Microsoft Services Agreement which governs the use of your Microsoft account (located online at http://windows.microsoft.com/en-us/windows-live/microsoft-services-agreement). If You download the Application from any other online market for software applications that operate on devices powered by the Windows phone operating system v. 8, v. 8.1. or by Windows operating system 8.1 or RT 8.1. and any newer version if applicable, You acknowledge that You have reviewed and accepted the terms of service applicable to such market. You may install and use one copy of the application on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.

The EULA is entered into by and between Outfit7 and You and not with Microsoft Corporation. Notwithstanding the previously stated, You acknowledge that Microsoft Corporation and its subsidiaries are third-party beneficiaries of this EULA and that Microsoft Corporation has the right (and is deemed to have accepted the right) to enforce this EULA.

  • If You download the Application from any other online market for software applications that operate on devices powered by the operating system not expressly stated herein, you acknowledge that You have reviewed and accepted the terms of service applicable to such market.

If You do not agree to the Terms, or do not wish to be bound by them, do not install or use the Application. If any terms of this EULA conflict with the other Terms, the terms of this EULA shall prevail.

The Application is not directed to children younger than the age of 13. It is offered only to users 13 years of age or older. If You are under 13 years old, please do not use the Application.Any person who provides their personal information through the Application represents to us that they are at least 18 years of age, or if under 18 years of age they are either an emancipated minor, or possess the legal consent of a parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Consequences of collection of personal information from a child under the age of 13 and territory specific child protection provisions are described in our Privacy Policy.

The main characteristics of each Application can be found in the app stores’ descriptions and also on the information button of the Application. If You click on the ”i” button of the Application, You will reach the ”How to Play section.

As an iOS user, You additionally represent and warrant that:

  1. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

  2. You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

As a Windows user, You additionally represent and warrant that:

(i) The Windows Phone Store and Windows Store is a forum through which Applications and In-App Products are made available by Application providers to You. Microsoft’s role is to provide the technology and services to enable this forum, and to process the related purchases, returns and chargebacks for You. Outfit7 is solely responsible for the Application and any content contained therein. You acknowledge that Microsoft Corporation, Your phone manufacturer, Your PC manufacturer and network operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

  1. COMMON PROVISIONS FOR ALL APPLICATIONS

Limited License Grant

Through the purchase or use of the App, You are acquiring and Outfit7 grants You a personal, limited, non-exclusive and non-transferable license to install and use the Application for Your personal, non-commercial use in accordance with the limitations in this EULA and the Terms. Your acquired rights are subject to Your compliance with this EULA. Any commercial use is prohibited.

Notwithstanding this prohibition You are allowed to create and use “User Content” (as defined below) in a non-modified form (exactly as produced by the Application) for any purposes (subject to the “Restrictions on Use”) including commercial purposes (e.g. creating a video where a virtual character endorses a commercial product, selling videos created by the Application online, etc.).

Any modification of User Content created by the Application or incorporation of such User Content into other works requires explicit written approval from Outfit7. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. This EULA does not entitle You to receive, and does not obligate Outfi7 to provide, hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application.

Reservation of Rights

You have obtained a license to the Application and Your rights are subject to this EULA. Except as expressly licensed to You herein, Outfit7 reserves all rights, titles and interests in the Application. This license is limited to the intellectual property rights of Outfit7 and does not include any rights to other patents or intellectual property.

Outfit7 retains all right, title and interest in and to the Outfit7 Intellectual Property, as defined below, whether registered or not and all applications thereof, except of the copyright of the third parties technology. The Outfit7 software is protected by applicable laws and treaties throughout the world.

For the purposes of this EULA, “Intellectual Property Rights” means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Allowable Uses of the Application

Use of the Application and any of Your information transmitted in connection with the Application is limited to the functionality of the Application and to the license grant above. You may not otherwise use the Application or any component of it, except as expressly authorized by Outfit7 in writing.

Restrictions on Use

Unless You have received prior written authorization from Outfit7, You must not:

  • access or use the Application through any technology or means other than those provided in the Application, or through other explicitly authorized means Outfit7 may designate;

  • make a copy of the Application available on a network where it could be used by multiple users;

  • resell, copy, transfer, distribute, display, translate, modify the Application or make derivative works of the Application or any part thereof;

  • copy or distribute text, pictures, music, barcodes, video, data, hyperlinks, displays or any other content provided by the Application;

  • redistribute, sublicense, rent, publish, perform, sell, assign, lease, market, transfer, or otherwise make the Application available to third parties;

  • seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing use of any open sourced components included with the Application;

  • delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Application;

  • use the Application when operating vehicles; or

  • remove or alter Outfit7’s trademarks or logos or legal notices included in the Application or related assets;

  • use the service to try to gain unauthorized access to any service, data, account or network by any means; or

  • use the Application in any manner not expressly allowed in the Terms.

In no event may the Application be used in a manner that:

  • harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;

  • is unlawful, fraudulent or deceptive;

  • uses technology or other means to access Outfit7’s proprietary information that is not authorized by Outfit7;

  • uses or launches any automated system to access Outfit7’s website or computer systems;

  • attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment;

  • attempts to gain unauthorized access to Outfit7’s computer network or user accounts;

  • encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or

  • violates the Terms.

Access

You must provide at Your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use this Application. Outfit7 does not guarantee that this Application is available in all geographic locations. You acknowledge that when You use this Application, 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 this application from your mobile device and/or PC device. Your right to use the Application is also predicated on Your compliance with any applicable terms of agreements You have with third parties when using Your Application.

Term of the License Grant/EULA

The terms of this EULA shall commence on the date You install or otherwise use the Application and shall end on the earlier of the date of Your disposal of the Application or Outfit7’s termination of this EULA. You may terminate this EULA by uninstalling the Application.

Uninstalling the Application does not result in a refund of the amount paid for the Application. Outfit7 reserves the right, using its sole discretion, to terminate this EULA, request that You remove the Application from Your Device for any reason, including but not limited to Outfit7’s reasonable conclusion that You have violated the Terms. Promptly upon termination, You must cease all use of the Application and destroy all copies of the Application in your possession or control.

Termination will not limit any of Outfit7’s other rights or remedies at law or in equity. If Microsoft disables the ability to use the applications on Your devices pursuant to Your agreement with Microsoft, any associated license rights with Outfit7 will terminate as well.

Submissions of content to Outfit7

The Application may allow You to create content such as videos, data, photographs, messages, graphics, text, and other information (“User Content”) and to share such User Content with Outfit7 or with other sites, including social networking sites, as You may designate. You are solely responsible for Your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “share”) on or through the Application, and You agree that Outfit7 is only acting as a passive conduit for Your online distribution and publication of your User Content.

The Application may enable sharing of User Content in two ways: (i) one to one (e.g. through SMS, e-mail, KakaoTalk and Facebook message); and (ii) one to many (e.g. Facebook, YouTube, Twitter, Kamcord, e-mail). Unless explicitly stated otherwise herein no User Content is stored by Outfit7 and Outfit7 only acts as a passive conduit, offering You a platform to create the User Content and (solely to help You and for the sake of improving user experience) referring You to a third-party service (e.g. e-mail client, Facebook, Twitter or YouTube application) where You can decide what User Content to share, how, when and with whom.

You understand that unless explicitly stated otherwise herein Outfit7 has no control over the access to Your User Content, sharing of Your User Content, privacy or confidentiality of Your User Content and that You, together with the third-party service providers (e.g. Facebook, YouTube, Twitter), are subject to their terms of service and have the sole control over such User Content.

You agree not to share User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that You know is not correct and current.

If You believe that certain User Content shared through the Application, but stored on third party services (e.g. Facebook, YouTube) is infringing your rights, please contact the respective third party service provider, where such User Content is stored.

You agree that any User Content that You share does not and will not violate third-party rights of any kind, including and without limitation any “Intellectual Property Rights” (as defined below), rights of publicity and privacy. To the extent that Your User Content contains music, You hereby represent that You are the owner of all the copyright rights, including and without limitation the performance and the mechanical and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below.

License Grant for the User Content

By creating User Content through Outfit7 Applications, You expressly grant, and You represent and warrant that You have a right to grant, to Outfit7 a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, monetize, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of, and otherwise exploit, all such User Content,as well as Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Application and Outfit7’s (and its successors’ and affiliates’) business, including and without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) or any Outfit7 Applications in any media formats and through any media collections and in connection with various advertisements, such as banner ads, mobile ads and video ads. You also hereby grant each user of the Application a non-exclusive license to access Your User Content through the Application, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Application or the Internet and under this Agreement.

Limitation of liability for the User Content

Outfit7 takes no responsibility and assumes no liability for any User Content that You or any other user or third party creates with the Application or shares through the Application. You shall be solely responsible for Your own User Content and the consequences of sharing or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that You send, upload, download, stream, post, transmit, display, share or otherwise make available or access through Your use of the Application, is solely Your responsibility. In connection with Your User Content, You affirm, represent and warrant the following:

  1. You are at least 18 years of age, or if you are under 18 years of age You are either an emancipated minor, or possess legal consent from a parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

  1. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Application and this EULA, and each such person has released You from any liability that may arise in relation to such use.

  1. Your User Content and Outfit7′s use thereof as contemplated by this EULA and the Application will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

  1. Outfit7 may exercise the rights to Your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

Outfit7 is not responsible for any public display or misuse of Your User Content. You understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and You agree that Outfit7 shall not be liable for any damages you allege to incur as a result of such User Content.

Third-Party Content

Some content and functions available via the Application may include materials from third parties. Outfit7 may integrate third-party content (e.g. user generated You Tube videos) and provide links to third-party websites as a convenience to You. You agree that Outfit7 is not responsible for examining or evaluating the content or accuracy and Outfit7 does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Outfit7 is not in any way responsible for any such use by You.

Consent to Use of Data

Additionally to the consent outlined in the Terms, You hereby allow Outfit7 to collect and use data as stated in the Privacy Policy available at http://outfit7.com/privacy-policy/. The Application may incorporate third-party dynamic in-game advertisement serving technology which enables advertising to be temporarily uploaded into the Application on Your mobile device and replaced while You are online. When You use this Application, we or third parties operating the advertisement serving technology may collect the information from You and use it in accordance with Privacy Policy and the privacy policy of the company providing the ad serving technology. The list of “Third-Party Ad Serving Technology Providers” is available in the Privacy Policy. This ad serving technology is integrated into the Application; if You do not want to use this technology, Your only remedy/opt-out option is to not use the Application.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. OUTFIT7 AND OUTFIT7’S LICENSORS (COLLECTIVELY “OUTFIT7” FOR PURPOSES OF THIS SECTION AND SECTION 10) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

OUTFIT7 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR 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 MULTIPLE DEVICES.

NO ORAL OR WRITTEN ADVICE PROVIDED BY OUTFIT7 OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL OUTFIT7, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION 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 OUTFIT7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT REPAIR, REPLACEMENT OR A REFUND (IF AWARDED AT OUR SOLE DISCRECTION) FOR THE APPLICATION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall Outfit7’s total liability to You for all damages (except as required by applicable law) exceed the amount actually paid by You for the Application. THIS LIMITATION APPLIES, BUT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. You agree that the provisions in this EULA that limit liability are essential terms of this EULA.

Indemnification

You agree to defend, indemnify, and hold harmless Outfit7 and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from Your use or misuse of the Application, violation of the Terms or violation of any rights of a third party. Outfit7 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will cooperate in asserting any available defenses.

Injunctive Relief

You agree that a breach of this EULA or the Terms will cause irreparable injury to Outfit7 for which monetary damages would not be an adequate remedy and Outfit7 shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

Severability and Survival

If any provision of this EULA 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 EULA shall continue in full force and effect.

Entire Agreement

The Terms constitute the entire agreement between You and Outfit7 with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless made in writing and signed by Outfit7. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this EULA, any applicable purchase, or other terms, the terms of this EULA shall govern.

Export

You agree to abide by Cyprus, U.S., EU and other applicable export control laws and agree not to transfer the Application to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Outfit7 is prohibited from transacting business under applicable law.

Changes

We will occasionally update this EULA as necessary to protect our users, furnish current information and respond to legal and technical changes. The most current version of the EULA will govern Your use of our Application and will be available at http://outfit7.com/eula. Please check this web page regularly for any changes. We reserve the right to change this EULA at any time and we will publish changes twice per year. Your usage of the Application after the changes are integrated will constitute your acceptance of the changes.

Contact Information

Should You wish to contact the Outfit7 with any questions, complaints or claims with respect to the Application, You should visit the Outfit7 website at http://outfit7.com/contact/ or contact

support@outfit7.com mail.

Transfer of title for sales of Application

To the extent that applicable legislation allows the parties to a transaction to agree on where title passes for sales of property, You agree that title for sales of Application (software sold by electronic download) passes where Outfit7 is domiciled.

Governing Language and Law

The original version of this EULA is written in English. Any translation of this EULA into any other language is done for local requirements and in the event of a dispute, inconsistency or discrepancy between English and any non-English versions, the English version of this EULA shall govern, to the extent not prohibited by local law in your jurisdiction.

This Agreement and all disputes or controversies arising out of or relating to this Agreement shall be governed by, and construed in accordance with, UK law, if You use the Application in the EU, excluding its conflict of laws rules, or in accordance with the laws of the State of California, excluding its conflict of laws rules, if You use the Application anywhere else in the world.

Arbitration

We will make every reasonable effort to resolve any disagreements that You have with Outfit7. If those efforts fail, by using the Application You agree that any claim, dispute, or controversy You may have against Outfit7 arising out of, relating to, or connected in any way with this Agreement and/or the Application, shall be resolved exclusively by final and binding arbitration.

If You are a resident of the United States of America: (a) any such arbitration shall be administered by the American Arbitration Association (the “AAA”) and conducted before a single arbitrator pursuant to the applicable rules and procedures established by the AAA (the “AAA Rules and Procedures”); (b) the arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for You), or at such other location as may be mutually agreed upon by You and Outfit7; (c) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (d) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Your and/or Outfit7’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (e) in the event that You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Outfit7 will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; (f) all arbitration submissions, communications and proceedings shall be made or conducted in English; and (g) with the exception of clause (d) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the AAA Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

If You are a resident of any country other than the United States of America: (a) any such arbitration shall be administered by the International Chamber of Commerce (the “ICC”) conducted before a single arbitrator pursuant to the “Rules of Arbitration” of the ICC (the “ICC Rules of Arbitration”); (b) the arbitration shall be held in London, England, or at such other location as may be mutually agreed upon by You and Outfit 7; (c) the arbitrator shall apply California law consistent with the ICC Rules of Arbitration and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (d) all arbitration submissions, communications and proceedings shall be made or conducted in English; and (e) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the ICC Rules of Arbitration, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

Third-Party Ad Serving Technology

The Application may incorporate third-party dynamic in-game advertisement serving technology which enables advertising to be temporarily uploaded into the Application on Your mobile device and/or Your PC and replaced while you are online. When you use the Application, we or third parties operating the advertisement serving technology may collect and use the information as specified in the Privacy Policy. Outfit7 has partnered with third-party advertising providers (as specified in the Privacy Policy) and each Application might use one or more of them simultaneously. We strive to obligate partners to adhere to our Privacy Policy, but for some partners, their privacy policy may apply.

Third-Party Technology

One or all Outfit7 Applications use the following third-party technologies stated below. You can find additional terms for use of third-party technologies in Section (C) of this EULA.

  • ZTX Time Stretch/Pitch Shift technology: the Application uses ZTX Time Stretch/Pitch Shift technology licensed from Zynaptiq GmbH, http://www.zynaptiq.com/ztx/ , (c) Zynaptiq GmbH”.

  • DIMBO Font: the Appication uses Font Dimbo © 2009, 2010, 2011, 2012 GrandChaos9000. Some Rights Reserve. Application is licensed by Creative Commons CC – BY – SA 3.0.

  • FOMOD Technology: the Application uses FMOD and/or FMOD Studio audio software licensed under Firelight Technologies.

  • VideoEnabledWebView: The Application uses HTML5 viseo libarary licensed under MIT license.

  • FliteTTS: The Application uses Flite. Flite is free software. It is distributed under an X11-like license: http://www.speech.cs.cmu.edu/flite/doc/flite_2.html#SEC2. Language Technologies Institute, Carnegie Mellon University, Copyright (c) 1999-2009, All Rights Reserved. CARNEGIE MELLON UNIVERSITY AND THE CONTRIBUTORS TO THIS WORK DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL CARNEGIE MELLON UNIVERSITY NOR THE CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

  • Boom Library: Sound Library uses Boom Library Media License.

  • JSON.NET: The Application uses JSON.NET library (http://json.codeplex.com/) licensed under the MIT license: http://json.codeplex.com/license.

  • WPClogger: The Application uses WPClogger Library (http://wpclogger.codeplex.com/) licensed under the Apache License 2.0: htpp://wpclogger.codeplex.com/license.

  • Spring.NETApplication Framework: The Application uses Spring.NET Application Framework library (http://springframework.net/) licensed under the Apache License 2.0: http://springframework.net/license.html.

 

  • Microsoft.Bcl.Compression: The Application usesthe MS.NET Library (http://www.microsoft.com/net/dotnet_library_license.htm).

  • Sqlite-net-wp8: The Application usesthe Sqlite-net-wp8 Library (https://github.com/praeclarum/sqlite-net/blob/master/license.md)

  • Facebook SDK for .NET:. The Application usesthe Facebook SDK for .NET Library licensed under the Apache License 2.0: http://www.apache.org/licenses/LICENSE-2.0.

  • Facebook-winclient-sdk: The Application usesthe Facebook-winclient-sdk Library licensed under the Apache License 2.o: https://github.com/facebook-csharp-sdk/facebook-winclient-sdk/blob/master/LICENSE.txt.

  • Adjust SDK: The Application uses the Adjust SDK library.

  • SharpDX: The Application uses SharpDX library licensed under the MIT License: http://sharpdx.org/about/licensing.

  • Google.APIs.You Tube.v3 Client Library 1.9.0. 1250: The Application uses Google APIs Core Client Library 1.9.0. 1250 library licensed under the Apache 2.0. License: http://www.apache.org/licenses/LICENSE-2.0.

  • Json.NET 6.07: The Appplication uses Json.NET 6.07 library licensed under the MIT License: https://raw.githubusercontent.com/JamesNK/Newtonsoft.Json/master/LICENSE.md.

  • Windows Phone Toolkit 4.20138. 16: The Appplication uses Windows Phone Toolkit 4.20138. 16 for library licensed under the Ms-PL License: http://phone.codeplex.com/license.

  • Apache Commons Lang: The Application usesthe Apache Commons Langlibrary licensed under the Apache License 2.0: http://www.apache.org/licenses/LICENSE-2.0.

  • Apache James MIME4J: The Application usesthe Apache James MIME4J library licensed under the Apache License 2.0: http://www.apache.org/licenses/LICENSE-2.0.

  • Apache HttpComponents HttpMime: The Application usesthe Apache HttpComponents HttpMime library licensed under the Apache License 2.0: http://www.apache.org/licenses/LICENSE-2.0.

  • Flurry SDK: The Application usesthe Flurry SDK for analytics.

  • HasOffers SDK: The Application usesthe HasOffers SDK for campaign install tracking.

  • Adjust SDK: The Application usesthe Adjust SDK for campaign install tracking.

  • Switch: The Application usesthe Switch Library licensed under the Apache License 2.0: https://github.com/BoD/android-switch-backport.

  • FFTW: The Application usesthe FFTW Library.

  • Comland Face Gestures: The Application uses Comland Face Gestures.

  • NeoSpeech’s VoiceText™ Text-to-Speech (TTS) Software: This Application uses NeoSpeech’s VoiceText™ Text-to-Speech (TTS) Software and by using the Application you agree to be bound by the End User License Agreement attached hereto in Section C.

  • Face Detector: The Application uses the Face Detection data file licensed under the Intel License Agreement.

  • Kamcord: The Application uses Kamcord for iOS (https://www.kamcord.com/) licensed under Kamcord Software Terms of Use: https://www.kamcord.com/developers/terms/. The Application uses Kamcord for Android (https://www.kamcord.com/) licensed under Kamcord Software Terms of Use: https://www.kamcord.com/developers/termfor s/. The Application uses Kamcord library for Video recording in Unity apps (https://www.kamcord.com/developers/terms/).

  • NGUI: The Application uses NGUI Library (http://www.tasharen.com/?page_id=140 – NGUI Site License).

  • Khush Nasal: Library for sound processing (xmpp).

  • Google Analytics: The Application uses Google Analytics for iOS and Android (http://www.google.com/analytics/) licensed under Google Analytics Terms of Service: http://www.google.com/analytics/terms/us.html. The Application uses Google Analytics for WP8 (http://www.google.com/analytics/) licensed under the Microsoft Public License (Ms-PL): https://googleanalyticssdk.codeplex.com/license.

  • Tree based 20 x 20 gentle adaboost frontal face detector: The Application uses tree based 20 x 20 gentle adaboost frontal face detector (http://opencv.willowgarage.com/wiki/), licensed under the Intel License agreement For Open Source Computer Vision Library: https://github.com/mtschirs/js-objectdetect/blob/master/CLASSIFIER-LICENSES.txt. Created by Rainer Lienhart. Copyright (C) 2000, Intel Corporation, all rights reserved. Third-party copyrights are property of their respective owners.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* The name of Intel Corporation may not be used to endorse or promote products derived from this software without specific prior written permission.

This software is provided by the copyright holders and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the Intel Corporation or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

  • 25 x 15 Mouth detector computed with 7000 positive samples: The Application uses 25 x 15 Mouth detector computed with 7000 positive samples (http://opencv.willowgarage.com/wiki/) licensed under the Open CV Contributors License Agreement Copyright (c) 2006, Modesto Castrillon-Santana (IUSIANI, University of Las Palmas de Gran Canaria, Spain). All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* The name of the Contributor may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  • 18 x 15 Nose detector computed with 7000 positive samples: The Application uses 18 x 15 Nose detector computed with 7000 positive samples (http://opencv.willowgarage.com/wiki/) licensed under the Open CV Contributors License Agreement. Copyright (c) 2008, Modesto Castrillon-Santana (IUSIANI, University of Las Palmas de Gran Canaria, Spain). All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* The name of Contributor may not used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Third-Party Content:

One or all Outfit7 Applications use the following third-party content:

  1. ADDITIONAL PROVISIONS FOR INDIVIDUAL APPLICATIONS

Tom’s Messenger

Notwithstanding the above, the Tom’s Messenger Application enables You to share User Content in the form of a video message (the “Video Message”) to others through certain channels where the Video Message cannot be sent to the recipient as a part of the communication due to size restrictions. Such channels are SMS and Facebook message. In such cases Outfit7 will store Video Message on its servers for a period of 14 days. However, Outfit7 will still only act as a passive conduit and will not check or in any way interfere with any of the Video Message stored on its servers.

You hereby grant Outfit7 the permission to use Twitvid service located on www.twitvid.com. Such permission allows Outfit7 to (i) open an account with Twitvid in Your name, using Your Twitter credentials and (ii) confirm and accept Twitvid’s terms (located on http://www.twitvid.com/?s=about#terms) and Twitvid’s privacy policy (located on http://www.twitvid.com/?s=about#privacy) on Your behalf, and (iii) upload video content to Your Twitvid when directed to do so by You.

You retain all your ownership rights to Your Video Message. By sharing a Video Message through Outfit7’s channels, You expressly grant, and You represent and warrant that You have a right to grant, to Outfit7 a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, monetize, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of, and otherwise exploit, all such Video Messages and Your name, voice, and/or likeness as contained in Your Video Message, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Application and Outfit7’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) or any Outfit7 Applications in any media formats and through any media collections and in connection with various advertisements such as banner ads, mobile ads and video ads. You also hereby grant each User of the Application a non-exclusive license to access Your Video Message through the Application, and to use, reproduce, distribute, display and perform such Video Message as permitted through the functionality of the Application or the internet and under this Agreement. The above licenses granted by You in the Video Message for which the Application does not provide You a means to delete or remove are perpetual and irrevocable.

Outfit7 reserves the right, but is not obligated, to reject and/or remove any Video Message that Outfit7 believes, in its sole discretion, violates the provisions of this EULA. The Tom’s Messenger Application by design intends that any Video Message stored on Outfit7 servers is destined solely to an individual. Therefore Outfit7 will consider any complaint with regard to a particular Video Message to be justified and will act with reasonable efforts to remove such Video Message immediately.

If You believe that a certain Video Message that is stored on Outfit7 servers: (i) constitutes copyright infringement; (ii) constitutes infringement of Your privacy or personal rights; or (iii) is in any way infringing the terms of this EULA, please notify Outfit7 at http://outfit7.com/contact/. For infringements by User Content that is not stored on Outfit7 servers please contact the respective third-party service provider, where such User Content is stored.

You understand that Outfit7 does not guarantee any confidentiality with respect to any Video Message stored on Outfit7 servers. Once the Video Message is stored on Outfit7 server, the access to such Video Message will be enabled to third parties solely through a hyperlink to a Outfit7 website where the Video Message will be streamed through a web browser. The hyperlink to the Video Message will not be shared with any person nor any public search engine, other than the person(s) to whom You will send such a hyperlink yourself. However You understand that the technical characteristics of the Internet do not enable Outfit7 to ensure full confidentiality and that a third person might gain access to the Video Message through unintended ways. Outfit7 is therefore not responsible for any public display or misuse of Your Video Message.

Talking Tom for Messenger

Talking Tom for Messenger Application is integrated with a social media messenger as the main feature and can therefore be used only by users over the age of 13. Talking Tom for Messenger is the easiest and fastest way to send a video message to Your friends on Messenger. You don’t even need to type. You can choose your favorite Talking Tom and Friends character and tell them what You want to say. You can choose to be Talking Tom, Talking Angela, Talking Ben, Talking Hank or Talking Ginger. After selecting the character You want to send the message with, You need to select a background or use Your own photo. Then You can record a message by pressing the big red camera button and simply sent the video to Your friends, family and loved ones via Messenger. You can also create Your own funny video story.

You retain all your ownership rights to Your Video Message. You understand that Outfit7 does not guarantee any confidentiality with respect to any Video Message sent through social media messenger. Sending Video Messages through social media messenger shall be governed by the polices of such social media. Outfit7 is therefore not responsible for any public display or misuse of Your Video Message.

My Talking Tom

The My Talking Tom Application enables the nurturing of Talking Tom from a kitten to a fully grown cat. You can play with Tom, feed him, visit the toilet and tuck him into bed. By doing so You help Tom grow. You can also dress Tom, change his appearance and decorate his apartment. In addition Tom still repeats everything You say and You can poke, stroke and tickle him, and watch how he responds. You can give Tom food, change his look and decorate his apartment by spending gold coins. You can do so by using the icons on the bottom of the Application. You can check the status of Your Tom by using the icon on the top left of the Application.

You can play and access all levels of the Application and all features necessary to progress within a game without making any in-app purchases using real money. You can give Tom food, change his appearance, change his apartment and progress through the level with using earned and gained gold coins. Gold coins can be earned by playing in-app mini-games, liking the app via Facebook, receiving push notifications and progressing to the next level.

Progressing through levels is not conditioned upon buying gold coins with real money. You can play the game and progress through the levels waiting for the items you want to be unlocked. In order to unlock the items prior to progressing to the level in which the items are unlocked, You will have to pay more gold coins for the items. This means that You will either have to engage in the in-app mini-games more to earn more gold coins or You can also buy gold conis with real money.

In-app purchases range from EUR 1.79 to EUR 89.99. Different gold coins packages also disable advertisements in the Application. These rates are in EUR currency and are subject to change and localization to the local currency, which shall be done by the App store from which You downloaded the App, meaning thatthe prices may vary plus or minus 15%. You should always check the prices in the Application to get real values of the gold coin packages and items You want to buy in Your territory.

Jigty

The Jigty Application enables the challenging a friend functionality, by which You choose your friend and he/she will receive a Facebook notification. Once the friend clicks on such notification he/she will receive the puzzle You solved, Your time, number of used puzzles and rotation info. The friend will also be able to see Your profile picture. By using the challenge a friend functionality, You adhere to such use of Your information.

My Talking Angela

The My Talking Angela Application enables the nurturing of Talking Angela from a kitten to a fully grown cat. You can play with Angela, feed her, brush her teeth, bathe her and tuck her into bed. By doing so You help Angela grow. You can also dress Angela, change her appearance, decorate her apartment, customize the view from her terrace, play games and collect virtual stickers. In addition Angela repeats everything You say and You can poke, stroke and tickle her, and watch how she responds.

You can give Angela food, change her look and decorate her apartment by spending gold coins and/or diamonds. You can do so by using the icons on the bottom of the Application. You can check the status of your Angela by using the icon on the top right of the Application and choosing “Game Options”.

You can play and access all levels of the Application and all features necessary to progress within a game without making any in-app purchases using real money. You can give Angela food, change her appearance, change her apartment and progress through the level by using earned and gained gold coins or diamonds. Gold coins can be earned by playing in-app mini-games, liking the app via Facebook, receiving push notifications, selling duplicate stickers and progressing to the next level.

Progressing through levels is not conditioned upon buying gold coins with real money. You can play the game and progress through the levels waiting for the items You want to be unlocked. In order to unlock the items prior to progressing to the level in which the items are unlocked, You will have to pay diamonds for the items. This means that You will either have to buy diamonds (with real money) or earn diamonds by completing pages of Your sticker album or by watching video ads. After buying or earning new diamonds You can convert them into gold coins. In-app purchases using real money can also get You double coins in mini games. Diamond packages also disable advertisments in the Application.

In-app purchases range from EUR0.89 to EUR89.99. All rates are in EUR currency and are subject to change and localization to the local currency, which shall be done by the App store from which You downloaded the App, meaning that the prices may vary plus or minus 15%. You should always check the prices in the Application to get real values of the diamond packages and items You want to buy in Your territory.

Mars Bubble Jam

Mars Bubble Jam Application allows You to play bubble matches in competition with other players at the same time. You can select your favourite character. The precondition to use the app is signing in with your Google+ account (for Android users) or Game Center account (for iOS users). Additionally you can also login with Facebook account. You can choose to be matched with random players, play with your FB friends and/or play with other Game Center users (for iOS users) or people in your Google+ circles (for Android users). For privacy settings please refer to our Privacy Policy.

You can play and access all levels of the Application and all features necessary to progress within a game without making any in-app purchases using real money. Matches cost energy which replenishes over time so that You can play every day for free. You can buy more energy using gems. You can earn gems by playing matches and from tournaments. You can earn points for every match You win and by doing so You can increase your rank. Regular tournaments take place in the game. At the end of the tournament You receive rewards based on your final rank. Your previous performance gives you a boost at the start of the next tournament.


You can buy more energy or gems with in-app purchases if You have exhausted your energy supply and would still like to play immediately. During promotions you can purchase unlimited energy for period of time or unlimited energy forever. Every purchase disables all advertisements within the app.

In-app purchases range from EUR0.99 to EUR99.99. All rates are in EUR currency and are subject to change and localization to the local currency, which shall be done by App store from which you downloaded the App, meaning that the prices may vary plus/minus 15%. You should always check the prices in the Application to get real values of the gem and energy packages in your territory.

  1. ADDITIONAL TERMS FOR USE OF THIRD-PARTY TECHNOLOGIES

END USER LICENSE AGREEMENT

NEOSPEECH, INC.

END USER LICENSE AGREEMENT

YOU MAY NOT HOST ONLINE SERVICES USING THE SOFTWARE OR DISTRIBUTE AUDIO OUTPUT OF THE SOFTWARE WITHOUT A SEPARATE WRITTEN AGREEMENT WITH NEOSPEECH.

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY. THE PROGRAM IS COPYRIGHTED AND IS LICENSED (NOT SOLD) TO YOU BY NEOSPEECH, INC., A CALIFORNIA CORPORATION (“NEOSPEECH”). BY PRESSING THE “ACCEPT” BUTTON AT THE END OF THIS LICENSE, YOU ARE ACCEPTING AND AGREEING TO THIS AGREEMENT’S TERMS. THIS LICENSE SHALL APPLY TO ALL PRODUCTS, UNLESS REPLACED BY NEOSPEECH.

1. License Grant: NeoSpeech grants to You, and You accept, a personal, non-transferable, nonexclusive license to use the Software (“Software”), in object code only, on any computer owned, leased, or otherwise controlled by You, and to use the Software only as authorized under this Agreement. You agree that You will not assign, sublicense, transfer, pledge, lease, rent, or share Your rights under this License Agreement. In no event may You distribute the software. You agree that You may not reverse assemble, reverse compile, or otherwise translate the Software. The Software is licensed to You bundled with other software. You may not use the Software on a stand-alone basis.

2. NeoSpeech’s Rights: You acknowledge and agree that the Software are proprietary information of NeoSpeech, and are protected under United States and international copyright law. You further acknowledge and agree that all rights, title, and interest in and to the Software, including all associated intellectual property rights, belong to, and shall remain with NEOSPEECH. This License Agreement does not convey to You an interest in or to the Software, but only a limited right of use, which is revocable, in accordance with the terms of this Agreement.

3. Term: This License Agreement is effective upon Your installation of the Software, and shall continue until this Agreement is terminated. You may terminate this License Agreement at any time by deleting the Software from Your computer and deleting all audio output generated by the software. NeoSpeech may terminate this License Agreement upon Your breach of this Agreement. Upon such termination by NeoSpeech, You agree to delete the Software and all its audio outputs, and to certify in writing to NeoSpeech that You have destroyed all copies in Your possession.

4. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE AND RELATED SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NEOSPEECH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND RELATED SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEOSPEECH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE AND RELATED SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE AND RELATED SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND RELATED SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEOSPEECH OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

5. LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NEOSPEECH BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE AND RELATED SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NEOSPEECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall NeoSpeech’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed USD25.00. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6. Indemnity: You shall indemnify and hold NeoSpeech and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with Your use of the Software and related services or breach of this Agreement.

7. Export: The Software may be subject to United States export controls. By downloading the Software, You warrant that You are not located in any country, or exporting the Software to any person or place, to which the United States has embargoed goods.

8. Trademarks: All logos, Product names and designs are trademarks of NeoSpeech. No right, license, or interest to any such trademark is granted under this Agreement, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademark.

9. Governing Law: This License Agreement shall be construed and governed in accordance with the laws of the State of California, with venue expressly agreed by You to be in Santa Clara County, California.

10. Costs of Litigation: If any action is brought by either party to this License Agreement against the other party regarding this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and expenses of litigation.

11. Severability: Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

12. No Waiver: The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Outfit7 Limited, last update April, 2015

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