art online User Agreement - canmind/app GitHub Wiki

art online User Agreement

In this policy, "art online user agreement" may also refer to "art online". This agreement requires the use of individual arbitration to resolve disputes, not jury trials or class actions, and also limits the remedies you can use in case of disputes. This user agreement ("Agreement") specifies the legally binding terms for your use of any application (including any related services provided by ball). By using any application, you accept this agreement and represent and warrant that you have the right to participate in this agreement. If you do not agree with all the terms of this agreement, please do not use any application. This Agreement is the final, complete and exclusive agreement reached on the subject matter of this Agreement (including Appball), and supersedes and incorporates such matters between the parties (including any previous end-user license agreement, user agreement or privacy policy). 1. End User License Agreement 1.1 License According to the terms of this Agreement, Ball grants you a non transferable, non exclusive license to (a) use it for your personal use, and (b) copy the copy of the download website authorization of each application on the mobile device that you own or control for your use for download, installation and execution (the "License"). 1.2 Certain limitations The rights granted to you under this Agreement are subject to the following restrictions: (a) You may not license, sell, lease, transfer, assign, distribute, trust or otherwise commercially utilize any application; (b) Unless the above restrictions are expressly prohibited by applicable laws, you shall not modify, translate, modify, merge, make derivative works, disassemble, decompile, decompile or reverse engineer any part of Apjisqqi; (c) You shall not access any application to build similar or competitive services or applications; (d) Except as expressly stated herein, no part of any application may be copied, copied, distributed, republished, downloaded, displayed, published or disseminated in any form or by any means, or (e) you may not remove or destroy any application copyright declaration or any other proprietary mark contained in any application. Unless otherwise specified in the terms related to such addition, any future application release, update or other feature addition (including in application purchase, additional level and game enhancement) shall be subject to the terms of this Agreement. All copyright and other proprietary notices of any App content must be retained on any copy. 1.3 Local Laws You are solely responsible for complying with all applicable laws, including but not limited to export and import regulations. 1.4 Modification Ball reserves the right to modify, suspend or terminate Apjisqiqi or any part thereof at any time without notice. You agree that Ball will not be liable to you or any third party for any modification, suspension or termination of any App or any part thereof. 1.5 Ownership Apball offers you permission, not for sale. In addition to your user content (as defined below), ball (and its licensors, if applicable) owns all rights, title and interests of Apball, including all related intellectual property rights. This Agreement is not a sale, nor will it convey to you the ownership of or rights to any Application. The ball names, logos and product names associated with Apball belong to ball (or its licensors, if applicable) and have no right or license to use them by implication, estoppel or otherwise. Ball (and its licensors, if applicable) reserves all rights not granted in this Agreement. 1.6 Advertising Ads may be displayed when you start or stop the application. During the game, banner ads and/or insert ads may be displayed. 2. User Content 2.1 User Content The "user content" of a user refers to any and all content uploaded, distributed or otherwise provided by the user through any application. You are solely responsible for your user content. You bear all risks related to the use of your user content, including any reliance on the accuracy, completeness or usefulness of others, or any disclosure of your user content, so that you or any third party can identify yourself. You hereby declare and warrant that your user content does not violate the Acceptable Use Policy (as defined below). You shall not declare or imply that your user content is provided, sponsored or recognized by Ball in any way. Ball has no obligation to back up any user content and user content may be deleted at any time. If you wish, you are solely responsible for creating a backup copy of the user’s content. 2.2 Permits By uploading, distributing or otherwise using your user content and any application, you automatically grant, and you represent and warrant that you have the right to grant to Ball an irrevocable, non exclusive, royalty free and fully paid global license, and the right to grant the right to copy, copy, distribute, publicly display, publicly display, prepare derivative works, merge into other works and use your user content in other ways, It is only used to display your user content on any app. 2.3 Feedback If you provide any feedback or suggestions to Ball ("Feedback"), you hereby specify all rights of Ball in the feedback and agree that Ball has the right to use such feedback and related information in any way it thinks fit. Ball will regard any feedback you provide to Ball as non confidential and non proprietary. You agree that you will not submit any information or ideas that you consider confidential or proprietary to Ball. 2.4 Acceptable use policy The following describes ball’s § "Acceptable Use Policy": (1) You agree not to use any application to upload, distribute or otherwise use any user content that violates the rights of any third party (a), including any copyright, trademark, patent, trade secret, moral right, privacy, right publicity or any other intellectual property or proprietary rights; (b) Infringement, trade slander, slander, false or intentionally misleading, (c) harassment, abuse, threat, harmful, vulgar, obscene or offensive or containing pornography, nudity or graphics or unreasonable violence, or in any way promote violence, racism, discrimination, bigotry, hatred or any form of physical harm to any group or individual, or otherwise cause antipathy, (d) harm minors in any way; (e) Constitute unsolicited or unauthorized advertisements, promotional materials, spam, spam, chain letters, pyramid schemes or any other form of repetitive or unsolicited messages, whether commercial or otherwise; Or (f) violates any law, regulation or contractual obligation. (2) You agree not to use any application program: (a) upload or distribute any computer virus, worm, malicious code or any software designed to damage or change the computer system or data; (b) Collect information or data about other users without their consent (for example, using harvesting robots, robots, spiders or scrapers), including email addresses; (c) Disable, overburden, damage or otherwise interfere with the server or network connected to Apjisqiqi (such as denial of service attacks); (d) Attempt to access Apball related websites or applications or servers or networks without authorization (for example, through password mining); Or (e) interfere with other users' use and enjoyment of any application. 2.5 Enforcement We reserve the right (but not the obligation) to audit any user content at our discretion. We may delete or modify your user content at any time for any reason, and we have the right to notify you at our discretion. 3. Term and Termination 3.1 This agreement starts from the date you accept this agreement (as described in the preamble), and remains in full force and effect when you use this application, unless terminated earlier in accordance with this agreement. 3.2 Notwithstanding the above provisions, if you use any application before accepting this agreement (as described in the preamble), you hereby confirm and agree that this agreement will take effect from the date you first use any application, which may be before the agreement version date), and will remain in full force and effect when you use any application, unless terminated earlier in accordance with this agreement. 3.3 We may (a) suspend your right to use any application and/or any related service at any time for any reason, or (b) terminate this Agreement. We have the right to decide whether to notify you at our discretion, including if we are in good condition and believe that you have violated the Acceptable Use Policy or any other terms of this Agreement. Without limiting the above contents, ball reserves the right to terminate the agreement with any user who repeatedly infringes the copyright rights of a third party when the copyright owner or the legal representative of the copyright owner promptly notifies ball. 3.4 After the termination of this agreement, your right to use this application will automatically terminate immediately. You understand that any termination may involve deleting user content related to this from our real-time database. Ball will not be responsible for any termination of this Agreement, including the deletion of your user content. Even after the termination of this Agreement, the following provisions of this Agreement shall remain valid: Articles 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8, 9 and 10. 4. Compensation You agree to defend, indemnify and hold ball (and its suppliers) harmless from and against any claims, suits, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with (i) your use of any application, (ii) your user content, or (iii) your breach of this Agreement. Ball reserves the right to assume exclusive defense and control over any matter for which you need to compensate Ball, and you agree to cooperate with us in the defense of these requests. You agree not to solve any problem without the prior written consent of Ball. Ball will use its reasonable efforts to notify you of any such claims, suits or proceedings. 5. Third party 5.1 App Store. You acknowledge and agree that the availability of the App depends on the third party you receive the App, such as Apple iPhone or Android Store ("App Store"). You acknowledge that this agreement is between you and ball, not in the App Store. The App Store is not responsible for the app, its content, maintenance, support services and warranties, and for handling any claims related thereto (such as product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply, and your license to use the Application depends on your compliance with all applicable third-party agreement terms (for example, the terms and policies of the App Store). You acknowledge that the App Store (and its subsidiaries) is a third party beneficiary of this Agreement and has the right to execute this Agreement. 5.2 Third party services Ball may allow some third-party applications (such as leaderboards, game networks) to provide content through applications ("third-party services"). This application can be used to send content provided by third-party services between users who have installed third-party services on their devices. When you do this, ball will share information with third-party services as described in the ball privacy policy. Ball is not responsible for and does not control third-party services. Ball only provides these third-party services for your convenience. Ball has no obligation to audit or supervise the third-party services, and will not approve, recognize or make any representation or warranty. You use all third-party services at your own risk. When you access third-party services, the applicable third-party terms and policies will apply, including the third-party privacy policy. Before conducting any transaction related to third-party services, you should make such investigation as you think necessary or appropriate. 5.4 Other users An application may contain user content provided by other users of the application. Ball is not responsible for and does not control user content. ball has no obligation to audit or supervise the user content, and will not approve, endorse or make any representation or warranty. You use all user content and interact with other users at your own risk. Your interaction with other users is only between you and other users, and we are not obligated to participate in it. You agree that ball will not bear any responsibility arising from any such interaction. Version 5.5 You hereby irrevocably and unconditionally release and permanently release any third party (and its suppliers) from any interaction between any third party and any third party, any and all claims, demands and rights of action related to acts or omissions, whether known or unknown services, other Apball users or third-party advertisers. If you are a resident of California, you hereby agree with the above California Civil Code No. 1542 concerning the above provisions, which stipulates: "The general relief restriction does not apply to the time when the creditor does not know or suspect that it exists or she is executing the release. If he or she knows it, it must seriously affect his or her settlement with the debtor“ 6. Disclaimer 6.1 APball provides as is, and ball (and its suppliers) expressly disclaims any form of warranty and condition, whether express or implied, including marketability, fitness for a particular purpose, ownership, quiet enjoyment, accuracy or non infringement. Ball (and its suppliers) does not guarantee that any application: (A) will meet your requirements; (B) It will be provided on an undisturbed, timely, safe or error free basis; Or © will be accurate, reliable, complete, legal or safe. 6.2 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 7. Limitation of Liability 7.1 In no event shall ball (or its suppliers) be liable for APP for any loss of profits or any indirect, indirect, disciplinary, incidental, special or punitive damages arising out of or in connection with this Agreement or for ball’s privacy behavior, even though ball has been informed of the possibility of such damages. Access to and use of any application is your own judgment and risk, and you will be solely responsible for any damage to your computer system or mobile devices or the resulting data loss. Notwithstanding any provision to the contrary to this Agreement, ball’s liability for any loss caused by this Agreement or ball’s privacy practices (whether for any reason or in the form of any action) will always be limited to the amount (if any) you paid in the previous 12 months. In no case shall the supplier of ball bear any responsibility related to this agreement. 7.2 Some jurisdictions do not allow limitation or exemption of liability for incidental damages, so the above limitations or exclusions may not apply to you, and you may also have other legal rights different from those of jurisdictions. 8. Expenses You agree to pay all fees and applicable taxes incurred by you or anyone who purchases through the App. ball can modify the price of goods and services provided for you at any time through the application. You acknowledge that Ball does not need to provide a refund for any reason, and you will not receive money or other compensation for unused virtual items when you close your account or stop using the APP You agree to pay the applicable fees (applicable to us or applicable dealers) to the Apball you downloaded and any in app purchases (such as virtual currency, coins, gemstones, in app products, additional levels and game enhancements) 9. General 9.1 Changes to this Agreement This agreement may be amended occasionally. If we make any substantial changes, we may obviously post a notice of change on this website to notify you. Any change to this Agreement will take effect on site within thirty (30) calendar days after we send us an email notice (if applicable) or within thirty (30) calendar days after we issue a change notice. These changes will be immediately available to new users of Apball. Continue to use our Apball. These change notices below shall indicate that you acknowledge such changes and agree to be bound by the terms and conditions of these changes. The date of the latest update is shown at the top of this document. We recommend that you print a copy of this agreement for reference and revisit this page from time to time to ensure that you understand any changes. 9.2 Notice Any notice provided to Ball under this Agreement shall be addressed to: [email protected] 9.3 Separability If any provision of this Agreement is determined to be invalid or unenforceable for any reason, other provisions of this Agreement will not be damaged, and the invalid or unenforceable provisions will be deemed to have been modified to the maximum extent effective and enforceable by law. 9.4 Entire Agreement This agreement is the final, complete and exclusive agreement between you and Cisiqi on the subject matter of this agreement (including all Apballs), and supersedes and incorporates all prior discussions and agreements between both parties on such subject matter (including any previous end-user license agreement and user agreement or privacy policy). Our failure to exercise or enforce any right or provision of this Agreement shall not be deemed as a waiver of such right or provision. Section headings in this Agreement are for convenience only and have no legal or contractual effect. The term includes but is not limited to means. Your relationship with ball is that of an independent contractor, and neither party is the agent or partner of the other party. Without the prior written consent of Ball, this Agreement and your rights and obligations cannot be transferred by you, and any attempt to transfer in violation of the above provisions is invalid. Without your consent, ball can transfer this agreement, involving merger, acquisition, reorganization or sale of all or most of its assets or other legal operations. The terms of this Agreement shall be binding on the Assignee. 10. Apple App Store Additional Terms and Conditions If you use an app in the Apple App Store, the following additional terms and conditions apply to you. If other terms and conditions of this Agreement are less restrictive than those of this Article 10, or conflict with the terms and conditions of this Article, the stricter or conflicting terms and conditions in this Article 10 apply, but only if Appball comes from an Apple app store. 10.1 Thank you: Ball and you acknowledge that this agreement is only reached between Ball and you, not with Apple, and that Ball, not Apple, is solely responsible for the App and its contents. If the application use rules specified in this Agreement are less restrictive than those specified in the App Store User Agreement, or conflict with the App Store User Agreement, the stricter or conflicting Apple terms shall apply. 10.2 License scope: The license granted to your application is limited to the non transferable license to use the application on the iOS product owned or controlled by you, and the use rules specified in the application store user agreement allow it.