TERMS OF SERVICE
We are GamePix S.r.l, a company under laws of Italy, with registered address at: Via Belluno, 1 – 00161- Roma, Italia. (“Gamepix” or “GPX” or “We” or “Us”), is a developer and publisher of games (“Games”) and mobile gaming applications (our “Apps”) that are made available via app stores including the Apple Application Store and Google Play Store (the “Services”). As a precondition for you using our Services, you must agree to these Terms of Service (“Agreement”). By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to the Agreement, you may not use or otherwise access the Services. Unless otherwise specified by a component of the applicable Service, the Services are free to use or download but may contain features which may allow you to make purchases within the Services.
2. END-USER LICENSE AGREEMENT
2.1 License Subject to the terms of this Agreement, GPX grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each App on a mobile device that you own or control for your use (the “License”).
2.2 Certain Restrictions The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App and/or Game; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any App and/or Game in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any App and Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App and/or Game. Any future release, update, or other addition to functionality of any App and/or Game (including in-app purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App and/or Game content must be retained on any copies.
2.3 Local Laws You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
2.4 Modification GPX reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that GPX will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.
2.5 Ownership Apps provided to you are licensed to you and not sold. GPX (and its licensors, where applicable) own all rights, titles and interests, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App and/orGame. The GPX name, logo, and the product names associated with the Apps belong to GPX (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. GPX (and its licensors, where applicable) reserve all rights not granted in this Agreement.
2.6 Ads When you start or stop a Game, it may display an ad. During gameplay, banners, rewarded videos and/or interstitial ads may be displayed.
3. USER CONTENT
3.1 User Content “User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by GPX. GPX is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
3.2 License By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have the right to grant to GPX an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content in any Game.
3.3 Feedback If you provide GPX any feedback or suggestions (“Feedback”), you hereby assign to GPX all rights in the Feedback and agree that GPX shall have the right to use such Feedback and related information in any manner it deems appropriate. GPX will treat any Feedback you provide to GPX as non-confidential and non-proprietary. You agree that you will not submit to GPX any information or ideas that you consider to be confidential or proprietary.
3.4 Acceptable Use Policy The following sets forth GPX’s – “Acceptable Use Policy”: • You agree not to use any Game to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations. • You agree not to use any Game to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Apps (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the App or Game or servers or networks connected to Apps (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any App.
3.5 Enforcement We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
4. TERM AND TERMINATION
4.1. This User Agreement runs for an indefinite term.
4.2. Either Party may terminate this Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the User Agreement with immediate effect by deleting the Apps from your device.
4.3 If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our Apps and/or terminate this User Agreement. Your breach of Sec. 2 or 3 shall be considered a material breach.
4.4 Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
4.5 Upon expiry, you will no longer be able to access the Apps that was the subject matter of the User Agreement. Your in-game progress and any other App-related data will be deleted. Only if GPX continues to operate the App, you may again download the App or access the App whereby a new User Agreement will start to run. However, any game-related data cannot be restored.
4.6. We may (a) suspend your rights to use any App and/or Game, and/or any related services or (b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, GPX reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to GPX by the copyright owner or the copyright owner’s legal agent.
4.7. Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. GPX will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2, 2.3, 2.4, 2.5, 3, 4.4, 5, 6, 7, 8, 9, 10, and 11.
You agree to defend, indemnify and hold harmless GPX (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement. GPX reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GPX and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GPX. GPX will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. THIRD PARTIES
6.1 Application Stores You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and GPX and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with Apps (if any). You agree to comply with, and your license to use Apps is conditioned upon your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using the Apps. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
6.3 Other Users The Apps may contain User Content provided by other users of the Game. GPX is not responsible for and does not control the User Content. GPX has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that GPX will not be responsible for any liability incurred as the result of any such interactions.
6.4 Release You hereby irrevocably and unconditionally release and forever discharge GPX (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Apps users, or Third Party Advertisers.
7.1 APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND GPX (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. GPX (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY APPS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASp> IS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION ON LIABILITY
8.1 IN NO EVENT SHALL GPX (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR GPX’S PRIVACY PRACTICES, ANY APP, EVEN IF GPX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APPS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GPX’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR GPX’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID GPX IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL GPX’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. 8.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9.2. Subscriptions 1. Some parts of the App are billed on a subscription basis (“Subscription(s)”). Subscription provides access to dynamic content or services from within the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game (“Subscription Period”). Payment will be taken from Your iTunes or Google Play account (“Account”) when You confirm the Subscription by available confirmation tools of the Game. 2. Trial Subscription may be offered free of charge for certain period of time from activation specified in the relevant offer in the Apps. If You do not cancel the Subscription within such period, Subscription Fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. GPX can not cancel your free-trial subscription if it has already been activated. 3. Subscription is automatically renewable, unless You turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled. 4. Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel Your current Subscription if it has already been activated. 5. Except when required by law, paid Subscription Fees are non-refundable. 6. Gamepix in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period. 7. You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.
10.1. Changes to this Agreement This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our App. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our App. These changes will be effective immediately for new users of our Apps. Continued use of our Apps following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.
10.2. Notice Any notice provided to GPX pursuant to this Agreement should be sent to email@example.com
10.3. Severability If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
11. APPLE APPLICATION STORE ADDITIONAL TERMS AND CONDITIONSThe following additional terms and conditions apply to you if you are using a App from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 11, the more restrictive or conflicting terms and conditions in this Section 11 apply, but solely with respect to Apps from the Apple Application Store.
11.1 Acknowledgement GPX and you acknowledge that this Agreement is concluded between GPX and you only, and not with Apple, and GPX, not Apple, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage the rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
11.2 Scope of License The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
11.3 Maintenance and Support GPX is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement (if any) or as required under applicable law. GPX and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
11.4 Warranty GPX is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be GPX’s sole responsibility.
11.5 Product Claims GPX and you acknowledge that GPX, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit GPX’s liability to you beyond what is permitted by applicable law.
11.6 Intellectual Property Rights GPX and you acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes the third party’s intellectual property rights, GPX, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11.7 Developer Name and Address GPX’s contact information for any end-user questions, complaints or claims with respect to the App is set forth in Section 10.2.
11.9 Third-Party Terms of Agreement You must comply with applicable third-party terms of agreement when using a Game.
11.90 Third-Party Beneficiary GPX and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.