Running Pixel its subsidiaries and affiliates (“Company” or “we”) welcome you (“User” or “you”) to the featured interactive mobile device applications offered by us (“App (s)” as further defined below).
1. Acceptance of the Terms
By installing the Apps on your mobile device, entering into, connecting to, using and/or accessing any of the Apps, you acknowledge that you have read, understood and agree to be bound by the Terms, and agree to comply with all applicable laws and regulations regarding your use of the Apps and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT INSTALL ANY OF THE APPS, DO NOT ENTER INTO, CONNECT TO, ACCESS OR USE ANY OF THE APPS AND PROMPTLY ERASE ALL OUR APPS FROM YOUR MOBILE DEVICE.
The Apps are offered only to individuals who possess the legal capacity to enter into these Terms or whose legal guardian has agreed to these Terms. You hereby agree that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the App(s) in accordance with these Terms, and to fully perform your obligations hereunder. If you are under the age of majority, you agree that your legal guardian has reviewed and agreed to these Terms.
2. The Apps
We offer various mobile applications (such as casual and hyper casual games) for all ages (“Apps”):
(i) Apps distributed within our developer account under the brand “Running Pixel” that do not include an age-gate and are intended for general audiences (“Running Pixel”)
(ii) Apps distributed within our other developer accounts (except for Running Pixel account) that do not include an age-gate and are treated as primarily directed at children (“Children Apps”)
(iii) Apps that include an age-gate and are not primarily directed at children but may appeal to them. Users of such Apps who indicate they are under the age of sixteen (16) are treated as children.
Note that the Apps may include local notifications that are sent to a User directly on his/her mobile device.
Certain of the Apps may permit in-app purchases, even if such Apps were downloaded for free. Such in-app purchases may not require the re-entry of credit card information as such in-app purchases will be made through an existing account with a third party distributor (such as Apple or Google ). Please note that the Apps may only be available for certain operating systems (such as iOS or Android). The User may only download and use the Apps on a device running validly licensed copies of the operating systems on which the Apps were designed to operate. To be able to access and/or use the Apps, or any portion thereof, User must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.
We may make some Apps available to you at no charge and others for a fee (whether by way of in-app purchases or subscription), as described on our Apps detail pages. If such requested fees are not paid, it may result in the User not being able to access the Apps or parts thereof.
With respect to Apps that provide an option to pay periodic subscription fees: such payment will enable the User to receive access to the full version of the App (i.e., unlimited access to the full functionality of such App) and any related content updates. The User will be able to enjoy such full version of the App from any devices registered on his/her app store account, as long as his/her subscription is active. A User may cancel a subscription, however, the cancellation will not come into effect until the end of the applicable billing cycle. If the User ceases to pay the subscription fees, the User will return to the “free to play”/free trial mode, which is limited in the functionalities that are provided for free (if any). The duration, price and terms of payment of the subscriptions will appear in the applicable Apps detail pages.
Auto-renewal subscriptions: By signing up for a subscription, you agree that your subscription will be automatically renewed at the end of each paid subscription period, unless you cancel it, and you authorize us to charge your account for the renewal term. The auto-renewal may be turned off by the User in his/her app store account settings following the first payment of the subscription fees. Deleting the App from the device does not necessarily result in cancellation of your subscription. For more information how to manage subscriptions please refer to Apple Support at: https://support.apple.com/en-us/HT202039 or Google Support at: https://support.google.com/googleplay/answer/7018481?hl=en&ref_topic=1689236. Where an auto-renewal subscription is offered, the purchase offer will indicate the subscription’s duration, price and terms of payment. The following conditions apply with respect to auto-renewal subscription:
● payments will be charged to User’s app store account at confirmation of purchase;
● the subscription will automatically renew, unless the User cancels the auto-renewal or the subscription at least 24 hours before the end of the current billing cycle (on Google Play or AppStore). Cancellation of a subscription and/or of auto-renewal will not entitle User to any refund.
● User’s AppStore account will be charged for renewal within 24 hours prior to the end of the current period;
● any unused portion of a free trial period, if offered, will be forfeited when the User purchases a subscription to that App, where applicable; and
● We may increase pricing for Users who are existing subscribers:
○ In the case of the AppStore, the Users will be asked to agree to the new price, otherwise the auto-renewal feature will be disabled.
○ In the case of Google Play, a notice will be sent to the User and the increase will apply to the next payment due from the User after the notice, provided that the User has been given at least 10 days’ prior notice before the charge is made. If the User is given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
Note: We may, at our discretion, distribute Promotional Codes (defined below) which allow free use of Apps (or portions thereof). For more information, please refer to Section 26 below. We may also make some Apps available to Users for offline use. During the offline use not all functionalities will be available to the Users. In addition, you hereby acknowledge and agree that you may be charged for Internet and data usage charges made through use of the Apps according to the applicable rates charged by your respective third party internet and data usage service provider. We will not be liable for any Internet and data usage charges which you may be charged by your respective third party internet and data usage service providers.
Certain features that may apply only to Users of the Running Pixel and Users who indicate at an age gate in our Apps that they are under 16:
1. Facebook Login feature: Users who wish to, inter alia, post on their Facebook timeline their score in the Apps and any other text or content, invite Facebook friends, request from their friends on Facebook certain in-app features (such as extra “lives”), view their friends’ scores and achievements in the applicable Apps and share their scores on some of the Apps with their friends on Facebook, can use the feature “Facebook Login” which may be available in the Apps.
2. Game Center Features and Social Features: Our Apps may enable use of certain game center features which are operated by third party social networks or other platforms (such as Apple Game Center and Google Play Games) (“Game Center Feature”). The Game Center Feature enables the User to engage in social game related activities, such as tracking the User’s best scores and achievements, comparing scores, achievements, ranks and other information with other Users (in leaderboards or achievements), invite and receive invitations from others to become friends, invite friends to play and challenge them to games and more, whether through the App or through the Social Networks or Platforms to which the Users are subscribed.
In addition, some Apps may include social sharing features (including native sharing features through iOS Native Sharing or Android Easy Share) which allow Users to share information and content with others through Social Networks or Platforms, SMS, email, Bluetooth, applications installed on the User’s device or other platforms or methods, posting features, and other integrated tools which allow for social integration with certain Social Networks or Platforms (for example the Facebook “Like” and “Share” buttons, sharing and posting gameplay or other content via Twitter, YouTube, Facebook, Google+ e-mail etc.) (collectively, “Social Features“).
Social sharing may enable Users, inter alia, to (i) share with others their social leaderboard, achievements, scores, ranks, content including game-video etc., (ii) share gifts, moves, ask for lives and perform other game-related-capabilities with Users of the same App through the Social Networks or Platforms, (iii) send invitations to Social Networks or Platform users to download an App, or (iv) share User Generated Content created through use of certain Apps, through the App itself or through Social Networks or Platforms
3. Push Notifications: We may send notifications, messages and/or alerts known as pop-ups and push notifications, via various means of communication (through the App or otherwise). You can deactivate the notifications at any time by changing the notification settings in accordance with the instructions of the operating system running on your device, changing the settings within the App, and/or by clicking the ‘unsubscribe’ option contained in the notification which was sent to you.
TO THE EXTENT LEGALLY PERMISSIBLE, THE APPS, CONTENT AND USER GENERATED CONTENT (AS SUCH TERMS ARE DEFINED BELOW) ARE PROVIDED “AS IS”. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP(S), CONTENT AND/OR USER GENERATED CONTENT.
YOUR USE OF THE APP(S), CONTENT AND/OR USER GENERATED CONTENT IS ENTIRELY AT YOUR OWN RISK.
3. User Restrictions
There are certain conducts which are strictly prohibited when using the Apps. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may expose a User to civil and/or criminal liability and may result in an immediate termination of your license to use the Apps.
You may not (and you may not permit any User or third party to): (a) use the Apps for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Apps, Content and/or User Generated Content for non-personal or commercial purposes without Company’s express prior written consent; (c) fail to pay any fees (to the extent applicable), if, for example, your credit card was blocked or the use thereof was limited in any way; (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Apps and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Apps or the servers or networks that host the Apps, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Apps; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Apps; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made accessible by us on or through the Apps, including any information, videos, text, graphics, software programs used by us in connection with the Apps, materials, descriptions, data obtained from or through the Apps (collectively, “Content”), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sub-license, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, including our Intellectual Property (as defined below), in any way or by any means, unless expressly permitted in the Terms; (k) make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without our prior written consent; (l) create a browser or border environment around our Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Apps, Content and/or User Generated Content; (n) frame or mirror any part of the Apps without our prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or User Generated Content from the Apps; (p) transmit or otherwise make available in connection with the Apps any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) remove or disassociate, from the Content and/or the Apps any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); and/or (r) infringe and/or violate any of the Terms.
4. License to use our Apps
Subject to the terms hereof, we hereby grant to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use the App(s) on your authorized mobile telephone, device or tablet that you own or control (“Device”) solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law.
The Terms do not convey to you an interest in or to our Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of our Intellectual Property under any law.
Any feedback, comment or suggestion provided by you to us regarding the Apps (“Feedback”) is hereby assigned to the Company which shall remain the exclusive owner of such Feedback. To the extent such Feedback is not assignable under applicable law, you hereby grant us an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any our current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that the Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.
5. Ownership; Copyright Protection
The Apps, Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Apps) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered or capable of being registered (excluding the User Generated Content) (collectively, “Intellectual Property”), are owned by and/or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Apps are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
6. User Generated Content
Some Apps may allow Users to create their own content, such as text, messages, comments, paintings, creations, images, photos and other material (“User Generated Content“) and share it with others. All User Generated Content will be stored locally on your Device.
The following terms apply to your User Generated Content:
6.1. You represent and warrant that you are the rightful owner of the User Generated Content or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Generated Content to use such content and enable inclusion and use as contemplated by these terms and that such User Generated Content does not infringe any third party’s intellectual property, privacy, publicity or other rights.
6.2. THE USER GENERATED CONTENT THAT YOU MAKE AVAILABLE, UPLOAD, POST TO, PUBLISH ON, OR SHARE WITH OTHER SITES, INCLUDING SOCIAL NETWORKS OR PLATFORMS, ON OR THROUGH THE APPS (“SHARE”) MAY BE PUBLICLY AVAILABLE TO OTHER USERS OF SUCH SITES, SOCIAL NETWORKS OR PLATFORMS, AND THEREFORE DEEMED NON-CONFIDENTIAL, AND YOU HEREBY WAIVE ANY PUBLICITY RIGHTS (AS APPLICABLE) WITH RESPECT THERETO.
6.3. You agree that you are solely responsible for your User Generated Content that you share and the consequences of sharing it, and that we have no control over access to your User Generated Content which you share, which is subject to the terms of the third party sites, Social Networks or Platforms. We will not bear any liability for any loss, damage, cost or expense that you or any third party may suffer or incur as a result of or in connection with your sharing of User Generated Content.
6.4. You expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.
6.5. You agree that you will not share User Generated Content containing content which is unlawful, defamatory, libelous, offensive, obscene, pornographic, indecent, harassing, threatening, abusive, fraudulent, encourages conduct that is considered a criminal offense, gives rise to civil liability or is otherwise inappropriate, impersonates another, false or which you do not have a right to make available (collectively, “Prohibited Content“).
6.6. Although we have no obligation to screen, edit or monitor any User Generated Content, we explicitly reserve the right, at our discretion, to remove or edit, without giving prior notice, any User Generated Content available on or through the applicable App at any time and for any reason, and you are solely responsible for creating backup copies of your User Generated Content at your sole expense.
6.7. THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT SHARED BY YOU OR ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS THE COMPANY LIABLE FOR ANY USER GENERATED CONTENT CONSTITUTING PROHIBITED CONTENT THAT YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER ON OR THROUGH THE APPS.
6.8. As a viewer of User Generated Content, if you believe any User Generated Content amounts to Prohibited Content or is shared in violation of these Terms, please stop viewing such User Generated Content and promptly contact our Misconduct Agent or our Copyright Agent or the respective third party sites, Social Networks or Platforms where such content is stored, as applicable (for more information see below). You agree that the foregoing terms state our sole and exclusive responsibility and your sole and exclusive remedy for any claims related to User Generated Content; and you hereby waive your rights or remedies against us in this respect.
7. License to User Generated Content
As long as your User Generated Content is subject to any applicable copyright law, it shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your User Generated Content. However, we need certain licenses to your User Generated Content for business purposes in connection with the applicable Apps including but not limited to enable different functions in the applicable Apps.
When you post, communicate, share, publish or make available any User Generated Content, you grant us a perpetual, non-exclusive, royalty-free, worldwide, transferable, sublicensable license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works, and use such User Generated Content in connection with the App, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in future for the purpose of operating, marketing, promoting, advertising and improving the Company and its Apps, for any other legitimate business purposes and for legal purposes (e.g. to satisfy applicable laws, governmental requests, enforce the Terms and other of our terms or policies (including investigation or potential violations thereof), detect or prevent fraud, protect the rights of the Company, its Users, other users or the general public, etc. You hereby waive any moral rights, attribution rights and publicity rights (if any) with respect to our use of the User Generated Content in accordance with these Terms.
When you upload, post, publish or make available any User Generated Content, you grant to each User of the App and to users of other sites, Social Networks and Platforms who can view the User Generated Content a non-exclusive, non-commercial and royalty-free license to access and view your User Generated Content on our App. Please note that the Company cannot monitor or control what others do with your User Generated Content.
8. Misconduct, Copyright and Content Policy
We care for your safety. If you believe a User acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at the e-mail address: email@example.com.
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information in writing to our Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple infringing works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Infringement claims and notices should be sent to the attention of our Copyright Agent by mail to: TabTale at 57W on 57th street, 3rd and 4th floors, New York, New York 10019, USA, or by e-mail to: firstname.lastname@example.org.
Please note that any person who knowingly materially misrepresents under this Section (i) that material or activity is infringing, or (ii) that material or activity was removed or disabled by mistake or misidentification, may be subject to liability.
We will respond to clear notices under this Section. Please be advised that we will remove or replace User Generated Content only in accordance with applicable law and that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
If you believe that your User Generated Content was removed by mistake, and that you have the right to post it, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following: (i) your physical or electronic signature, (ii) Identification of the User Generated Content that was removed or to which access was disabled and the location at which it appeared before such removal or disablement, (iii) a statement under penalty of perjury that you have a good faith belief that the User Generated Content was removed or disabled as a result of mistake or misidentification, and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
Please note that we make no warranties or representations concerning such advertisements, whether or not we have control over such advertisements. The Company, ad networks, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings from such advertisements. You agree that you will not be entitled to any compensation with respect to such monetary amounts.
10. Trademarks and Trade names
“Running Pixel”, “Running Pixel™”, “TabTale” TabTale™, “CocoPlay”, and our other marks and logos and all other proprietary identifiers used by us in connection with the Apps (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Apps belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
11. Links to Third Party Sites
13. Usage Rules
Since you are downloading the App from a third-party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established, and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below in Section 24, but others may apply, and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules which are incorporated herein by reference. In the event of a conflict between the Terms and any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the Apps, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
14. Special provisions relating to Third Party Components
The Apps may use or include third party software, files and components that are subject to open source and/or commercial license terms (“Third Party Components”). All Third Party Components are copyrighted by their respective authors. Your right to use such Third Party Components as part of, or in connection with, the Apps is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the license terms of such Third Party Components and these Terms, the license terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Apps and we disclaim all liability related thereto. You acknowledge that the Company is not the author, owner or licensor of any Third Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Apps or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software. Third Party Components licensed under open source licenses which may be linked to, interacted with, or used in connection with our Apps (“Open Source Component(s)”), that require disclosure according to their license are listed at: https://runningpixel.com/osc, are hereby incorporated into these Terms by reference, and their licensing terms are provided for your informational purposes. The Open Source Components included in the Apps are done so pursuant to each individual open source component license and subject to the disclaimers and limitations on liability set forth in each open source component license, which include in general that “THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.”
The Apps’ availability and functionality depend on various factors, such as software, hardware and the Company’s services’ providers and contractors. We do not warrant or guarantee that the Apps will operate at all times without disruption or interruption, or that they will be immune to unauthorized access or be error-free.
16. Changes to the Apps
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Apps (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Apps may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Apps and/or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If we supply to you any updates, upgrades and any new versions of the App (“Updates”) according to our then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, the Company has no obligation to provide Updates.
17. Amendments to the Terms
We may, at our discretion, change the Terms by posting the amended version at: https://runningpixel.com/atou, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Apps and/or our website at https://runningpixel.com/. Such material changes will take effect five (5) days after such notice was provided on our App and/or website, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Apps on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. If the Terms are amended to comply with legal requirements, the amendments may take effect immediately, or as required by the law and without prior notice.
18. Disclaimer and Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APPS, CONTENT, USER GENERATED CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE COMPANY, ITS VENDORS AND LICENSORS (INCLUDING APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT: (I) THAT USE AND OPERATION OF THE APPS IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APPS, (III) THE APPS WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APPS, CONTENT AND/OR USER GENERATED CONTENT AVAILABLE THEREON OR THROUGH THE APPS (INCLUDING THAT THE RESULTS OF USING THE APPS WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APPS, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APPS, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR USER GENERATED CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE APPS.
WE DO NOT ENDORSE OR GUARANTEE, ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, PRODUCT OR OTHER ITEM OR SERVICE (I) PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY (INCLUDING WITHOUT LIMITATION ANY TECHNICAL FAILURES OR THE LACK OF AVAILABILITY OF ANY FEATURES AVAILABLE WITHIN OUR APPS WHICH ARE NOT UNDER OUR CONTROL) AND/OR (II) THAT APPEAR IN ANY USER GENERATED CONTENT.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
THE DOWNLOAD AND USE OF THE APPS, ANY IN-APP PURCHASES AND/OR OTHER PURCHASE OF PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE APPS OR AS A RESULT OF AN ADVERTISEMENT DISPLAYED THROUGH THE APPS IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM.
YOU AGREE THAT USE OF THE APPS, CONTENT AND/OR USER GENERATED CONTENT ARE ENTIRELY AT YOUR OWN RISK. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
FOR PURPOSES OF THIS SECTION, THE TERMS “APP(S)” OR “SERVICES” SHALL INCLUDE ANY PROMOTIONAL CODES PROVIDED TO YOU BY THE COMPANY AND THE DISCLAIMERS CONTAINED HEREIN SHALL APPLY ALSO TO SUCH PROMOTIONAL CODES.
19. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY INCLUDING THE COVERED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APPS (INCLUDING ANY SERVICES MADE AVAILABLE THROUGH THE APPS), YOUR USE OR INABILITY TO USE THE APPS, OR FAILURE OF THE APPS TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT OR THE USER GENERATED CONTENT, THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR ANY OF THE COVERED PARTIES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER REPAIR, REPLACEMENT OR A REFUND FOR THE APPS DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND REGARDLESS OF WHETHER ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES (INCLUDING BUT NOT LIMITED TO OTHER USERS TO WHICH YOU ARE EXPOSED THROUGH THE APPS), THIRD PARTY SITES AND/OR THIRD PARTY CONTENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY, ITS VENDORS INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THE APPS, CONTENT OR USER GENERATED CONTENT AND YOUR USE OR INABILITY TO USE SAME SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE APPS OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COVERED PARTIES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless the Company, its vendors, including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) arising from: (i) your use, misuse of , inability to use and/or activities in connection with the Apps and/or Content; (ii) your violation of the Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Apps; and (v) your User Generated Content. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
21. Termination of these Terms and the Apps operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. If you object to any term hereof, as may be amended, or become dissatisfied with the App, you may terminate these Terms at any time by uninstalling our Apps and stopping your use thereof and this will be your sole remedy in such circumstances. In such circumstance and upon termination of the Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the App, delete and destroy all copies of the App in your possession or control and so certify to Company if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination hereof in order to achieve their fundamental purposes shall so survive. Without limiting the generality of the forgoing, Sections 1, 3-5, 7, 18-21, 23, 25 and 26 will survive the termination of the Terms.
Additionally, Company may at any time, at its discretion, cease the operation of the Apps or any part thereof, temporarily or permanently, delete any information from the Apps or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. You agree that Company does not assume any responsibility with respect to, or in connection with the termination of the App operation and loss of any data.
22. Export and the Location of the User
The Apps are subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including, without limitation, the United States. User agrees not to ship, transfer or export the Apps into any country, or make available or use the Apps in any manner, prohibited by applicable laws. In addition, User represents and warrants that (i) he/she is 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 (ii) the User is not listed on any U.S. Government list of prohibited or restricted parties.
(a) The Terms constitute the entire terms and conditions between you and Company relating to the subject matter herein and supersedes all prior or contemporaneous written or oral agreements or understandings regarding such subject matter, (b) the Terms and all disputes arising out of or relating thereto, the Apps or use thereof, will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Terms and Apps will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Company may seek injunctive relief in any court of competent jurisdiction, (d) the Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APPS AND/OR THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer the Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer the Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Company, and (j) the parties agree that all correspondence relating to the Terms shall be written in the English language.
24. Platform Provider Additional Terms
The following additional terms are required by applicable Platform Providers:
24.1 Apple Inc.
The following applies to you if you downloaded the Apps from the Apple App Store (“AppStore-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the AppStore-Sourced Software on an iOS device that you own or control, as well as accessed and used by other accounts associated with you via Family Sharing or volume purchasing (as set forth in the Apple App Store Terms of Service) (ii) these Terms are solely between you and Company, not Apple Inc. (“Apple”), and that Apple has no responsibility for the AppStore-Sourced Software or content thereof, (iii) your use of the AppStore-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the AppStore-Sourced Software.
In the event of any failure of the AppStore-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the AppStore-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the AppStore-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Company as provider of the App.
Company and you acknowledge that Company, and not Apple, is responsible for addressing any claims relating to the AppStore-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the AppStore-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the AppStore-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. Without limiting other provisions hereof, you must comply with all applicable third party terms agreement when using the AppStore-Sourced Application.
24.2 Amazon Digital Services LLC and its affiliates
The following applies to you if you downloaded the App from the Amazon Appstore for Android and associated software, services and purchases (“Amazon Appstore”) (“Amazon AppStore Sourced Software”):
● The Amazon AppStore Sourced Software can be used only on mobile devices that use the Android platform and meet certain other technical requirements which are described on or through Amazon AppStore Sourced Software detail pages.
● You may download additional copies of the Amazon AppStore Sourced Software to compatible Android devices that have been linked to the Amazon.com customer account that you used to buy the Amazon AppStore Sourced Software in accordance with Amazon’s rules and policies for the Amazon Appstore.
● Any information that Company collects from you or your device will not be subject to the Amazon.com Privacy Notice.
● You acknowledge and agree that Amazon is not a party to these Terms and that it has no responsibility or liability with respect to your use of the Amazon AppStore Sourced Software or any content or functionality in the Amazon AppStore Sourced Software.
25. Promotional Codes
We may, at our discretion, distribute promotional codes (“Promotional Code(s)“). Promotional Codes allow free use of the Apps for which they were provided or certain portions thereof (e.g. in-app purchases). If an expiry date is indicated in the Promotional Code, it may not be redeemed after such expiry date. Unless explicitly stated in the Promotional Code, it may not be used more than once. The Promotional Codes may be distributed by us through Social Networks or Platforms, directly to the email address you may have provided us or otherwise.
Promotional Codes are personal and may be used only by the User who received them. Promotional Codes are non-transferable and may not be sold or bartered. To the extent we provided you with a Promotional Code, you may be required to open an account with the applicable online store provider to use it. For example, Promotional Codes provided by Apple are redeemable on the AppStore and you will be required to have an AppStore account. You must abide by the terms and conditions of the online store provider which apply to the use of the Promotional Code in your territory.
In addition, you agree that (i) you will not use a Promotional Code if you are under the age of thirteen (13) or if you do not meet the age restrictions of the applicable App to which it applies; (ii) you will not transfer and/or allow others to use it, (iii) you will not sell or resell it or accept any form of payment in connection with it, (iv) Promotional Codes (whether valid or expired) are not redeemable for cash and cannot be returned for a cash refund, exchanged, or used to purchase any other products or services; and (v) personal information may be collected or used by the online store which provided the Promotional Code (for example, Apple App Store or Google Play, as indicated in the Promotional Code).
If a Promotional Code is non-functional, your sole remedy and our and/or the applicable online store’s sole liability shall be the replacement of such Promotional Code. We and/or the applicable online store reserve the right to cancel Promotional Code(s) provided to you without notice and without compensation. THE WARRANTY DISCLAIMERS IN SECTION 18 APPLIES, MUTATIS MUTANDIS, TO ANY PROMOTIONAL CODES PROVIDED TO YOU.
26. Information, Support or Questions:
The Company will make reasonable efforts to provide you with technical and product support for the Apps. For information, support or questions, please contact us at: email@example.com