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Last modified: 14th January 2021
The
terms of this agreement ("Terms of Service") govern the relationship
between You and MDickie Limited, a company under laws of United
Kingdom, with registered address at: Tower House, Lucy Tower Street,
Lincoln, LN1 1XW, UK ("MDickie" or "We" or "Us"), regarding Your use of
MDickie’s games, websites and related services ("Service"), including
all information, text, artworks, images, logos, product and character
names, graphics, software, services and the compilation of the
foregoing, available for Your use.
Use of Service is also
governed by MDickie’s Privacy Policy which is herein incorporated by
reference. You must agree to these Terms of Service and the Privacy
policy before accessing and using the Service.
You can find the latest updated version of the Terms of Service at any time at our Site here.
MDickie
is a developer and publisher of games and mobile game applications (our
"Games"). Our Games download/purchase page may contain certain
additional terms, conditions and requirements, which constitute a part
of the Terms of Service. In case you download/purchase the Apps through
an online store such as Google Play Store, Apple App Store, etc.
(“Online Store”), please, review the terms and conditions of the owner
of that particular Online Store, which may provide for certain
additional requirements applicable to the download of the Apps through
that Online Store, its installation and use.
You represent that
You are 16 years or older. If You are over 16 years, but younger than
18 years, You can only download our Games and play them on Your device,
if Your parent(s) or legal guardian have/has reviewed this Agreement
and allowed You to download and play our Game subject to these
Agreement. MDickie may require adequate proof of Your identity and age
and consent from a parent or guardian at any time.
You represent
that You are accessing our Games as a private person (consumer).
Service offered by MDickie is intended solely for the purpose of
entertainment. No commercial use of our Games is allowed.
By
using this website and Service offered on it, downloading any software,
or browsing the website, as well as by downloading any of MDickie’s
Games from Online Stores, You accept the following Terms of Service. If
You do not agree to the Agreement and/or Privacy Policy, You may not
use or otherwise access Service. Use of the Services is void where
prohibited.
1. End-User License Agreement
1.1. License
Subject
to the terms of this Agreement, MDickie grants You a non-exclusive,
non-transferable, non-sublicensable, revocable, limited-right license
subject to the limitations below to access and use copyright or
otherwise legally protected materials provided as part of the Service
for Your personal non-commercial entertainment purpose.
1.2. Provision of online services
MDickie
may provide certain online services as part of the Services in
accordance with these Terms of Service. MDickie has the right to limit
or discontinue these online services at any time unless You have bought
a Subscription under these Terms of Service in which case MDickie will
provide the online services in accordance with such Subscription.
1.3. 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 Service; (b) You shall not
modify, translate, adapt, merge, make derivative works of, disassemble,
decompile, reverse compile or reverse engineer any part of Service,
except to the extent the foregoing restrictions are expressly
prohibited by applicable law; (c) You shall not access Service in order
to build a similar or competitive service or application; (d) except as
expressly stated herein, no part of Service 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
Service. Any future release, update, or other addition to functionality
of Service (including in-app purchases in Games (Virtual items and
Virtual Currency, 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 Game content must be retained on any copies.
2. Ownership
The
copyright or otherwise legally protected materials provided as part of
the Service provided to You are licensed to You and not sold.
MDickie
(and its licensors, where applicable) own all rights, title and
interest, including without limitations any Games, titles, computer
code, themes, objects, characters, character names, stories, dialogue,
catch phrases, concepts, artwork, animations, sounds, musical
compositions, audio-visual effects, method of operation, documentation,
character profile information, accounts, virtual currency and virtual
items, and material produced by MDickie and/or received or made
available while playing the Games or developed during the course of the
Games, and all related intellectual property rights, in and to Service.
3. Copyright
Copyright,
trademarks, and all other proprietary rights shown in Service
(including, but not limited to, software, services, text, graphics, and
logos) are reserved to MDickie, except for the cases specified in this
clause. You agree not to copy, republish, modify, download, distribute,
license, sublicense, reverse engineer, or create derivatives based on
the website, its software, or its services except as expressly
authorized herein. Except as otherwise provided, the content published
on this website and/or in the app stores may be reproduced or
distributed in unmodified form for personal, non-commercial use only.
Any other use of the content, including, without limitation,
distribution, reproduction, modification, display, or transmission,
without the prior written consent of MDickie is strictly prohibited.
All copyright and other proprietary notices shall be retained on all
reproductions.
We also use the following third-parties' trademarks in our website:
-
Apple, the Apple logo, iPhone, and iPad, which are trademarks of Apple
Inc., registered in the U.S. and other countries and regions. App Store
is a service mark of Apple Inc. - Google Play and the Google Play logo are trademarks of Google LLC.
5. Third Parties
5.1. Third-Party Services
When
using the Services third parties may offer you certain third-party
applications (like leaderboards, game networks) to provide content
through the Game («Third Party Services»). Upon your acceptance of this
offer MDickie may then permit such Third Party Services. The Game may
be used to send content provided by the Third-Party Service between
users who have the Third-Party Service installed on their device. When
You do so, MDickie will share information with the Third-Party Service
as described in the MDickie Privacy Policy to the extent necessary for
the third party to provide the Third-Party Services. MDickie is not
responsible for and does not control Third-Party Services. MDickie
supports these Third-Party Services only as far as you ordered them
from the third party. MDickie has no obligation to review or monitor
and does not approve, endorse, or make any representations or
warranties with respect to Third-Party Services. You use all
Third-Party Services at Your own risk. When You access a Third-Party
Service, the applicable third party’s terms and policies apply,
including the third party’s privacy policies. You should make whatever
investigation You feel necessary or appropriate before proceeding with
any transaction in connection with any Third-Party Service.
5.2. Links to Third Parties
Our
Services may feature advertisements from third party companies. Please
review our Privacy Policy which explains what information we share with
advertisers. We are not responsible for the availability of such
websites or resources of the third parties, and we are not responsible
or liable for any content, advertising, or services they provide.
Any
content, advertising or services by such third party are provided
following the terms of services and privacy policies to be found on the
website of the respective third party and, where applicable, you must
familiarize yourself and accept the terms of services and privacy
policies of such third party before using their services. Any separate
charges or obligations you incur in your dealings with these third
parties are your responsibility. MDickie is not liable for any claim
relating to any content, goods or services of third parties.
5.3. Release
You
hereby irrevocably and unconditionally release and forever discharge
MDickie (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, or
Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY
WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE
FOREGOING, WHICH STATES: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.»
6. Payments and Refunds
6.1. General provisions
When
you purchase the Apps from the Online Store, including subscriptions
and in-app purchases (Virtual Items and Virtual Currency), the payment
for such purchases may be processed either by third parties on our
behalf, or directly by the owner of the Online Store. When purchasing
the Apps, including subscriptions and in-app purchases, you agree that
the digital content will be available to you immediately, and
acknowledge that you will lose your rights to the 14 days cancellation
period and refunds available for EU and EEA residents. If you download
the Apps from the Online Store owner, before effecting the purchase
from the Online Store, please also review and accept the terms and
conditions of the Online Store owner with regard to your rights to
cancel orders and get related refunds. Thus, if You have any payment
related issues, then You need to contact App Store or Google Play
directly.
All payments for the Subscription as it is described
in section 6.2, made through Service are final and non-refundable,
except when required by law. You agree that MDickie is not required to
provide a refund for any reason, and that You will not receive money or
other compensation for unused products, whether You lost license under
this Agreement voluntary or involuntary.
Please note that if You
request Your personal data to be erased as specified in MDickie´s
Privacy Policy, You will permanently and without a right to a refund
lose all your purchases as MDickie can no longer associate such
transactions with You.
YOU ACKNOWLEDGE THAT MDickie IS NOT
REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT
RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU
DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
6.2. Subscriptions
Some
parts of the Service are billed on a subscription basis
(«Subscription(s)»). Subscription provides access to dynamic content or
services in 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»). Payments for such
subscriptions would be charged at your Apple App Store or Google Play
account («Account») when You confirm the Subscription by available
confirmation tools of the Game. 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. Trial
Subscription is offered free of charge for certain period of time from
activation specified in the relevant offer in the Game. If You do not
cancel the Trial Subscription within such period, Subscription Fee
shall be withdrawn 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 seven-day trial
period. You may cancel a subscription during its free trial period
using the Subscription setting of Your Account. This must be done 24
hours before the end of the free trial subscription period (Apple App
Store), or at any time before the end of the free trial subscription
period (Google Play Store), otherwise it will be renewed as a paid
subscription. MDickie cannot cancel Your free-trial subscription if it
has already been activated. Subscription is automatically renewable
for the same price and duration period as the original subscription
package chosen by You, unless You turn off it: in case of an Apple App
Store, at least 24-hours before the end of the current subscription
period, or (ii) in case of Google Play Store, at any time before the
end of the subscription period. Subscription Fee for renewal shall be
taken from Your Account within 24-hours prior to the end of the current
subscription period (Apple App Store), or at the end of the
subscription period (Google Play Store) at the cost of the chosen
package. 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. 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. If Subscription has already been activated, You can cancel the
Subscription at any time and the cancellation will take effect after
the end of the last day of that subscription period. Except when required by law, paid Subscription Fees are non-refundable. MDickie
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. Warranties and Disclaimers
7.1.
ALL INFORMATION, SOFTWARE, AND SERVICE OFFERED ON THIS WEBSITE ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
MDickie
DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE OF SERVICE AT
THE TIMES AND LOCATIONS OF YOUR CHOOSING; THAT SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT
THE GAMES OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
MDickie ASSUMES NO RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR
LINKED TO ON THIS WEBSITE.
IN NO CASE SHALL MDickie BE HELD
LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR
INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM
A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS
PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF MDickie INFORMATION)
REGARDLESS OF WHETHER MDickie HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
DOWNLOADING AND USING ANY OF THE SOFTWARE OR
SERVICE OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM,
LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
7.2.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
PROVIDE SPECIAL CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7.3.
You represent and warrant that (i) You are not located in a country
that is subject to a U.S. Government embargo, or that have been
designated by the U.S. Government as a «terrorist supporting» country;
and (ii) You are not listed on any U.S. Government list of prohibited
or restricted parties; and (iii) You are solely responsible for
compliance with all applicable laws, including without limitation
export and import regulation.
8. Limitation on Liability
8.1.
IN NO EVENT SHALL MDickie (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 MDickie’S PRIVACY PRACTICES, ANY GAME,
EVEN IF MDickie HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, ANY GAME 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, MDickie’S
LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS
AGREEMENT OR MDickie’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 MDickie IN THE PRIOR 12 MONTHS (IF ANY). IN NO
EVENT SHALL MDickie’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 OR PROVIDE OTHER SPECIAL REGULATIONS, 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. Indemnity
You
agree to defend, indemnify and hold harmless MDickie (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 Game, (ii) Your UGC, or (iii) Your violation of this Agreement.
MDickie
reserves the right, at Your expense, to assume the exclusive defense
and control of any matter for which You are required to indemnify
MDickie and You agree to cooperate with our defense of these claims.
You agree not to settle any matter without the prior written consent of
MDickie. MDickie will use reasonable efforts to notify You of any such
claim, action or proceeding upon becoming aware of it.
10. User Conduct
You shall accept and abide by the following:
You
acknowledge and agree that MDickie may use built-in tracking features
to obtain information regarding Your use of the Games in order to
improve the services we provide, and agree that such information is
deemed to be User Content for all intents and purposes under these
Terms. You shall not (a) improperly use MDickie’s support services,
including without limitation submission of false reports of abuse or
misconduct by any party; (b) disable, interfere with, or circumvent any
security feature of the Games or any feature that restricts or enforces
limitations on the use of or access to the Games or UGC; (c)
participate in any activities and/or perform any actions that, in
MDickie’s sole opinion, lead to, result in, or may result in an
authorized user of the Games being defrauded of Virtual Currency or
Virtual Items that user has earned through authorized gameplay and/or
purchased in the Games; (d) sell MDickie’s Games or any of their parts,
including but not limited to Virtual Currency or Virtual Items, user
accounts, and/or access to user accounts to any party in exchange for
real currency or items and/or services of monetary value; (e) engage in
cheating or any other fraudulent activity deemed by MDickie to be in
conflict with the spirit of the Games; (f) use or take part in the use
of any unauthorized third-party software designed to modify or
interfere with Service and/or any MDickie’s Games; (g) share Your
password or any credentials You may use to access Your account with
anyone; (h) purchase, sell, rent, or give away Your account, or
otherwise make available Your account to any third party; (i) create an
Account using a false identity or information, or on behalf of someone
other than Yourself.
11. Modifications of this Agreement
MDickie
is entitled at any time to amend or supplement these Terms and any
related provisions (e.g. MDickie’s Privacy Policy). MDickie shall
publish any amendments to these Terms on its website
(www.MDickie.com/privacy.htm) and may also use other means of
notification (e.g. in-game, newsletter, pop-up). The date on which the
latest update was made is indicated at the top of this document.
Such
changes will only affect the relationship with You for the future. The
continued use of the Services will signify Your acceptance of the
revised Terms. If You do not wish to be bound by the changes, you must
stop using the Services. Failure to accept the revised Terms, may
entitle either party to terminate the Agreement.
The applicable
previous version will govern the relationship prior to Your acceptance.
You can obtain any previous version from the MDickie via contacting us
at: support-cyprus@MDickie.com.
We recommend that You print a
copy of this Agreement for Your reference and revisit this web-page
from time to time to ensure You are aware of any changes.
12. Term and Termination
12.1. This Agreement runs for an indefinite term.
12.2.
Either Party may terminate this Agreement at any time by giving 14 days
notice (written or electronic communication, e.g. via e-mail,
required). However, You may also terminate the User Agreement with
immediate effect by deleting the Game from Your device or removing the
Game from Your Facebook apps.
12.3. 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.
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 Game and/or terminate this User Agreement. Your breach of
Section 1, 10 shall be considered a material breach.
12.4. Upon
expiry, You will no longer be able to access the Game that was the
subject matter of the User Agreement. Your in-game progress and any
other Game-related data will be deleted. Only if MDickie continues to
operate the Game, You may again download the Game or access the Game on
Facebook whereby a new User Agreement will start to run. However, any
game-related data cannot be restored.
12.5. Without limiting the
foregoing, MDickie reserves the right to terminate this Agreement with
any user who repeatedly infringes third-party copyright rights upon
prompt notification to MDickie by the copyright owner or the copyright
owner’s legal agent.
12.6. Upon termination of this Agreement,
Your right to use the Game will automatically terminate immediately
without right to refund to You.
13. Notice
Any notice provided to MDickie pursuant to this Agreement should be sent to Mat@MDickie.com.
14. 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.
EU Users
Should any provision of these
Terms be or be deemed void, invalid or unenforceable, the parties shall
do their best to find, in an amicable way, an agreement on valid and
enforceable provisions thereby substituting the void, invalid or
unenforceable parts. In case of failure to do so, the void, invalid
or unenforceable provisions shall be replaced by the applicable
statutory provisions, if so permitted or stated under the applicable
law.
Without prejudice to the above, the nullity, invalidity or
the impossibility to enforce a particular provision of these Terms
shall not nullify the entire Agreement, unless the severed provisions
are essential to the Agreement, or of such importance that the parties
would not have entered into the contract if they had known that the
provision would not be valid, or in cases where the remaining
provisions would translate into an unacceptable hardship on any of the
parties.
US Users
Any such invalid or unenforceable
provision will be interpreted, construed and reformed to the extent
reasonably required to render it valid, enforceable and consistent with
its original intent. These Terms constitute the entire Agreement
between Users and the Owner with respect to the subject matter hereof,
and supersede all other communications, including but not limited to
all prior agreements, between the parties with respect to such subject
matter. These Terms will be enforced to the fullest extent permitted by
law.
15. Entire Agreement
This Agreement is the final,
complete and exclusive agreement between You and MDickie with respect
to the subject matters hereof (including all Games) and supersedes and
merges all prior discussions and agreements between the parties with
respect to such subject matters (including any prior End-User License
Agreements and Terms of Service or Privacy Policy). Our failure to
exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision.
16. Interpretation
The
section titles in this Agreement are for convenience only and have no
legal or contractual effect. The word "including" means "including
without limitation". Your relationship to MDickie is that of an
independent contractor, and neither party is an agent or partner of the
other.
17. Assignment
MDickie may assign or delegate
these Terms of Service and/or the MDickie’s Privacy Policy, in whole or
in part, to any person or entity at any time with or without Your
consent but taking into account Yours legitimate interests. Provisions
about changes of these Terms will apply accordingly The terms of this
Agreement shall be binding upon assignees. You may not assign or
delegate any rights or obligations under the Terms of Service or
Privacy Policy without MDickie’s prior written consent, and any
attempted assignment in violation of the foregoing will be null and
void.
18. Supplemental Policies
MDickie may publish
additional policies related to specific services such as forums,
contests or loyalty programs. Your right to use such services is
subject to those specific policies and these Terms of Service.
19. No waiver
The
MDickie’s failure to assert any right or provision under these Terms
shall not constitute a waiver of any such right or provision. No waiver
shall be considered a further or continuing waiver of such term or any
other term.
20. Applicable Law
The laws of the Republic
of Cyprus shall apply; the UN Convention on Contracts for the
International Sale of Goods (CISG) shall be excluded.
Exception for European Consumers
However,
regardless of the above, if the User qualifies as a European Consumer
and has their habitual residence in a country where the law provides
for a higher consumer protection standard, such higher standards shall
prevail.
21. Venue of jurisdiction
The exclusive
competence to decide on any controversy resulting from or connected to
these Terms lies with the courts of the place where the MDickie is
based, as displayed in the relevant section of this document.
Exception for European Consumers
The
above does not apply to any Users that qualify as European Consumers,
nor to Consumers based in Switzerland, Norway or Iceland.
US Users
Each
party specifically waives any right to trial by jury in any court in
connection with any action or litigation. Any claims under these terms
shall proceed individually and no party shall join in a class action or
other proceeding with or on behalf of others.
UK Users
Consumers
based in England may bring legal proceedings in connection with these
Terms in the English courts. Consumers based in Scotland may bring
legal proceedings in connection with these Terms in either the Scottish
or the English courts. Consumers based in Northern Ireland may bring
legal proceedings in connection with these Terms in either the Northern
Irish or the English courts.
22. Dispute resolution
Amicable dispute resolution
Users may bring any disputes to us, and we will try to resolve them amicably.
While
Users' right to take legal action shall always remain unaffected, in
the event of any controversy regarding the use of this Application or
the Service, Users are kindly asked to contact the us at the contact
details provided in this document.
The user may submit the
complaint including a brief description and if applicable, the details
of the related order, purchase, or account, to the MDickie’s email
address specified in this document. The Owner will process the
complaint without undue delay at possible shortest terms, but in no way
no longer that 30 days.
Online dispute resolution for Consumers
The
European Commission has established an online platform for alternative
dispute resolutions that facilitates an out-of-court method for solving
any dispute related to and stemming from online sale and service
contracts.
As a result, any European Consumer can use such
platform for resolving any dispute stemming from contracts which have
been entered into online. The platform is available at the following
link.
23. Apple Application Store Additional Terms and Conditions
The
following additional terms and conditions apply to You if You are using
a Game 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 the Application
Store Terms of Service will control.
23.1. Acknowledgement
MDickie
and You acknowledge that this Agreement is concluded between MDickie
and You only, and not with Apple, and MDickie, not Apple, is solely
responsible for Game and the content thereof.
23.2. Scope of License
The
license granted to You for Game is limited to a non-transferable
license to use Game 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.
23.3. Maintenance and Support
MDickie is
solely responsible for providing any maintenance and support services
with respect to Game, as specified in this Agreement (if any) or as
required under applicable law. MDickie and You acknowledge that Apple
has no obligation whatsoever to furnish any maintenance and support
services with respect to Game.
23.4. Warranty
MDickie 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 Game to conform to any applicable warranty, You may
notify Apple, and Apple may refund the purchase price for Game to You;
and to the maximum extent permitted by applicable law, Apple will have
no other warranty obligation whatsoever with respect to Game, and any
other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be
MDickie’s sole responsibility.
23.5. Product Claims
MDickie
and You acknowledge that MDickie, not Apple, is responsible for
addressing any claims of You or any third party relating to Game or
Your possession and/or use of Game, including, but not limited to: (i)
product liability claims; (ii) any claim that Game 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 MDickie’s liability to You beyond what is
permitted by applicable law.
23.6. Intellectual Property Rights
MDickie
and You acknowledge that, in the event of any third-party claim that
Game or Your possession and use of Game infringes the third party’s
intellectual property rights, MDickie, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of
any such intellectual property infringement claim.
23.7. Legal Compliance
You
represent and warrant that (i) You are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a «terrorist supporting» country; and (ii) You
are not listed on any U.S. Government list of prohibited or restricted
parties.
23.8. Developer Name and Address
MDickie’s contact information for any end-user questions, complaints or claims with respect to Game:
MDickie Limited, a company under laws of United Kingdom, with registered address at: Tower House, Lucy Tower Street, Lincoln, LN1 1XW, UK. Email: Mat@MDickie.com
23.9. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using a Game.
23.10. Third-Party Beneficiary
MDickie
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.
Copyright © MDickie
2000 - 2021
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