Terms of Use

NOTICE! PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE INSTALLING, COPYING, OR OTHERWISE USING THE MOBILE APPLICATION ON ANY AND ALL DEVICE. INSTALLING, COPYING OR OTHERWISE USING THEREOF INDICATES YOUR ACCEPTANCE OF THESE TERMS.

These Terms of Use (hereafter - “Terms”) is a legal agreement between you and a game studio New Technologies, LLC. The Terms are made in respect of the above-mentioned Mobile application provided with these Terms for further installation on your Device that meets the system requirements of the Mobile application.


By installing, copying, or otherwise using the MOBILE APPLICATION, you acknowledge that you have read these Terms and that you understand them and agree to be bound by its terms like any written negotiated agreement signed by you. In case of breach of the Terms you may be involved in the court proceedings as a defendant like any legal entity or physical person who obtained the MOBILE APPLICATION or uses such MOBILE APPLICATION on its behalf.

The Terms become effective from the moment of the first actually using the MOBILE APPLICATION. In this case, you understand and agree that a game studio New Technologies, LLC will treat your use of the MOBILE APPLICATION as acceptance of the Terms from that moment and for the entire period of the MOBILE APPLICATION copyright.

The rights to distribute the MOBILE APPLICATION belong to a game studio New Technologies, LLC and are protected by the copyright laws of the Russian Federation, international treaty provisions, and the laws of the country of use thereof. The Terms do not grant you any rights to such intellectual property.

If you do not agree with the Terms, do not install and use the MOBILE APPLICATION.

Definitions

“You” refer to and include any person and/or any entity that obtains and uses this MOBILE APPLICATION.

“License” means the non-exclusive limited right granted to you by a game studio New Technologies, LLC to use the MOBILE APPLICATION in accordance with the Terms.

 

“MOBILE APPLICATION” means a game software including its components, electronic documentation granted for installation and use on any Device and distributed by a game studio New Technologies, LLC on legal base.  

“Device” means a mobile internet device, tablet computer, smartphone, another device on which the MOBILE APPLICATION shall be installed.

Subject of agreement

Subject to your compliance with the Terms, a game studio New Technologies, LLC grants you a non-exclusive non-transferrable limited right (the “License”) enabling you to use the MOBILE APPLICATION with all the images, photos, animations, audio and video components, music, text, and additional components integrated into the MOBILE APPLICATION, as well as all of the MOBILE APPLICATION copies solely adjusted for restrictions specified in Limitations of Use section hereof. All the terms stated below apply both to the MOBILE APPLICATION as a whole and to all of its separate components.

Mobile application and components rights

A game studio New Technologies, LLC guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the MOBILE APPLICATION with all the images, photos, texts, animations, audio and video components, music, and components integrated into the MOBILE APPLICATION, as well as all of the MOBILE APPLICATION copies.

All title and intellectual property rights to the MOBILE APPLICATION and to the content that is not contained in the MOBILE APPLICATION, but may be accessed through use of the MOBILE APPLICATION are the property of a game studio New Technologies, LLC and/or its licensors and protected by the laws of the Russian Federation, international treaties, and the laws of the country of final use. Any use of the MOBILE APPLICATION outside of or in contravention of the terms and conditions of the Terms shall constitute a breach of a game studio New Technologies, LLC’s and/or third party’s intellectual property rights and shall be cause for the revocation of all rights to use the MOBILE APPLICATION granted to you under the Terms.


A game studio New Technologies, LLC reserves all rights not expressly granted to you in the Terms.

Mobile application description

You are granted all rights to use the MOBILE APPLICATION under the Terms once you downloaded it on the Device.

Installation of the MOBILE APPLICATION can be made via application online stores, including without limitation of Google Play, Apple Store, Nokia Market, or by downloading from the official site of a game studio New Technologies, LLC by clicking appropriate link.

A game studio New Technologies, LLC guarantees that the MOBILE APPLICATION does not contain scenes and/or advertisements of violence, hate, tortious act, cruelty, sexual matter, pornography, political and religious promotion, encouragement of gambling and other activities prohibited by the laws of the Russian Federation and international treaties. 

Limitations of Use

In order to use the MOBILE APPLICATION you must be 14 years of age or older. If you are between 14 and 18 years of age, you must have your parent or legal guardian’s permission to use the MOBILE APPLICATION. You must not access the MOBILE APPLICATION or accept the Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the MOBILE APPLICATION under the laws of the country in which you are resident or from which you access or use the MOBILE APLLICATION.

You agree that the MOBILE APPLICATION is protected from unauthorized copying and/or use. The MOBILE APPLICATION may include protection mechanisms and you agree to follow the instructions contained in the MOBILE APPLICATION in order to comply with such protection mechanisms. The License shall be terminated once you try to avoid protection mechanisms of the MOBILE APPLICATION.

You may not perform or make it possible for other persons to perform any activities included in the list below.

- use the MOBILE APPLICATION in commercial purposes.

-reverse engineer, disassemble or decompile (convert object code to source code) the MOBILE APPLICATION (applications, programs, databases), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law permits such activities, any information so discovered must not be disclosed to third parties to the extent that such disclosure is required by law and such information must be promptly disclosed to a game studio New Technologies, LLC. All such information shall be deemed confidential and proprietary information of a game studio New Technologies, LLC.

- modify, adapt, or translate the MOBILE APPLICATION, including making changes to the object code of the programs and databases thereto, correct errors, divide the MOBILE APPLICATION into component parts and use them in personal purposes.

 
- remove or obscure any copyright, trademark or patent notices that appear on the MOBILE APPLICATION as delivered to you.

 

DISCLAIMER OF WARRANTY

 

THE MOBILE APPLICATION, INCLUDING TEXT, GRAPHICS, IMAGES OR OTHER COMPONENTS IS PROVIDED “AS IS” WITH ALL ERRORS, WITHOUT WARRANTIES OF ANY KIND, TECHNICAL CHARACTERISTICS SUPPORT AND YOU AGREE TO USE THEREOF AT YOUR OWN RISK. A GAME STUDIO NEW TECHNOLOGIES, LLC DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS, SATISFACTORY QUALITY AND PRODUCTIVITY, CONTINUOUS USE, FITNESS FOR A PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN INFORMATION, MATERIALS AND CORRECTION THEREOF. A GAME STUDIO NEW TECHNOLOGIES, LLC PERFORMS NO WARRANTY TO YOUR SATISFACTION BY THE MOBILE APPLICATION, ITS COMPLIANCE WITH YOUR NEEDS, COMPATIBILITY OF THE MOBILE APPLICATION WITH ANY THIRD PARTY’S SOFTWARE, NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS IN THE MOBILE APPLICATION IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. A GAME STUDIO NEW TECHNOLOGIES, LLC DOES NOT WARRANT FOR ANY THIRD PARTY ‘S SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITH OR WITHIN THE MOBILE APPLICATION.

 

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL NEW TECHNOLOGIES, LLC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE MOBILE APPLICATION OR BY REASON OF ANY FAILURE OF USE THEREOF BY ANY PARTY, ERROR, OMISSION, INTERRUPTION, DEFECT, LOSS OF INFORMATION, DEVICE FUNCTIONAL BREAK, MALFUNCTION OR DAMAGE EVEN IF A GAME STUDIO NEW TECHNOLOGIES, LLC, OR REPRESENTATIVES THEREOF, WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. ALSO IN NO EVENT WILL A GAME STUDIO NEW TECHNOLOGIES, LLC BE LIABLE FOR ANY INACCURACIES IN ADVERTISEMENTS OF THIRD PARTIES-ADVERTISERS WHEN YOU USE THE MOBILE APPLICATION ON THE DEVICE.

Financial liability

In no event will a game studio New Technologies, LLC be liable for any damages caused by the financial relationship between you and the third parties when using the MOBILE APPLICATION, and as result of unauthorized use of your account created during the MOBILE APPLICATION installation.

In no event will a game studio New Technologies, LLC be liable for any damages caused by the relationship between you and the third parties for the MOBILE APPLICATION purchase or software products obtained on Internet services, online application stores and online supermarkets. You acknowledge and agree that such relationships, including liability of their members, subject to the terms of use of such Internet services, online application stores and supermarkets.

When you make your in-app payments using the MOBILE APPLICATION the only liability of a game studio New Technologies, LLC is restricted by the amount of payment received by a game studio New Technologies, LLC.

The total liability of a game studio New Technologies, LLC to any person or legal entity for any claims concerned to the MOBILE APPLICATION, including claims for offense, indemnification, statutory and strict liability or otherwise, in case of their legality and validity shall not exceed three hundred US dollars.

Personal data

When installing the MOBILE APPLICATION your personal data, such as name and email address can be requested. You acknowledge and agree that your personal data will be obtained and used by a game studio New Technologies, LLC. A game studio New Technologies, LLC guarantees that all the information you provide when installing and activating the MOBILE APPLICATION will be stored and used strictly within a game studio New Technologies, LLC in accordance with the laws of the Russian Federation on personal data.

Termination

Unless otherwise agreed in a separate agreement between you and a game studio New Technologies, LLC the Terms are effective for the entire period of the MOBILE APPLICATION copyright or the License term.

Without prejudice to any other rights, a game studio New Technologies, LLC may terminate the Terms if (i) you fail to comply with their terms and conditions and (ii) at its own discretion without cause at any time. In case of the Terms termination by cause of their infringement by you a game studio New Technologies, LLC shall not grant you any proofs of such infringement. In such an event, you is obligated to destroy all copies of the MOBILE APPLICATION, all of its component parts, and uninstall the MOBILE APPLICATION.

You may terminate these Terms by destroying the MOBILE APPLICATION and accompanying documentation.
 

Governing Law

The Terms shall be governed by and construed in accordance with the substantial laws in force in the Russian Federation. If you are a legal entity or a private entrepreneur, аny and all disputes, controversies or differences in opinion arising out of or relating to these Terms shall be finally resolved through arbitration in accordance with the arbitration rules and legal procedures of the Russian Federation. Judgment of the Arbitration Court of Novosibirsk, the Russian Federation is final and obligatory for execution by both parties. If you are an individual person, the Soviet District Court of Novosibirsk, the Russian Federation, shall have jurisdiction over all disputes relating to the Terms.

The Terms shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980)

Miscellaneous


You agree that Disclaimer of warranty, Limitations of liability and Financial liability sections are essential terms hereof and survive in case of Terms termination.


You agree to indemnify, hold harmless, and defend a game studio New Technologies, LLC from and against any claims, liabilities, losses, actions, damages and/or lawsuits, including any attorneys’ fees that may arise from or relate to the use of and/or reliance on the MOBILE APPLICATION.

If any part of the Terms is found void and unenforceable, it will not affect the validity of the Terms in its entirety, which shall remain valid and enforceable according to its terms.

A game studio New Technologies, LLC may make changes to the Terms unilaterally without notice. You are liable for regular reviewing of updated Terms. Effective updated Terms are published on the official site of New Technologies, LLC www.newtech-ltd.com  .

On any questions arisen from the Terms you can contact a game studio New Technologies, LLC by the following e-mail support@newtech-ltd.com .