YaltySoft | Valid for ALL YaltySoft published applications
Valid for ALL YaltySoft published applications
This Application End User License Agreement (“License”) is an agreement between you, as the end user or as the parent, tutor or legal guardian to the end user as the case may be, and Yalty Software Inc. (“YaltySoft”). This License governs your use of any and all of the applications published by YaltySoft and any and all related documentation, updates, patches and upgrades that replace or supplement any or all of the applications in any respect and which are not distributed with a separate license (individually and/or collectively, the “Application”). This License applies to any and all Applications.
BY DOWNLOADING AND/OR USING THE APPLICATION, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE. KIDS, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY AND/OR AGE PERMITTING YOU TO FORM A CONTRACT IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE.
By consenting to this License, downloading and/or using the Application, or allowing it to be downloaded and/or used, you acknowledge that: a) You are at least 18 years of age or any other legal age required to form a contract in your jurisdiction; b) You have the right, authority and legal capacity to enter into this License; c) You have read, understood and agree to be bound by the terms and conditions of this License with respect to yourself and any minor child authorized by you; and d) You have read, understood and agree to be bound by YaltySoft's Privacy Policy available here (“Privacy Policy”) with respect to yourself and any minor child authorized by you. If you do not agree with the terms and conditions of the License and Privacy Policy, then do not download or use the Application and delete any copies installed on your devices. Your agreement with regards to this License becomes effective immediately upon installation and/or use of the Application, and shall end on the earliest date on which you dispose of the Application or YaltySoft's termination of this License. This License may be amended from time to time, therefore you agree to review it frequently in the “Settings” section of the Application. Your continued use of the Application will signify your acceptance of the changes to this License.
1) Limited Use License Grant and Terms of Use
The Application is licensed to you, not sold.
Provided that you fully comply with the terms and conditions
of this License, YaltySoft grants you, and you accept, the
non-exclusive, non-transferable, non-sublicensable,
revocable license, during the term, to install, access and
use one copy of the Application per Apple or Android OS
device that you own or control, solely and exclusively for
your personal use and as permitted by the Terms of Use for
the Apple App Store and/or Google Play App Store and/or
Amazon Appstore for Android or other app store through which
it is made available (collectively, the “App Stores”).
All rights not specifically granted under this License are
reserved to YaltySoft and, as applicable, YaltySoft's
licensors.
Your use of the Application is limited to the rights
expressly granted to you by this License. This License does
not permit any commercial use which is strictly prohibited.
You acknowledge and agree that you shall not use the
Application for any purpose other than for non-commercial
personal enjoyment, entertainment purposes, and that you
shall use the Application in accordance with all applicable
laws, rules and regulations.
Except as expressly provided in this License, you shall not
and shall not permit, encourage or support any third party
to do the following:
a) Exploit the Application or any parts of the Application
commercially. b) Use the Application, or permit it to be
used, on more than one device simultaneously, unless
otherwise authorized to do so by the App Stores in family
sharing or other similar sharing features. c) Make copies of
the Application or any part of the Application, or make
copies of any materials accompanying the Application. d)
Sell, rent, lease, license, sub-license, distribute or
otherwise transfer the Application, or any copies of the
Application, or any rights to use the Application, without
the express prior written consent of YaltySoft. e) Copy,
decompile, reverse engineer, disassemble, attempt to derive
the source code of, modify, or create derivative works of
the Application or of any component of the Application, in
whole or in part. f) Modify, remove, disable or circumvent
any proprietary notices or labels, product identification,
copyright, logo, trademark, or any other intellectual
property notices contained on or within the Application. g)
Export the Application or any copy or adaptation of the
Application in violation of any applicable laws or
regulations. h) Use portions of the Application not made
available to you or attempt to access and violate the
security of the Application. i) Use the Application in
violation of any applicable laws and regulations. Any
attempt to do any of the foregoing prohibited actions is a
violation of the rights of YaltySoft and its licensors and
you may be subject to prosecution and damages if you breach
such restrictions.
2) Ownership
All title, ownership rights and intellectual property rights in and to the Application (including but not limited to any patches and updates) and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, music, audio-visual effects, images, photographs, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Application) are owned by YaltySoft or licensors of YaltySoft. The Application is protected by the copyright laws of Canada and the United States, by international copyright treaties, and by conventions and other laws. You acknowledge that YaltySoft owns all rights in and to the Application, including, but not limited to worldwide statutory and common law rights associated with (a) patents and patent applications; (b) works of authorship, including copyrights, copyright applications, copyright registrations and “moral rights;” (c) the protection of trade and industrial secrets and confidential information; (d) trademarks; and (e) divisions, continuations, renewals, derivative works, and re-issuances of any of the foregoing, now existing or acquired in the future.
3) App Stores
Your use of the Application is subject to the terms and conditions of the App Store on which you downloaded the Application. For details, refer to the terms of use of the App Stores, as applicable.
4) Privacy
The collection, use and disclosure, if any, of information collected from you, or a child authorized by you, by YaltySoft is detailed in YaltySoft's Privacy Policy- that can be found on the privacy policy section of the YaltySoft Website at www.yaltysoft.com- which is incorporated by reference and made an integral part of this License.
5) Consent to Use of Data
Your access and use of the Application is not private or confidential. You agree that YaltySoft may collect and use technical data and related information, including but not limited to technical information about your device, system, application software and peripherals, and use of the Application, that is gathered to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. YaltySoft may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services and technologies to you.
6) Updates
YaltySoft may, at its entire discretion, make updates or modifications to certain parameters of the Application to fine-tune its gameplay or for other purposes. These updates or modifications may result in loss of data or progress within the game. YaltySoft reserves the right to make these updates or modifications and will not be held liable to you for such updates or modifications and their resulting loss of data or progress. Please note that you may need to update your version of the Application to continue playing.
7) A/B testing
You agree that YaltySoft may present you with different versions of the Application in order to conduct user interface studies (also known as A/B testing). YaltySoft will have no obligation to inform you of the existence of other versions of the Application, nor to provide you with a version you previously used.
8) Access Fees
You must provide at your own expense the equipment, Internet connection, devices, service plans necessary to access and use the Application. An Internet connection may be required to use certain Applications. YaltySoft does not guarantee that the Application can be accessed and used on all devices and wireless service plans, nor does it guarantee that the Application is available in all geographic locations. When you use the Application, your wireless service provider may subject you to fees for data and/or wireless access. You acknowledge and agree that you are solely responsible for any costs you may incur to access the Application.
9) Charges and Billing Information
YaltySoft may manage, modify or revalue the Application or
any item included in the Application and their pricing at
its sole discretion without advance notice or liability. You
agree that to the extent you provide YaltySoft any payment
information, you represent that you are an authorized user
of the chosen method of payment, and that all payment
information you provide, including but not limited to your
App Store account information, name, credit card or other
payment account identifying number, expiration date,
security codes, billing address, and any other payment
information will be current, complete, true and accurate.
All expenses and costs incurred by you or a child you have
authorized in connection with your/the child’s activities
hereunder, if any, are your sole responsibility. You are not
entitled to reimbursement from YaltySoft for any expenses,
and you will hold YaltySoft harmless therefrom.
If you remove one of our apps that has consumable purchases
(such as coins, gems or other consumable in-app purchases),
your consumable purchases and progress may be lost. Lost
purchases and progress cannot be recovered or restored if an
app is installed on the same device or on a new device.
10) No Warranty
You expressly acknowledge and agree that use of the
Application is at your sole risk and that the entire risk as
to satisfactory quality, performance, accuracy and effort is
with you. To the maximum extent permitted by applicable
laws, the Application and any services performed or provided
by the Application ("Services") are provided "as is" and “as
available”, with all faults and without warranty of any
kind, and YaltySoft hereby disclaims all warranties and
conditions with respect to the Application and any Services,
either express, implied or statutory, including, but not
limited to, the implied warranties and/or conditions of
merchantability, of satisfactory quality, of fitness for a
particular purpose, of accuracy, of quiet enjoyment, and
non-infringement of third party rights. YaltySoft does not
warrant against interference with your enjoyment of the
Application, that the functions contained in, or Services
performed or provided by, the Application will meet your
requirements, that the operation of the Application or
Services will be uninterrupted or error-free, or that
defects in the Application or Services will be corrected. No
oral or written information or advice given by YaltySoft or
its authorized representative shall create a warranty.
Should the Application or Services prove defective, you
assume the entire cost of all necessary servicing, repair or
correction. Some jurisdictions do not allow the exclusion of
implied warranties or limitations on applicable statutory
rights of a consumer, so the above exclusion and limitations
may not apply to you.
In the event of any failure
of the Application to conform to any applicable warranty, if
any, you may notify the App Store from which you downloaded
the Application and such App Store shall, if such option
exist, refund the purchase price for the Application to you,
subject to the terms and conditions of each App Store. To
the maximum extent permitted by applicable law, the App
Stores will have no other warranty obligation whatsoever
with respect to the Application, and any other claims,
losses, liabilities, damages, costs or expenses attributable
to any failure to conform to any warranty will be
YaltySoft's responsibility.
11) Limitation of Liability
To the extent permissible by law, you agree to release and hold harmless YaltySoft and its subsidiaries, affiliates, divisions, partners, licensors, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, loss, harm, damage, injury, cost or expense whatsoever, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur, in whole or in part, directly or indirectly, in connection with your use of the Application, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery, as well as for any damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if YaltySoft has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. The Released Parties assume no responsibility for any injury or damage to your or to any other person's device, regardless of how caused, relating to or resulting from downloading materials or software in connection with the Application. You acknowledge that YaltySoft has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to the Application or any component thereof.
12) Injunctive Relief
You agree that a breach of this License will cause irreparable injury to YaltySoft for which monetary damages would not be an adequate remedy. YaltySoft shall be entitled to seek equitable relief in addition to the other remedies it may have by this License or under the applicable law.
13) Indemnity
You agree to indemnify, defend and hold YaltySoft, its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from you acts and omissions to act in using the Application pursuant to the terms and conditions of this License.
14) Links
The Application may contain links to third party websites or interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by the YaltySoft. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. You should read the terms of use and privacy policies that apply to such third party services, content and websites. YaltySoft WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION.
15) Third Party Applications/Devices
If you access the Application using an Apple iOS or Android-powered device, then Apple Inc., Google, Inc. or Amazon Inc., respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Application. You agree that your access to the Application using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
16) Term & Termination
This License shall commence on the date you download the Application and shall continue to be in force and effect for as long as you do not dispose of the Application and as you comply with this License. Your rights under this License will terminate automatically without any notice from YaltySoft in the event that you fail to comply with any of the terms and conditions of this License. Upon termination of this License, you shall cease all use of the Application and destroy all copies (whether full or partial) of the Application. Additionally, YaltySoft and/or its licensors, reserve the right to change, suspend, remove, or disable access to the Application or the subscription options at any time without notice. In no event will YaltySoft be liable for the removal of or disabling of access to the Application. You agree that YaltySoft shall not be liable for any loss or damage caused, directly or indirectly, by any such termination and/or suspension.
17) Severability and Survival
If any provision of this License is declared or deemed illegal, unenforceable or invalid under applicable law, this provision shall be considered invalid, but all unaffected provisions will be applied within the limits of the law. YaltySoft's failure to enforce any provision of this License shall not constitute a waiver of such provision.
18) Assignment
YaltySoft may assign this License, in whole or in part, at any time. You acknowledge that you may not assign, transfer or sublicense any or all of your rights or obligations under this License without the express prior written consent of YaltySoft.
19) Governing Law
The laws of the Province of Québec (Canada), excluding its conflict of law rules, govern this License and your use of the Application. Your use of the Application may be also be subject to other local, state, national, or international laws.
20) Export Laws
You agree to abide by the export laws applicable in Canada and the U.S. as well as any other applicable export laws and you agree not to transfer the Application to any foreign national or national destination, which is prohibited by such laws. You hereby certify that you are not a person with whom YaltySoft is prohibited from transacting business under applicable laws. Furthermore, 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 that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
21) Dispute Resolution Updates
YaltySoft is confident that most of your concerns can be
resolved quickly and to your satisfaction by contacting our
Customer Support at support@yaltysoft.com. In the event that
YaltySoft cannot resolve a concern to your satisfaction,
then you and YaltySoft agree to be bound by the following
procedure to resolve any and all disputes.
Except where prohibited by law, before initiating any formal
dispute resolution proceedings, you agree to negotiate with
YaltySoft in good faith on an individual basis. If YaltySoft
and you do not reach an agreement, you agree to submit the
dispute to binding arbitration, on an individual basis, and
by a single arbitrator. The arbitration shall take place in
Montréal, Province of Québec, Canada, under the rules of the
ADR Institute of Canada, and the award capable of being
enforced in any court of competent jurisdiction. All
administrative costs of any arbitration shall be split
equally between the parties, and each party shall be
responsible for paying its own attorneys’ fees, expert fees
and expenses. To the maximum extent permitted by law, the
parties agree that the arbitration award shall not include
consequential or punitive damages or injunctive relief but
shall only award the aggrieved party the actual damages
sustained. There shall be no authority for any claims to be
arbitrated on a class or representative basis; arbitration
can decide only the end user’s individual claims and the
arbitrator may not consolidate or join the claims of other
persons or parties who may be similarly situated.
22) Terms For Apple iPhone, iPod Touch and iPad End Users
These terms supplement and are in addition to the terms of
the License for users who purchase and/or install the
Application on Apple, Inc. (“Apple”) iPhone, iPod Touch,
Apple TV and/or iPad products (collectively the “Apple
Devices”).
a) You acknowledge and agree that this License is concluded
between you and YaltySoft only, not Apple. b) By installing
and/or purchasing the Application, provided that you fully
comply with the terms and conditions of this License, you
are acquiring and YaltySoft grants you a personal, limited,
non-exclusive and non-transferable license to use the
Application on authorized Apple Devices for personal,
non-commercial use, and subject to the Apple Terms and
Conditions (also referred to as the Usage Rules) set forth
in the App Store Terms of Service. c) You acknowledge and
agree that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the
Application. d) In the event of any failure of the
Application to conform to any applicable warranty, you may
notify Apple and Apple will refund the purchase price for
the Application to you. To the maximum extent permitted by
applicable law, Apple will have no other warranty obligation
whatsoever with respect to the Application, and any other
claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will
be YaltySoft's responsibility. e) You acknowledge and agree
that Apple shall not be responsible for addressing any
claims by you or any third party relating to your possession
and/or use of the Application, including but not limited to:
(i) product liability claims; (ii) any claims that the
Application fails to conform to any applicable legal or
regulatory requirement; (iii) claims arising under consumer
protection or similar legislation; and (iv) claims by any
third party that the Application or your possession and use
of the Application infringes on the intellectual property
rights of the third party. f) 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
that (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties. g) You acknowledge and
agree that Apple and Apple’s subsidiaries are third party
beneficiaries of this License, and that, upon your
acceptance of the terms and conditions of this License,
Apple will have the right (and will be deemed to have
accepted the right) to enforce the License against you as a
third party beneficiary thereof.
23) Additional Terms specifically for the ROAM Game Application.
a) General: In addition to all other terms and conditions of
this License, the specific terms of this section 23 apply
only and specifically to ROAM Game application.
b) Subscription Service: ROAM Game is a subscription
service. Although certain features, games, activities and/or
content of these Applications may be available at no charge
to you, other features, games, activities and/or content may
only be available to you if you agree to pay for a
subscription plan. Your subscription to these Applications
gives full access to all their content as long as your
subscription is active subject to Section 16 of this
License. Some content is only available as you progress in
the game or at a specific date. At any time, YaltySoft may
make some or all of the content available only to
subscribers.
c) Free Trial: From time to time, YaltySoft may offer you a
free trial of the subscription in accordance with banners
inside the app or other marketing initiatives. You will need
to opt-into a subscription in order to accept the trial
period. You will have the right to opt-out at any time
during the trial period until at least 24 hours prior to the
end of the trial period. You will be automatically charged
after the trial period unless you opt-out at least 24 hours
prior to the end of your trial period. Only one free trial
per account on new subscriptions only.
d) Payment: You can subscribe to one of the option plans
offered. Your payment will be charged to your account when
you confirm your purchase of a subscription. Billing cycle
depends on the option plan you chose. For example, monthly
subscription is billed monthly and yearly subscription is
billed once annually, on the anniversary of the start of
subscription date.
e) Renewal: Your account will be charged for renewal within
24-hours prior to the end of the current period. Your
subscription automatically renews for the same period as
your initial subscription (excluding any free trial period
or any promotional or discount price) unless auto-renew is
turned off at least 24-hours before the end of the current
period.
f) Subscription Cancellation: At any time, you can cancel
the auto-renewal of your subscription by going to the
settings of your account after your purchase. If you cancel
the auto-renewal of your subscription, it shall remain
active until your option plan has lapsed. Please note that
you will not get a refund for any remaining period of a
subscription. When your subscription has lapsed, you may
lose access to the Application, its content and/or prizes
abd gifts you obtained while your subscription was active.
g) Re-installation of the Application: When you re-install
the Application, you will go through the same process as the
first launch. If you are a subscriber, you will continue to
unlock content as time passes or as you game progresses.
h) Family Share: Like all other Apple subscription apps,
these Applications cannot use family sharing to share
subscriptions across family members.
i) Fictitious Names: All names, characters and locations
portrayed in these Applications are fictitious. No
identification with actual persons (living or deceased),
places, buildings, and products is intended or should be
inferred.
23) Modifications
YaltySoft may, in its sole and absolute discretion, change this License from time to time. Therefore, you agree to review it frequently either in the “Settings” section of the Application or by visiting the link in the legal tab on the YaltySoft website: https://www.yaltysoft.com. Your continued use of the Application will signify your acceptance of the changes to this License as changed. If you object to any such changes, your sole recourse will be to stop using the Application.
24) Miscellaneous
This License, together with the Privacy policy any other rules or guidelines posted in connection with the Application constitute the entire and exclusive and final statement of the agreement between you and YaltySoft. YaltySoft's failure to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision. If for any reason any provision of this License is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this License shall continue in full force and effect. The section titles in this License are for convenience only and have no legal or contractual effect. The terms of this License which by their nature should survive the termination of this License shall survive such termination. This License is personal to you and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights and obligations under this License without consent from you.
25) Legal
ROAM, YaltySoft are trademarks of YaltySoft Inc
Apple, the Apple iPhone, iPod Touch and iPad are trademarks
of Apple Inc., registered in the U.S. and other countries.
App Store is a service mark of Apple Inc.
Google
and Google Play are registered trademarks of Google LLC.
Amazon and Amazon App Store are a trademarks of Amazon.com,
Inc. or its affiliates.
26) Entire Agreement
This License, the Privacy Policy and applicable App Stores licenses, where applicable, represent and express the entire agreement between you and YaltySoft for the use of the Application. It replaces and supersedes all prior understandings (written or oral) concerning the within subject matter. No delay or failure to exercise any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase terms or other terms, the terms of this License shall prevail. In case of any discrepancy between the English, French or other versions of this License, the English version shall always prevail.
27) Contact Information
For any questions, please do not hesitate to contact us!
By
email: support@yaltysoft.com
By mail: YaltySoft Inc., 3994 Sunnycrest Drive, North
Vancouver, British Columbia, Canada.
28) Claims of Infringement
For any claims of infringement or any legal inquiries, please contact legal@yaltysoft.com
Copyright © 2020 YaltySoft - All rights reserved