Titarenko Dev - Terms of Use

Your use of the App is subject to the terms of use set forth below (“Agreement”).

By installing or otherwise accessing the App, you acknowledge that you have read and understood this Agreement and agree to the terms below and in our privacy policy (https://titarenkodev.com/privacy-policy). If you do not wish to be bound by these terms, do not install, access, or use the App.

If you are under the legal age to form a binding contract, you must review this Agreement with your parent or legal guardian to ensure that you and your parent or legal guardian understand it. You must not use the App if you are legally prohibited from entering into this Agreement.

1. Definitions

For purposes of this Agreement:

• “App” means the software program made available by Elena Titarenko (“us”, “we”, “our”) and related services (“Services”) accessed through the App. The App also includes accompanying manual(s), packaging and other written, files, electronic or online materials or documentation, and any and all copies of the App and related materials;
• “Device” means any device, platform, or equipment through which you access the App, in all forms now known or hereafter developed, including but not limited to handheld devices, mobile phones, consoles, and personal computers.

2. License

2.1. License to use the App. We grant you the non-exclusive, non- transferable, non-sublicensable, limited license to install and use one copy of the App for your personal non-commercial use for gameplay on a single Device. This license is conditioned upon your compliance with this Agreement. The term of your license under this Agreement begins when you install or otherwise access the App and ends on the earlier date of either your deletion of the App or our termination of this Agreement. Your license automatically terminates if you attempt to circumvent any technical protection measures used in connection with the App. You hereby acknowledge that no title or ownership in the App are transferred or assigned, and this Agreement should not be construed as a transfer, assignment or any other disposal of any rights in the App. All rights not specifically granted under this Agreement are reserved by us and respective rightsholders.

2.2. License to use App Content. The content, including but not limited to information, pictures, graphics, games, upgrades (e.g., new levels, characters, and in-game items, etc.), features, and Services available in the App (collectively, the “App Content”) are owned by us or our suppliers or licensors and are protected by copyright and other laws. We grant you a non-exclusive, non-transferable license to reproduce portions of the App Content for the sole purpose of reviewing and using the App Content, as permitted in this Agreement. We may require you to pay a fee for a non-exclusive license to use certain App Content. You acknowledge that App Content has no real world value, is licensed as part of, and may only be used in, the App or specific service page that such App Content is designed to work with. Accordingly, you may not sell or transfer the App Content, and all such transfers or sales are null and void. Any unauthorized reproduction, modification, distribution, or performance of any App Content is strictly prohibited. All rights not specifically granted under this Agreement are reserved by us and respective rightsholders.

3. Ownership.

All proprietary, moral, ancillary, neighbouring and any other rights, whether registered or unregistered, as well as title and interest in the App, are reserved by the respective rightsholders. This reservation includes, without limitation, intellectual property rights to the App and the App Content, trademarks, trade secrets, trade names, patents, titles, software codes, databases, audiovisual effects, themes, characters, character names, stories, dialogues, settings, artwork, sound effects, musical works. The App is protected by applicable laws and treaties throughout the world. Unless expressly authorised by mandatory legislation, the App may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without our prior written consent.

4. License Conditions

Except as otherwise expressly provided in this Agreement, you must not:
(i) commercially exploit the App and the App Content;
(ii) distribute, license, sell, rent, lend, convey, or otherwise transfer the App, any passwords or usernames, or copies of the App, without our express prior written consent;
(iii) make copies of the App, the App Content or any part thereof;
(iv) make the App and the App Content publicly available or accessible via a network to multiple users;
(v) use or install the App on a network, for online use, or on more than one Device at the same time;
(vi) reverse engineer, decompile, disassemble, translate, create derivative works based on or otherwise modify the App and the App Content in whole or in part;
(vii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the App, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
(viii) misrepresent the ownership of the App;
(ix) scrape, build databases or otherwise create permanent copies of App Content;
(x) interfere with technical protection measures or disable or circumvent such security features implemented in the App.

5. User-Generated Content

If the App allows you to create content, including but not limited to, photos incorporating elements or graphics from the App, screenshots or a video of your game play, you grant us an exclusive, perpetual, irrevocable, fully transferable, worldwide, royalty-free, and sub-licensable license to use your contributions in any way and for any purpose, including but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown, and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent allowed by applicable law, you hereby waive any moral rights related to your contributions. This license granted to us, and the above waiver of any moral rights, survives termination of this Agreement.

6. Usage Requirements

7. Third-party products and services

Your access and use of the App may be subject to certain third-party terms and conditions and privacy policies, including but not limited to application stores, advertisers, analytics providers, online gaming platforms, and social networking services, and any other providers of products and services. We are not responsible for any such third-party terms and conditions, and any third-party use of your personal information. Your use of those products and services is at your own risk.

We may offer links to advertisements and/or enable you to access third-party products or services. We are not responsible for the actions of those third parties, and/or the content of their products or services. Links to products or services do not constitute sponsorship or affiliation with those third parties.

8. Warranty Disclaimer

The App is provided on an “as is” and “as available” basis without conditions and warranties of any kind, whether express or implied, including but not limited to the conditions or warranties of merchantability, fitness for a particular use or purpose, title, non-infringement, accuracy, quiet enjoyment, and system integration with respect to the App. We do not warrant that the App will be uninterrupted, secure, or error-free.

We are not liable for any special, incidental or consequential damages arising from possession, access, use or malfunction of the App, including, but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this Agreement or the App, whether arising in tort (including negligence), contract, strict liability or otherwise, and whether or not you have been advised of the possibility of such damages. In no event shall our liability for all damages (except as required by Applicable law) exceed the actual price paid by you for use of the App.

9. Termination

This Agreement will automatically terminate if you fail to comply with its terms. Upon termination, you must cease using and destroy all copies of the App and all of its component parts. With regard to the App delivered on a physical medium, you can terminate this Agreement by deleting the App from your Device and all copies and reproductions of the App. Termination of this Agreement will not affect any rights, license grant or liabilities that accrued prior to termination.

10. Equitable Remedies

If the terms of this Agreement are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.

11.Indemnification

You indemnify, defend, and hold us, our partners, affiliates, contractors, officers, directors, employees, and agents harmless from and against any and all damages, losses, and expenses arising directly or indirectly from your act or omissions related to the use of the App or your breach of this Agreement.

12.Miscellaneous

This Agreement represents the entire understanding between you and us concerning the subject matter hereof and supersedes all prior agreements and representations between the parties. This Agreement may be amended only by a written document executed by both parties. If any provision of this Agreement is found to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remainder will remain in full force and effect.

13.Governing Law

This Agreement will be governed by the laws of England and Wales. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be finally settled at our discretion: (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the rules of the International Chamber of Commerce.

If you have any questions concerning this Agreement, you may contact titarenkodev@gmail.com.

Moscow, Russia