Terms of use

YOUR USE OF THE SOFTWARE IS SUBJECT TO THE TERMS OF USE SET FORTH BELOW (“AGREEMENT“).

BY INSTALLING, USING, REGISTERING OR OTHERWISE ACCESSING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW AND NEOCOM SOFTWARE CORPORATION PRIVACY POLICIES HTTP://WWW.NEOCOMGAMES.COM/PRIVACY/. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SOFTWARE. YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT (YOU MUST CONSULT YOUR PARENT OR LEGAL GUARDIAN IF YOU ARE UNDER THE AGE OF MAJORITY).

For purposes of this Agreement, “Software” means all software programs made available by NEOCOM SOFTWARE CORPORATION and its affiliates (“NEOCOM SOFTWARE CORPORATION“, “Us”,“We”) including, but not limited to mobile games, downloadable/installable games for personal computer and games and services accessed by means of a browser or other online communication method. Software also includes accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.

For the purposes of this Agreement, “Device” means any platform or equipment by which you access the Services, in all forms now known or hereafter created including, without limitation handheld devices, mobile phones, consoles, and personal computers.

1. LICENSE

LICENSE TO USE SOFTWARE. We hereby grant you the non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single Device, unless otherwise specified in the Software documentation. Your rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or Our termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Us.

LICENSE TO USE SOFTWARE CONTENT. The information, pictures, graphics, games, upgrades for use in Software (e.g., new levels, characters, and in-game items such as drawings, stars, points, etc.) (“Game Items“), and other content, features and services available in the Services (collectively, the “Software Content“) are owned by NEOCOM SOFTWARE CORPORATION or its suppliers or licensors and are protected by copyright and other laws throughout the world. We grant you a non-exclusive license to reproduce portions of the Software Content for the sole purpose of reviewing and using the Software Content as permitted in these Terms of Service. We may require you to pay a fee for a non-exclusive license to use certain Software Content. You acknowledge that Software Content has no real world value, is licensed as part of, and may only be used in, the game or specific Service page that such Software Content is designed to work with. Accordingly, you may not sell or transfer the Software Content and all such transfers or sales are null and void. All copyright and other proprietary notices on any Software Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Software Content is strictly prohibited. We reserves all rights not granted in these Terms of Use.

OWNERSHIP. NEOCOM SOFTWARE CORPORATION retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Software is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent of NEOCOM SOFTWARE CORPORATION. All rights not expressly granted to you herein are reserved by NEOCOM SOFTWARE CORPORATION.

2. LICENSE CONDITIONS.

You will not: (i) commercially exploit the Software; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Software, any passwords or usernames or any copies of the Software, without the express prior written consent of NEOCOM SOFTWARE CORPORATION or as set forth in this Agreement; (iii) make a copy of the Software or any part thereof (other than as set forth herein); (iv) make a copy of the Software publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one Device at the same time; (vi) use or copy the Software at a computer gaming center or any other location-based site; provided, that We may offer you a separate site license agreement to make the Software available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Software, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Software, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Software; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S., European Union or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Software.

However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this Agreement. The Software is intended for private use only.

The Software may include measures to control access to the Software, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Only Software subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Software will not function properly.

The Software may allow you to create content, including but not limited to photos incorporating elements or graphics from the game, screenshots or a video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright, you hereby grant NEOCOM SOFTWARE CORPORATION an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and 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. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to NEOCOM SOFTWARE CORPORATION and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to NEOCOM SOFTWARE CORPORATION, and the above waiver of any applicable moral rights, survives any termination of this License.

The Software may require an internet connection to access the Software or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the Software documentation. If you do not maintain such accounts, then the Software or certain features of the Software may not operate or may cease to function properly, either in whole or in part.

3. INFORMATION COLLECTION & USAGE.

To facilitate product support, product development and improvement as well as other services to you, you acknowledge that NEOCOM SOFTWARE CORPORATION or other third parties may use cookies, web beacons or other analytical technologies to collect, use, store and transmit technical and related information regarding your Device (including unique device ID or UDID), Game Center ID, Game Center name, IP address, geo-location, device make and model, operating system, software and applications, including application usage data.

By installing, accessing or using the Software, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States.

NEOCOM SOFTWARE CORPORATION respects your privacy rights and recognizes the importance of protecting any information collected about you. NEOCOM SOFTWARE CORPORATION privacy policy, available at Privacy Policy, is applicable to this Agreement and it defines how, why and to which extent NEOCOM SOFTWARE CORPORATION collects and uses personal and non-personal information in relation to NEOCOM SOFTWARE CORPORATION products and services.

4. THIRD-PARTY PRODUCTS AND SERVICES.

Please note that your access to and use of the Software may be subject to certain third-party terms and conditions and privacy policies, including but not limited to application stores, advertisers, analytics providers, on-line gaming platforms and social networking services. NEOCOM SOFTWARE CORPORATION is not liable for any such third-party terms and conditions and any third party’s use of your Personal Information. By accepting our Terms of Use you also accept the Terms of our partners and third party vendors which may include, but is not limited to: Google, Apple and MoPub.

We may offer links to advertisements and/or enable you to access third-party products or services. While using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by us. We are not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them or any products or services they may offer. Links to products or services do not constitute sponsorship of, or affiliation with, those people or companies.

5. WARRANTY.

THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEOCOM SOFTWARE CORPORATION EXPRESSLY DISCLAIMS ALL 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 Software. NEOCOM SOFTWARE CORPORATION DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE

IN NO EVENT WILL NEOCOM SOFTWARE CORPORATION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SOFTWARE, 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 SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT NEOCOM SOFTWARE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEOCOM SOFTWARE CORPORATION LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS WARRANTY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

6. TERMINATION.

This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts. With regards to Software delivered on a physical storage medium you can end this Agreement by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.

7. EQUITABLE REMEDIES.

If the terms of this Agreement are not specifically enforced, NEOCOM SOFTWARE CORPORATION will be irreparably damaged, and therefore you agree that NEOCOM SOFTWARE CORPORATION 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.

8. INDEMNITY.

You will to indemnify, defend and hold NEOCOM SOFTWARE CORPORATION, its 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 acts and omissions to act in using the Software pursuant to the terms of the Agreement.

9. MISCELLANEOUS.

This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.

10. GOVERNING LAW.

This Agreement will be governed by the laws of the United States of America. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof shall be finally settled at NEOCOM SOFTWARE CORPORATION discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Arbitration Rules of International Chamber of Commerce.

11. CONTACT.

If you have any questions concerning this license, please contact NEOCOM SOFTWARE CORPORATION at eula@neocomgames.com.