TERM OF USE
TERM OF USE
TERM OF USE
Mobile apps and games “Captain’s Choice”, “Текстовые Квесты”, “Ошейник” is licensed to
You (End-User) by limited partnership "Shaber_Co", located and registered at Kazachstan,
Astana, Batyya, 13, 010000 ("Licensor"), for use only under the terms of this License
Agreement.
By downloading the Licensed Application from Google's software distribution platform ("Play
Store"), and any update thereto (as permitted by this License Agreement), You indicate that
You agree to be bound by all of the terms and conditions of this License Agreement, and that
You accept this License Agreement. Play Store is referred to in this License Agreement as
"Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this
License Agreement and are not bound by any provisions or obligations with regard to the
Licensed Application, such as warranty, liability, maintenance and support thereof. limited
partnership "Shaber_Co", not the Services, is solely responsible for the Licensed Application
and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that
are in conflict with the latest Google Play Terms of Service ("Usage Rules"). limited
partnership "Shaber_Co" acknowledges that it had the opportunity to review the Usage
Rules and this License Agreement is not conflicting with them.
Текстовые Квесты - Играй и Пиши when purchased or downloaded through the Services,
is licensed to You for use only under the terms of this License Agreement. The Licensor
reserves all rights not expressly granted to You. Текстовые Квесты - Играй и Пиши is to be
used on devices that operate with Google's operating system ("Android").
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS
1. THE APPLICATION
The Licensed Application is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use this Licensed Application. You may not use the Licensed Application in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and
use the Licensed Application on any Devices that You (End-User) own or control and as
permitted by the Usage Rules, with the exception that such Licensed Application may be
accessed and used by other accounts associated with You (End-User, The Purchaser) via
Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by
Licensor that replace, repair, and/or supplement the first Licensed Application, unless a
separate license is provided for such update, in which case the terms of that new license will
govern.
2.3 Licensor reserves the right to modify the terms and conditions of licensing.
2.4 Nothing in this license should be interpreted to restrict third-party terms. When using the
Licensed Application, You must ensure that You comply with applicable third-party terms and
conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor reserves the right to modify the technical specifications as it sees appropriate
at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 limited partnership "Shaber_Co" is not obligated, expressed or implied, to provide any
maintenance, technical or other support for the Licensed Application.
4.2 limited partnership "Shaber_Co" and the End-User acknowledge that the Services have
no obligation whatsoever to furnish any maintenance and support services with respect to
the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed
Application content and Your personal information, and that Licensor's use of such material
and information is subject to Your legal agreements with Licensor and Licensor's privacy
policy, which can be accessed by on the page of the game in Google Play..
You acknowledge that the Licensor may periodically collect and use technical data and
related information about your device, system, and application software, and peripherals,
offer product support, facilitate the software updates, and for purposes of providing other
services to you (if any) related to the Licensed Application. Licensor may also use this
information to improve its products or to provide services or technologies to you, as long as it
is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or in the Licensed Application, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). Contributions may be viewable by
other users of the Licensed Application and through third-party websites or applications. As
such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant
that:
1. The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Licensed Application, and other
users of the Licensed Application to use your Contributions in any manner contemplated by
the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness or each and every such
identifiable individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision
of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License
Agreement and may result in, among other things, termination or suspension of your rights
to use the Licensed Application.
7. CONTRIBUTION LICENSE
This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area in the Licensed Application. You are solely
responsible for your Contributions to the Licensed Application and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to recategorize any Contributions to place them in more
appropriate locations in the Licensed Application; and (3) to prescreen or delete any
Contributions at any time and for any reason, without notice. We have no obligation to
monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to
intent and gross negligence. Only in case of a breach of essential contractual duties
(cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case,
liability shall be limited to the foreseeable, contractually typical damages. The limitation
mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a
breach of duties according to Section 2 of this License Agreement. To avoid data loss, You
are required to make use of backup functions of the Licensed Application to the extent
allowed by applicable third-party terms and conditions of use. You are aware that in case of
alterations or manipulations of the Licensed Application, You will not have access to the
Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses,
viruses, or any other malware at the time of Your download. Licensor warrants that the
Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the
device, that has been unauthorizedly modified, handled inappropriately or culpably,
combined or installed with inappropriate hardware or software, used with inappropriate
accessories, regardless if by Yourself or by third parties, or if there are any other reasons
outside of limited partnership "Shaber_Co"'s sphere of influence that affect the executability
of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and
notify limited partnership "Shaber_Co" about issues discovered without delay by email
provided in Contact Information. The defect report will be taken into consideration and
further investigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, limited partnership "Shaber_Co"
reserves a choice to remedy the situation either by means of solving the defect or substitute
delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable
warranty, You may notify the Services Store Operator, and Your Licensed Application
purchase price will be refunded to You. To the maximum extent permitted by applicable law,
the Services Store Operator will have no other warranty obligation whatsoever with respect
to the Licensed Application, and any other losses, claims, damages, liabilities, expenses,
and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period
of limitation amounting to twelve (12) months after the Licensed Application was made
available to the user. The statutory periods of limitation given by law apply for users who are
consumers.
limited partnership "Shaber_Co" and the End-User acknowledge that limited partnership
"Shaber_Co", and not the Services, is responsible for addressing any claims of the End-User
or any third party relating to the Licensed Application or the End-User’s possession and/or
use of that Licensed Application, including, but not limited to:
(ii) any claim that the Licensed Application fails to conform to any applicable legal or
regulatory requirement; and
You represent and warrant that You are not located in a country that is subject to a US
Government embargo, or that has been designated by the US Government as a "terrorist
supporting" country; and that You are not listed on any US Government list of prohibited or
restricted parties.
For general inquiries, complaints, questions or claims concerning the Licensed Application,
please contact:
Oleg Shabrov
Frunze street,
house 41
Togliatty, Samarskaya 445028
Russia
Dementor000@yandex.ru
13. TERMINATION
The license is valid until terminated by limited partnership "Shaber_Co" or by You. Your
rights under this license will terminate automatically and without notice from limited
partnership "Shaber_Co" if You fail to adhere to any term(s) of this license. Upon License
termination, You shall stop all use of the Licensed Application, and destroy all copies, full or
partial, of the Licensed Application.
limited partnership "Shaber_Co" and the End-User acknowledge that, in the event of any
third-party claim that the Licensed Application or the End-User's possession and use of that
Licensed Application infringes on the third party's intellectual property rights, limited
partnership "Shaber_Co", and not the Services, will be solely responsible for the
investigation, defense, settlement, and discharge or any such intellectual property
infringement claims.
This License Agreement is governed by the laws of the State of California excluding its
conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the
remaining provisions shall not be affected. Invalid terms will be replaced by valid ones
formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing.
The preceding clause can only be waived in writing.