These terms of use (the «Terms») form a legal agreement between you and Individual Entrepreneur RedboxSoft («RedboxSoft», «we», «our» or «us»). Our contact details are set out in the «Contact Information» section below.
These Terms set out how you may use our mobile applications («App») and related services. Please read these Terms carefully to make sure you understand them.
These Terms form a legal agreement between you and us. They explain what terms you must comply with whenever you use our App. By agreeing to these Terms, or using our App, you agree to accept and be legally bound by these Terms. If
you do not agree with the Terms, you should not access or use our App.
You should also read our Privacy Policy to understand how we use your personal information.
1. End User License Agreement
1.1 License
Subject to the terms of this Agreement, RedboxSoft grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy, for the purpose of downloading, installing and executing, the number of copies
for which you are authorized by the download site of each App on a mobile device that you own or control for your use (the «License»).
1.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App; (b) you shall not modify,
translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you
shall not access any App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of
any App (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary
notices on any App content must be retained on any copies.
1.3 Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
1.4 Modification
RedboxSoft reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that RedboxSoft will not be liable to you or to any third party for any modification, suspension,
or discontinuance of any App or any part thereof.
1.5 Ownership
Apps provided to you are licensed to you and not sold. RedboxSoft (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User
Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The RedboxSoft name, logo, and the product names associated with the Apps belong to RedboxSoft (or
its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. RedboxSoft (and its licensors, where applicable) reserve all rights not granted in this Agreement.
1.6 Advertisment
When you start or stop an App, it may display an ad. During gameplay, banner and/or interstitial ads may be displayed.
2. User Content
2.1 User Content
«User Content» of a user means any and all content that such user uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks associated with use of your User
Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that
your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by RedboxSoft. RedboxSoft is not obligated to backup
any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
2.2 License
By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have the right to grant, to RedboxSoft an irrevocable, non-exclusive, royalty-free and
fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content,
solely to display your User Content on any App.
2.3 Feedback
If you provide RedboxSoft any feedback or suggestions («Feedback»), you hereby assign to RedboxSoft all rights in the Feedback and agree that RedboxSoft shall have the right to use such Feedback and related information in any manner
it deems appropriate. RedboxSoft will treat any Feedback you provide to RedboxSoft as non-confidential and non-proprietary. You agree that you will not submit to RedboxSoft any information or ideas that you consider to be confidential
or proprietary.
2.4 Acceptable Use Policy
The following sets forth RedboxSoft’s - «Acceptable Use Policy»:
2.4.1 You agree not to use any App to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of
publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene,
or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is
otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative
or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
2.4.2 You agree not to use any App to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other
users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Apps (e.g.,
a denial of service attack); (d) attempt to gain unauthorized access to the Site or App or servers or networks connected to Apps (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any
App.
2.5 Enforcement
We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
3. Term and Termination
3.1 This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the App, unless earlier terminated in accordance with this Agreement.
3.2 Notwithstanding the foregoing, if you used any App prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use any
App (which ever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use any App, unless earlier terminated in accordance with this Agreement.
3.3 We may (a) suspend your rights to use any App, and/or any related services or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith
believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, RedboxSoft reserves the right to terminate its Agreement with any user who repeatedly infringes
third party copyright rights upon prompt notification to RedboxSoft by the copyright owner or the copyright owner’s legal agent.
3.4 Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live
databases. RedboxSoft will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the following provisions of
this Agreement will remain in effect: Sections 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8, 9, and 10.
4. Indemnity
You agree to defend, indemnify and hold harmless RedboxSoft (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third
parties resulting from or relating to: (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement. RedboxSoft reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify RedboxSoft and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of RedboxSoft.
RedboxSoft will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third Parties
5.1 Application Stores
You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple or Android stores («Application Store»). You acknowledge that this Agreement is between
you and RedboxSoft and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating
thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your
license to use App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Store’s terms and policies) when using App. You acknowledge that the Application Store
(and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
5.2 Third Party Services
RedboxSoft may permit certain third party applications (like leaderboards, game networks, ad networks, third-party analytic software etc.) to take and (or) provide content or any end user’s data through the App («Third
Party Services»). The App may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on their device. When you do so, RedboxSoft will share information with
the Third Party Service as described in the RedboxSoft Privacy Policy. RedboxSoft is not responsible for and does not control Third Party Services. RedboxSoft provides these Third Party Services only as a convenience
to you. RedboxSoft has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. When you access a Third Party Service, the applicable
third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with
any Third Party Services.
5.3 Other Users
An App may contain User Content provided by other users of the App. RedboxSoft is not responsible for and does not control User Content. RedboxSoft has no obligation to review or monitor, and does not approve, endorse,
or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other
user and we are under no obligation to become involved. You agree that RedboxSoft will not be responsible for any liability incurred as the result of any such interactions.
5.4 Release
You hereby irrevocably and unconditionally release and forever discharge RedboxSoft (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions
with, or act or omission of, any Third Party Service, other Apps users, or Third Party Advertisers.
6. Disclaimers
6.1 APPS ARE PROVIDED «AS-IS» AND AS AVAILABLE AND RedboxSoft (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. RedboxSoft (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
6.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation on Liability
7.1 IN NO EVENT SHALL RedboxSoft (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO
THIS AGREEMENT OR RedboxSoft’ PRIVACY PRACTICES, ANY APP, EVEN IF RedboxSoft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RedboxSoft’ LIABILITY TO YOU FOR ANY DAMAGES ARISING
FROM OR RELATED TO THIS AGREEMENT OR RedboxSoft’ PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID RedboxSoft IN THE PRIOR
12 MONTHS (IF ANY). IN NO EVENT SHALL RedboxSoft’ SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT
VARY FROM JURISDICTION TO JURISDICTION.
8. Fees
You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the App. All payments will be processed through the Application Stores from which you originally downloaded the App.
RedboxSoft may revise the pricing for the goods and services offered to you through the App at any time. YOU ACKNOWLEDGE THAT RedboxSoft IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE
MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU CLOSE YOUR ACCOUNT OR WHEN YOU STOP TO USE THE APP.
9. General
9.1 Changes to this Agreement
RedboxSoft is authorized to amend the Terms of Use at any time, with the amended Terms of Use effective as soon as they are posted on this website. Please check the most current Terms of Use to ensure that you are aware
of all the terms and conditions regulating your use of this website and RedboxSoft’s games.
RedboxSoft reserves the right to make changes to or update the content of the website and its games or the format thereof at any time and without any notice. RedboxSoft reserves the right to terminate or restrict access
to the website for any reason whatsoever at its sole discretion.
9.2 Entire Agreement
This Agreement is the final, complete and exclusive agreement of you and RedboxSoft with respect to the subject matters hereof (including all Apps) and supersede and merge all prior discussions and agreements between
the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement
shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation.
Your relationship to RedboxSoft is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without
RedboxSoft’ prior written consent, and any attempted assignment in violation of the foregoing will be null and void. RedboxSoft may assign this Agreement in connection with a merger, acquisition, reorganization
or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.
10. Contact Information
RedboxSoft
111A Kalinovskogo St. apt. 6, Minsk, Belarus, 220086
E-mail: redboxsoftstudio@gmail.com
Last updated Nov 14, 2019
