End-User License Agreement ("Agreement")
Last updated: 4-May-2017
PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY APPS FROM COOL GAMAPP LIMITED, for this End-User License Agreement governs your use of the Apps and how we provide the Apps.
By clicking the "Accept" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "Accept" button and do not download or use the Application.
COOL GAMAPP LIMITED grants you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, sublicense, copy, decompile, reverse engineer, disassemble, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Modifications to Application
COOL GAMAPP LIMITED reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or COOL GAMAPP LIMITED.
COOL GAMAPP LIMITED may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from COOL GAMAPP LIMITED, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
This End-User License Agreement (including the Supplemental Terms, as applicable) ("EULA") is a legal agreement between you and COOL GAMAPP LIMITED ("COOL GAMAPP LIMITED", "we", "us" or "our") which governs your use of the Apps. By installing or otherwise using the Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the App shall constitute reasonable means. Your continued use of the Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Apps. If you have any questions or concerns regarding the terms or conditions herein, please email us at info @ coolgampp.com . Do not use the Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
You must be 13 years of age or older to install or to use the Apps. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Apps for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the Apps or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the Apps, please contact us at info @ coolgamapp.com
Grant of License
Subject to your compliance with the terms and conditions of this EULA, COOL GAMAPP LIMITED grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
Description of other rights and limitations
1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Apps or use the Apps for the benefit of any third party. Unless expressly authorized by COOL GAMAPP LIMITED or permitted under the applicable mobile platform terms, you are prohibited from making the Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Apps, except to remove our Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Apps in any way. You do not have the right to and may not create derivative works of any Apps or any portions thereof. All modifications or enhancements to the Apps remain the sole property of COOL GAMAPP LIMITED.
2. Apps Updates. We reserve the right to add or remove features or functions to existing Apps. When installed on your mobile device, the Apps periodically communicate with our servers. We may require the updating of the Apps on your mobile device when we release a new version of the Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Apps may be ended upon the availability of updates, supplements or subsequent versions of the Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Apps.
3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Apps. If you access an App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Apps from your device. Downloading, installing or using certain Apps may be prohibited or restricted by your network provider and not all Apps may work with your network provider or device. COOL GAMAPP LIMITED makes no representation that the Apps can be accessed on all devices or wireless service plans. COOL GAMAPP LIMITED makes no representation that the Apps are available in all languages or that the Apps are appropriate or available for use in any particular location.
4. Purchases & Cancellation Rights.
(A) Where you purchase from a third party: Certain Apps are available for purchase from a mobile platform owner (e.g. Apple or Google) and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and download an App from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app (for example, the Apple App Store or the Google Play Store).
(B) Where you purchase from directly: Please note and acknowledge: if you are resident in the European Union and download an App from directly, you agree to waive your cancellation and refund right once the download of the app or the relevant purchase is made. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the app is complete. This will also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds from the relevant section of the website.
5. Subscription Services. Certain Apps on the Apple App Store and Google Play Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google). See below in paragraph 6 ("Trial Periods") for further information. You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 ("Purchases & Cancellation Rights") for further information.
6. Trial Periods. Certain of our subscription services on the Apple App Store and Google Play Store may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account. Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple) or (b) you cancel before the end of the trial period (Google).
7. Online Dispute Resolution. If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: info @ coolgamapp.com.
8. Coins in the App Environment. Through your use of Apps, you may accrue virtual "Coins" that may be used and virtually spent in the App environment. Coins are a limited license right distributed at our discretion, may only be used with respect to virtual items and services made available in the App environment, and are not redeemable for monetary value. In addition to the Coins that you may virtually accrue, you may also purchase Coins. Payments for Coins may be made through an in-app purchase. Please note: we may limit the number of Coins or the total monetary value of Coins that you may purchase at one time, or over a given period of time, in our sole discretion. Newly purchased Coins credits may not be available for immediate use. If you make any unauthorized purchases of Coins, or if any of your purchase of Coins leads to charge-reversals, chargebacks, disputed charges, dispute fees, or any allegation of payment fraud, we may terminate your account, with or without notice, in our sole and absolute discretion.
All purchases of Coins are FINAL and non-refundable, except in our sole and absolute discretion. Once you purchase Coins, you cannot return them. If your account is cancelled or terminated by you or by us, for any reason, you will lose and forfeit any outstanding Coins The virtual items that you may virtually acquire or use in the App environment are a limited license right granted by us and you do not acquire any ownership right to any such virtual items. We may terminate such license right and withdraw or discontinue any virtual item in the Site environment or may remove your right to use any particular virtual item or service. Any exchanges of coins for virtual items are non-reversible.
The virtual items that you may virtually acquire or use in the App environment are a limited license right granted by us and you do not acquire any ownership right to any such virtual items. We may terminate such license right and withdraw or discontinue any virtual item in the Site environment or may remove your right to use any particular virtual item or service. Any exchanges of coins for virtual items are non-reversible.
Aside from the limited license to use virtual items or services as described above, you agree that you will not gain any right, title or interest whatsoever in the Coins, or virtual items or services, and that you may not trade, sell, transfer or transact Coins, or virtual items or services in any manner except as permitted in the App environment. You may not sell or trade the time taken to accrue Coins. Any transaction in Coins or virtual items or services via online auction sites or other channels outside the Services is strictly prohibited. You may not use cheat programs, including non- Apps software programs, to accrue Coins or virtually acquire Coins. We may immediately terminate your account if it comes to our attention that you have accrued, virtually acquired or used Coins in any non-permitted manner.
Our Apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the " App Functions"). The App Functions are provided by COOL GAMAPP LIMITED and third party suppliers who offer content and/or services in conjunction with or through the Apps (the "Third Party Partners"). App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither COOL GAMAPP LIMITED, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any App.
1. Third-Party Services and Content. The Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an App that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Apps may provide access or links to Third Party Partner websites or resources. COOL GAMAPP LIMITED has no control over such websites and resources, and you acknowledge and agree that COOL GAMAPP LIMITED is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that COOL GAMAPP LIMITED shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. COOL GAMAPP LIMITED will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
2. Access to Third-Party Services and Content through Apps. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through an App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will COOL GAMAPP LIMITED be liable in any way for any Content created by or originating with entities other than COOL GAMAPP LIMITED, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an App.
Our Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Apps and any information you download or offer to share by means of an App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that our App shall not be liable for any unauthorized access to your mobile device or the app data thereon.
Consent to use of data
The Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by COOL GAMAPP LIMITED are COOL GAMAPP LIMITED's property or the property of COOL GAMAPP LIMITED's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Apps. All rights not expressly granted hereunder are expressly reserved to COOL GAMAPP LIMITED and its licensors.
The COOL GAMAPP LIMITED and names, logos and affiliated properties, are the exclusive property of COOL GAMAPP LIMITED or its affiliates. All other trademarks appearing on any App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
1. You are solely responsible for any Content you contribute, submit or display on or through your use of the App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
2. COOL GAMAPP LIMITED respects and expects its users to respect the rights of copyright holders. On notice, COOL GAMAPP LIMITED will act appropriately to remove content that infringes the copyright rights of others. COOL GAMAPP LIMITED reserves the right to disable the access to our Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an our App, or elements, infringe your copyright rights, Please contact us at: info @ coolgamapp.com
Please ensure your communication includes the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on our App;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Disclaimer of Warranty
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL APPS ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, COOL GAMAPP LIMITED, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, COOL GAMAPP LIMITED MAKES NO WARRANTY THAT THE AppS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE COOL GAMAPP LIMITED PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE AppS WILL MEET YOUR EXPECTATIONS. COOL GAMAPP LIMITED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR AppS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM AppS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH AppS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPS.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COOL GAMAPP LIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COOL GAMAPP LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE APPS. IN NO EVENT SHALL COOL GAMAPP LIMITED TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE App, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COOL GAMAPP LIMITED, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE APPS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY COOL GAMAPP LIMITED OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
Cool Gamapp Limited reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Questions or Concerns
If you have any questions about this Agreement, please contact us at info @ coolgamapp.com.
@2017 Cool Gamapp Limited. All rights reserved.