Last updated: January 2024
All the documents that relate to the Apps are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before you download, install or use our Apps.
It is important that you read and understand this Agreement as by downloading, installing or using our Apps you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the Apps. By using the Apps you agree to abide by this Agreement.
If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the Apps and you must promptly discontinue downloading, installing the Apps and remove (delete) the Apps from any mobile device in your possession or under your control.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the Apps after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE APP
In order to download, install, access or use the Apps, you must be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the Apps, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use, download, install, access the Apps, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the Apps; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any use of the Apps by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the Apps by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.
Any person under the age of thirteen (13) years is not permitted to download, install, access or use the Apps.
You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IV. GENERAL TERMS
Our Apps is developed for entertainment purposes. See the full performance list on the App’s page in the App Store / Google Play.
VI. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT
INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP
Note that this subsection “INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APPS” does not apply to User Content (as defined below in this Agreement). The license terms and other regulations regarding User Content are set forth in this Section VI below under the subtitle “USER CONTENT”.
By using the Apps, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the Apps pursuant to this Agreement (the “License”).
You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the Apps.
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the Apps are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
All rights, title and interest in and to the Apps and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Survival Games LTD. and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
For the purposes of this section, the term “User Content” explicitly includes both Input and Output Content. WE DO NOT CLAIM ANY OWNERSHIP RIGHTS OVER YOUR USER CONTENT. YOU RETAIN ALL RIGHTS TO YOUR USER CONTENT AND MAY USE IT COMMERCIALLY. This means that you can do whatever you like with your Input and Output Content - to publish it, to incorporate it into other works, to print in any medium, to replicate, to distribute, to profit from the sale of copies of any products containing the Input and Output Content or to get benefit from the use of a digital version of the content.
You assume and bear all the risks related to your use of User Content. It is your sole responsibility to ensure compliance with the applicable laws while using User Content. Before you upload your Input Content make sure that such content:
- belongs to you or you have otherwise obtained the right to use it in the way that is technically allowed by the App;
- is legally and socially acceptable and does not go against public order;
- does not infringe any third party’s rights, including the copyright and the right to privacy.
Please examine Section VII for more details.
Note that a set of prohibitions and restrictions apply with respect to both Input and Output Content.
Your compliance with the terms of Section VII is crucial. Your failure to comply with the terms of Section VII may result in termination of your access to the App and/or lead to other negative consequences.
VII. PROHIBITED BEHAVIOR
You agree not to use the Apps in any way that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- infringes any copyright, database right or trademark of any other person;
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
In addition, you are not allowed to upload, enter, create, generate via the App, share, distribute the following types of User Content:
- сontent that expresses, incites, or promotes hate based on identity;
- сontent that intends to harass, threaten, or bully an individual;
- сontent that promotes or glorifies violence or celebrates the suffering or humiliation of others;
- сontent that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders;
- сontent meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness);
- content attempting to influence the political process or to be used for campaigning purposes;
- unsolicited bulk contents;
- content that is false or misleading, such as attempting to defraud individuals or spread disinformation;
- content that attempts to generate ransomware, keyloggers, viruses, or other software intended to impose some level of harm;
- that may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, or that encourage anyone to violate any local, state, national or international law.
Note that the above list of prohibited content and activities is not exhaustive.
IT IS ALSO STRICTLY PROHIBITED TO USE ANY COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR WHEN YOU ENTER ANY OTHER DATA WHILE USING THE APP.
You shall not make the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.
You shall not transfer, lend, rent, lease, distribute the Apps, or use it for providing services to a third party, or grant any rights to the Apps or any documentation concerning the Apps to a third party.
Misuse of any trademarks or any other content displayed on the Apps is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the Apps, directly or indirectly, by way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use the Apps or part thereof for malicious intentions.
Also we are not responsible for the way you use the Apps.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
VIII. AVAILABILITY OF THE APPS, SECURITY AND ACCURACY
In order to use the Apps, you are required to have a compatible electronic device (computer, mobile phone or tablet) and Internet access.
We do not warrant that the Apps will be compatible with all hardware and software which you may use.
We make no warranty that your access to the Apps will be uninterrupted, timely or error-free.
You acknowledge that the Apps is provided via the Internet, therefore, the quality and availability of the Apps may be affected by factors outside our reasonable control.
We may add new features to the Apps, change, update, upgrade, modify it or anything described in it without noticing you. If the need arises, we may suspend access to the Apps, or close it indefinitely.
You also warrant that any information that you submit or send us via the Apps is true, accurate and complete.
If you decide not to use the Apps for any reason you should stop accessing the Apps.
The Apps is provided on a free basis. Once you download the Apps, you will have access to its basic features.
Access to some services and/or additional features within the Apps (“Premium options”) requires In-App Purchases, including paid subscriptions.
The full list of Premium options and pricing are provided on the App’s page. You may have an opportunity to try Premium options during the free trial period as provided on the signup screen.
After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic features of the Apps.
You can choose different subscription options. Prices for different subscription options are indicated in the Information section of the App’s page. Prices are in U.S. dollars and may vary in countries other than the U.S. You'll have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of the free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID account settings / Google Play account settings at least 24 hours before the end of the current period. Payment will be charged to your Apple ID / Google Play Account at confirmation of purchase. No cancellation of the current subscription is allowed during active subscription period. Subscriptions are managed by you. Learn more about managing subscriptions (and how to cancel them) on Apple support page / Google’s support page. Please note that removing the Apps from your device does not deactivate your subscription. You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.
X. THIRD PARTY WEBSITES AND RESOURCES
The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APPS AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
XII. LIMITATION OF LIABILITY. INDEMNIFICATION
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APPS AND SERVICES PROVIDED BY THE APPS. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APPS OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.
You also acknowledge and agree that your any use of the Apps and/or any User Content is at your sole risk. You assume your full responsibility arising out of your use of the Apps and/or further sharing and distribution of any User Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature arising out of your use of the Apps, any use of User Content or out of your failure to comply with the terms of the present Agreement.
XIII. THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple/Google, and Apple’s and Google’s subsidiaries are the third party beneficiaries of the present Agreement, and that upon your acceptance of the terms and conditions of the present Agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary thereof.
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Apps.
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
XVII. CONTACT INFORMATION
We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the Apps, please contact us email@example.com.