End User License Agreement (hereinafter: „EULA”)
1.1. Please read this document carefully before downloading or using Xoli’s Adventure (“Application”). By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not download or use the Application.
1.2. Please note that this document is legally binding agreement between you and Grey Shark Apps spółka z ograniczoną odpowiedzialnością with headquarters in Warsaw, entered into the Register of Businesses of the National Court Register (KRS) kept by the District Court for the capital city of Warsaw in Warsaw, XIII Economic Division of the National Court Register under KRS No. 0000719146, address: 04-023 Warsaw, ul. Wąwolnicka 4/22, NIP (ID tax number): 113-29-63-351, (hereinafter: “We” or “Grey Shark Apps”).
1.3. You represent that (1) you age 13 or older, (2) you read, understand and agree to these EULA, and (3) if you are under 18 (or whatever is the age of adulthood in your country) your parent or guardian reviewed and approved this EULA on your behalf. Parents/guardians who wish to allow their children access to the Application hereby acknowledges that they remain responsible and liable for all acts of their child.
2. INTELLECTUAL PROPERTY RIGHTS:
Application is protected by copyright and international treaties on copyright as well as other rights and treaties regarding intellectual property. All titles and copyrights associated with this Application (including, but not limited to, all images, photographs, animations, videos, layout, data, music, computer code, text included with Application) and any printed materials accompanying the Application are owned by Grey Shark Apps. You may not use or exploit any part of Application except as explained in this EULA.
Grey Shark Apps grants you a revocable, non-exclusive, non-transferable, non-sublicensable license to download, install and use the Application solely for your personal, noncommercial purposes strictly in accordance with the terms of this EULA.
4.1. You agree not to (and not to attempt to) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application or any portion of the Application, except as expressly permitted in these EULA. Additionally you are not allowed to use the Application for any use or purpose other than as expressly permitted by these EULA.
4.2. You are not allowed to delete or obscure any copyright, trademark or other information provided on the Application.
4.3. You are not allowed to decompile, modify, decompose, disassemble or otherwise reproduce the Application.
4.4. You are not allowed to backup or archive of the Application for purposes other than the replacement of the original copy in the event of its destruction or damage.
4.5. You are not allowed to use Application for any commercial purpose, including without limitation, (a) any attempt to raise money for any party or any purpose or advertise, (b) promote or attempt to trade or sell a website, pyramid scheme or any other product or service of any kind, or (c) perform market research on the Application.
4.6. You shall not use the Application to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
4.7. If you are under 13 you are not allowed to use the Application.
4.8. You shall not use the Application to engage in any illegal conduct.
4.9. You are not allowed to use the Application in a manner inconsistent with applicable law, inconsistent with the EULA or in violation of the rights of third parties.
4.10. You are not allowed to use the Application in a way that may damage it or disrupt its use to other people;
4.11. You are not allowed to use the Application in fraudulent way or to exploiting the Application’s bugs.
4.12. You are not allowed to use the Application to send spam (for example, unwanted mass or commercial messages) or otherwise provide software that allows violation of the EULA, delete, modify or falsify any components of the Application, including legal information, technical documentation or links provided as part of the Application.
4.13. You are not allowed to make use of any software or devices in order to manipulate the course of the game, to make possible, among other things, an automated participation in the game or accelerating game abuse and publicly disclose (except for purposes of reporting to Grey Shark Apps) any Application’s bugs.
4.14. You are not allowed to disclose to any other person login and password to your account. In case of an unauthorized access to such account due to user’s negligence or violation of the EULA, you will be liable for any damage caused by such access.
5. MODIFICATION TO APPLICATION:
Grey Shark Apps sp. z o. o. 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.
6. BETA TESTING VERSION
6.1. If you are taking part in “Beta Testing Program”, beta version of the Application has been delivered to you for a limited time or for use, you agree not to use the Application after the trial period has expired. You acknowledge and agree that the Application may contain code designed to prevent you from exceeding these limits and that such code will remain on your device even after the Application has been removed to prevent the installation of another copy and the repetition of the Beta Testing period.
6.2. Please note, that beta version will be provided ‘as is’ without any additional promises from us or any liability on us if the software isn’t complete or doesn’t work fully or causes issues.
6.3. You will be asked to participate in a feedback process in which you can offer information about how the trial demo works.
7. TERM AND TERMINATION:
7.1. This EULA shall remain in effect until terminated by you or Grey Shark Apps.
7.2. Grey Shark Apps may, in its sole discretion, at any time and for any or no reason, terminate this EULA with or without prior notice.
7.3. This EULA will be terminated immediately, without prior notice from Grey Shark Apps, in the event that you fail to comply with any provision of this EULA.
7.4. You may terminate this EULA by deleting the Application and all copies thereof from your mobile device.
7.5. Upon termination of this EULA, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
If any provision of this EULA 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 polish law and the remaining provisions will continue in full force and effect.
9. TERMS OF PURCHASE AND FEES:
9.1. In the Application you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use: a) a virtual currency, including, but not limited to, virtual coins, cash or credits, all of which are intended for use in the Application (hereinafter: “Virtual Currency”), b) virtual items in the game or certain benefits in the game (hereinafter “Virtual Objects”).
9.2. The purchase of Virtual Currency or Virtual Objects is only a purchase of a license to use this Virtual Currency/ Virtual Objects in the Application and does not transfer ownership of that Virtual Currency/ Virtual Objects to you. The license can’t be sold, transferred or sublicensed.
9.3. Virtual Objects or Virtual Currency have no value in the real world and can’t be exchanged for real currency, goods or other items with monetary value, even if you have unused Virtual Currency/ Virtual Objects remaining in your account at the time of its closing, regardless of whether the closure was voluntary or not.
9.4. All purchases made through the Application are final and not refundable.
9.5. Your purchase of Virtual Currency/ Virtual Objects or other content through the Application means that you agree and guarantee that you are at an age when you can be bound by the EULA and if you are not of such age that you place the order after obtaining the permit from a parent or legal guardian.
9.6. You are allowed to purchase Virtual Currency or Virtual Objects from us through the Application, and not in any other way. We explicitly prohibit and do not recognize any sale, transfer, gift or sub-license for Virtual Currency or Virtual Objects, regardless of whether they were made for “real money”, goods or any other removable means outside of the Application. Any such transfer or attempted transfer is forbidden and invalid and may result in blocking your account.
9.7. In the event that the EULA is terminated for any reason, you will forfeit all Virtual Currency and Virtual Objects and Grey Shark Apps will have no liability to you in connection with that forfeiture.
9.8. All information regarding user’s game history (which also includes information about Virtual Objects and Virtual Currency) is stored only in your device. That means that uninstalling the Application from your device will clean your game history. In above mentioned situation Grey Shark Apps has no obligation to recreate lost user’s game history including no obligation to recreate Virtual Objects and Virtual Currency.
9.9. The price of each product or service purchased through the Application will be the price indicated at the time of purchase. The prices of all products and services do not include applicable taxes and charges, unless otherwise indicated. You agree to bear all costs of such taxes and relevant charges.
10.1. We warrant that we have the right to enter into this EULA and to grant you the licence to use the Application.
10.2. We warrant that we will take reasonable care with Application and your use of them and we will use reasonable endeavours to comply with applicable laws in performing our obligations to you under this EULA.
10.3. Please note, that we do not warrant you that the Application will be error-free or that the usage will be uninterrupted, but we assure that all works regarding the Application will be conducted with the highest degree of professional care.
11. GREY SHARK APPS’ LIABILITY:
11.1. Grey Shark Apps’ liability for non-performance of EULA or improper provision of the Application both for actual loss and lost profits is excluded (except to damage caused by Grey Shark Apps’ intentional fault).
11.2. Grey Shark Apps is not responsible or liable for anything that happens to the Application games or services, which is outside of our reasonable control.
11.3. Grey Shark Apps shall bear no liability for any loss that the user can suffer due to an unstable Internet connection, an interruption in an Internet connection or an Internet connection with low data transfer.
You agree to indemnify, defend and hold Grey Shark Apps harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Application, or any breach by you of these EULA, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
13. AMENDMENTS TO EULA:
Grey Shark Apps reserves the right, at its sole discretion, to modify or replace this EULA at any time. Grey Shark Apps shall notify the user of all introduced amendments with a notification in the Application. If you don’t agree to new terms then you must to cease using the Application. But if within 7 days after the announcement you still use the Application that mean you accept the new version of the EULA.
14. APPLICABLE LAW AND JURISDICTION:
14.1. The EULA is subject to Polish law. To any matters not regulated herein, relevant provisions of the polish Civil Code and Copyright and Related Rights Act of 4 February 1994 (with amendments) shall apply.
14.2. Any disputes arising in connection with this EULA shall be settled by a court having jurisdiction over the Grey Shark Apps’ registered office (i.e. in Warsaw, Republic of Poland).
15. FORCE MAJEURE:
Neither party of the EULA shall be liable to the other party in respect of delayed, omitted or deficient delivery due to circumstances beyond the control of that party which, can be regarded as force majeure, and which the party could not have taken into account and furthermore could not have been expected to avoid or overcome. Force majeure shall be understood as external events, impossible to predict (which also includes a tiny probability of its occurrence in a given situation) and impossible to prevent. Force majeure means an event of a natural disaster, earthquakes, floods, hurricanes, strikes or a state of war.
17.1. Please note, that this EULA may not be assigned by you without Grey Shark Apps’ prior written consent.
17.2. You are responsible for obtaining and maintaining your device and any other equipment needed for access to and use of the Application.
18. GOOGLE ACCOUNT:
In order to use the Application you must have a Google Play Store account, owned and operated by Google Inc. or an Apple ID on the Apple App Store, owned and operated by Apple Inc. Your use of the Google Play Store is governed by a legal agreement between you and Google Inc. Your use of the Apple App Store is governed by a legal agreement between you and Apple Inc. You may not access or use the Application if you do not comply with the Google Terms or Apple Terms.
19. ADVERTISING CONTENT:
During the use of the Application, you may be sent advertising content. You hereby acknowledge and agree that Grey Shark Apps is not responsible or liable for any content available on such sites or resources (Grey Shark Apps is not owner of advertising content).
20. CONCTACT INFORMATION:
If you have any questions about this EULA please contact us by e-mail: email@example.com