contact@eugeneengineering.com
Your access to the Application is provided for your personal,
non-commercial use only.
Overall, this Policy is a legally binding agreement between you
and us. We say "No" to any behavior or form that intentionally
collects data from our customers. We respect and value each
customer privacy!
Welcome to our application. We are pleased to bring you the
best gaming experience on the App Store platform!
Please read these Terms of Service (the “Terms”) and our
Privacy Policy available at carefully because they govern your
use of our website, Inc.’s (“our” or “we”) website at (the “Site”)
and services accessible via our mobile applications (each an
“App”, collectively “Apps”). To make these Terms easier to
read, our Site and the Apps are collectively called the
“Services.” “Content” means text, graphics, images, music,
software, audio, video, works of authorship of any kind, and
information or other materials that are posted, generated,
provided or otherwise made available through the Services.
1. Agreement to Terms
By using our Services, you agree to be bound by these Terms
and by our Privacy Policy. If you don’t agree to these Terms
and our Privacy Policy, do not use the Services.
2. Who May Use the Services
2.1. Eligibility
You may use the Services only if you are 9 years or older and
are not barred from using the Services under applicable law.
3. Rights and Terms for Apps
3.1. Rights in App Granted by Us.
Subject to your compliance with these Terms, we grant you a
limited, non-exclusive, non-transferable, non-sublicensable
license to download and install a copy of the App on a mobile
device that you own or control and to run such copy of the App
solely for your own personal non-commercial purposes. You
may not copy the App, except for making a reasonable number
of copies for backup or archival purposes. Except as expressly
permitted in these Terms, you may not: (i) copy, modify or
create derivative works based on the App; (ii) distribute,
transfer, sublicense, lease, lend or rent the App to any third
party; (iii) reverse engineer, decompile or disassemble the App;
or (iv) make the functionality of the App available to multiple
users through any means. We reserve all rights in and to the
App not expressly granted to you under these Terms.
4. General Prohibitions and Our Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any material that: (i)
infringes, misappropriates or violates a third party’s patent,
copyright, trademark, trade secret, moral rights or other
intellectual property rights, or rights of publicity or privacy; (ii)
violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive; (iv) is
defamatory, obscene, pornographic, vulgar or offensive; (v)
promotes discrimination, bigotry, racism, hatred, harassment or
harm against any individual or group; (vi) is violent or
threatening or promotes violence or actions that are threatening
to any person or entity; or (vii) promotes illegal or harmful
activities or substances.
- Use, display, mirror or frame the Services or the Content or
any individual element within the Services, our name, any of
our trademarks, logo or other proprietary information, or the
layout and design of any page or form contained on a page,
without our express written consent;
- Access, tamper with, or use non-public areas of the Services,
our computer systems, or the technical delivery systems of our
providers;
- Attempt to probe, scan or test the vulnerability of any of our
systems or networks or breach any security or authentication
measures;
- Avoid, bypass, remove, deactivate, impair, descramble or
otherwise circumvent any technological measure implemented
by us or any of our providers or any other third party (including
another user) to protect the Services;
- Attempt to access or search the Services through the use of
any engine, software, tool, agent, device or mechanism
(including spiders, robots, crawlers, data mining tools or the
like) other than the software and/or search agents provided by
us or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional
materials, email, junk mail, spam, chain letters or other form of
solicitation;
- Use any meta tags or other hidden text or metadata utilizing
our trademark, logo URL or product name without our express
written consent;
- Use the Services, or any portion thereof, for any commercial
purpose or for the benefit of any third party or in any manner
not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse
engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any
user, host or network, including, without limitation, sending a
virus, overloading, flooding, spamming, or mailbombing the
Services;
- Impersonate or misrepresent your affiliation with any person
or entity
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the
foregoing.
Although we’re not obligated to monitor access to or use of the
Services, we have the right to do so for the purpose of
operating the Services, to ensure compliance with these Terms,
and to comply with applicable law or other legal requirements.
We reserve the right, but are not obligated, to remove or
disable access to any Services, at any time and without notice,
including, but not limited to, if we, at our sole discretion,
consider any activity to be objectionable or in violation of these
Terms. We have the right to investigate violations of these
Terms or conduct that affects the Services. We may also
consult and cooperate with law enforcement authorities to
prosecute users who violate the law.
5. Apple
If you use the Services on an Apple device, then you agree and
acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the
Terms, including, but not limited to, any obligation to furnish
you with maintenance and support with respect to the Services;
- You will have no claims, and you waive any and all rights and
causes of action against Apple with respect to the Services or
the Terms, including, but not limited to claims related to
maintenance and support, intellectual property infringement,
liability, consumer protection, or regulatory or legal
conformance;
- Apple and Apple’s subsidiaries are third party beneficiaries of
the Terms. Upon your acceptance of the Terms, Apple will have
the right (and will be deemed to have accepted the right) to
enforce these Terms against you as a third party beneficiary
thereof.
Export Control. You represent and warrant that: (i) you are not
located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government
as a “terrorist supporting” country; and (ii) you are not listed on
any U.S. Government list of prohibited or restricted parties.
6. Termination
We may terminate your access to and use of the Services, at
our sole discretion, at any time and without notice to you. Upon
any termination, discontinuation or cancellation of Services or
your account, all provisions of these Terms which by their
nature should survive will survive, including, without limitation,
ownership provisions, warranty disclaimers, limitations of
liability, and dispute resolution provisions.
7. Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,”
WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING
THE FOREGOING, WE EXPLICITLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-
INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING OR USAGE OF TRADE. WE MAKE
NO WARRANTY THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE
MAKE NO WARRANTY REGARDING THE QUALITY,
ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS OR RELIABILITY OF ANY CONTENT.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SERVICES
OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS, LOSS OF DATA OR
GOODWILL, SERVICE INTERRUPTION, COMPUTER
DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR FROM THE USE
OF OR INABILITY TO USE THE SERVICES OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT WE
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF
OR IN CONNECTION WITH THESE TERMS OR FROM THE
USE OF OR INABILITY TO USE THE SERVICES OR
CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO US
FOR USE OF THE SERVICES, IF ANYTHING.
9. Time Limitation on Claims
You agree that any claim you may have arising out of or
relating to your relationship with us must be filed within one
year after such claim arose; otherwise your claim is
permanently barred.
10. Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If
we do so, we’ll let you know either by posting the modified
Terms on the Site or through other communications via the
Services. It’s important that you review the Terms whenever we
modify them because if you continue to use the Services after
we have posted modified Terms on the Site or via the Services,
you are indicating to us that you agree to be bound by the
modified Terms. If you don’t agree to be bound by the modified
Terms, then you may not use the Site or the Services anymore.
Because our Services are evolving over time we may change
or discontinue all or any part of the Services, at any time and
without notice, at our sole discretion.