Terms & Conditions

Terms & Conditions

This is a legally binding Agreement between you and Ben Liberman. By downloading and/or using the app (“Gravity Balls”, “app” or “Service”), these Terms & Conditions (“Terms & Conditions”, “Terms and Conditions” or “terms”) will automatically apply to you and you hereby agree to abide by them – you should make sure therefore that you read them carefully before using the app. If you breach any term in these Terms and Conditions, the rights and licenses granted to you in these terms will automatically terminate and you may be subject to liability for violations of law.

Ben Liberman built the Gravity Balls app as an Ad Supported app. This Service is provided by Ben Liberman at no cost and is intended for use as is.

Ben Liberman grants you a non-exclusive, limited, revocable, non-transferable license to use the app for your personal, non-commercial use on authorized devices. The app may not be copied, imitated, sold, resold or sublicensed. These terms apply to all versions including, without limitation, free and paid versions and updates to the app. All rights related to the app and its content are reserved exclusively to Ben Liberman.

You’re not allowed to and agree that you will not, under any circumstances take part (directly or indirectly) in:

a) Copying, imitating, reverse-engineering or modifying the app, any part of the app and its content, and/or Ben Liberman’s trademarks and copyrights in any way.

b) Attempting to extract the source code of the app.

c) Translating the app into other languages, or making derivative versions.

d) Decompiling, disassembling, or otherwise reducing or attempting to reduce to a human-perceivable form any of the source code used by Ben Liberman in providing the Service.

The app itself, and all the trademarks, copyrights, logos, images, text, names, design, looks, visual effects, animations, layouts, art, gameplay, game mechanics, game rules, source code, save files, database rights and other intellectual property rights related to it, still belong exclusively to Ben Liberman.

Ben Liberman is committed to ensuring that the app is as useful and efficient as possible. For that reason, I reserve the right to make changes to the app or to charge for its services, at any time and for any reason. I will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The Gravity Balls app stores and processes personal data that you have provided to me, in order to provide my Service. It’s your responsibility to keep your phone and access to the app secure. I therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Gravity Balls app won’t work properly or at all.

The app does use third-party services that declare their own Terms and Conditions.

Link to Terms and Conditions of third-party service providers used by the app

• AdMob

You should be aware that there are certain things that Ben Liberman will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Ben Liberman cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Ben Liberman cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Ben Liberman cannot accept responsibility.

With respect to Ben Liberman’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although he endeavors to ensure that it is updated and correct at all times, he does rely on third-parties to provide information to him so that he can make it available to you. Ben Liberman accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Ben Liberman’s sole discretion. Virtual Currency is not real currency, does not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Service.

Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.

Ben Liberman has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Ben Liberman has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained with Virtual Currency. Ben Liberman reserves the right, in his sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.

At some point, I may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems I decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Ben Liberman does not promise that he will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. He may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless I tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

You agree to indemnify Ben Liberman for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Ben Liberman, his affiliates, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including but not limited to all attorney fees and costs) arising from your access to or use of the app, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account and/or device, of any intellectual property or other right of any person or entity. Ben Liberman will notify you promptly of any such claim, loss, liability, or demand, and may provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

BEN LIBERMAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

YOU FURTHER ACKNOWLEDGE THAT BEN LIBERMAN IS NOT LIABLE, AND YOU AGREE NOT TO HOLD BEN LIBERMAN LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICE, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

If a dispute arises between you and Ben Liberman, Ben Liberman strongly encourages you to first contact him directly to seek a resolution by sending an email to benliberman.games@gmail.com. You agree that all disputes between you and Ben Liberman shall be governed and interpreted exclusively by the laws of Israel, without regard to conflict of law provisions. The parties consent to the exclusive venue and jurisdiction of the courts of Tel Aviv and waive the right to any other venue.

If, for whatever reason, a court of competent jurisdiction finds any term or condition (or part of it) in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

As an indie game developer, Ben Liberman respects the works of other people and didn’t knowingly include copyrighted material in the app. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Ben Liberman to delete, edit, or disable the material in question, you must provide Ben Liberman with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ben Liberman to locate the material; (c) information reasonably sufficient to permit Ben Liberman to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.

Changes to This Terms and Conditions

I may update my Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page. If at any time you find these Terms & Conditions unacceptable, you must immediately leave the app, delete any copies of the app you possess and cease all use of the app.

These Terms and Conditions are effective as of 2021-10-12

Contact Me

If you have any questions or suggestions about my Terms and Conditions, do not hesitate to contact me at benliberman.games@gmail.com.

This Terms and Conditions page was generated with the help of  App Privacy Policy Generator.