Privacy policy and EULA

PRIVACY POLICY


Last updated April 28, 2023




This privacy notice for Kittyklaw Games ('Company', 'we', 'us', or 'our'), describes how and why we might collect, store, use, and/or share ('process') your information when you use our services ('Services'), such as when you:

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at 1024428@student.sae.edu.au.



SUMMARY OF KEY POINTS


This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.


What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Kittyklaw Games and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.


Do we process any sensitive personal information? We do not process sensitive personal information.


Do we receive any information from third parties? We may receive information from public databases, marketing partners, social media platforms, and other outside sources. Learn more about information collected from other sources.


How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.


In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.


How do we keep your information safe? We have organisational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.


What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.


How do you exercise your rights? The easiest way to exercise your rights is by visiting http://www.google.com, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.


Want to learn more about what Kittyklaw Games does with any information we collect? Review the privacy notice in full.



TABLE OF CONTENTS


1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE PROCESS YOUR INFORMATION?

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

7. HOW LONG DO WE KEEP YOUR INFORMATION?

8. HOW DO WE KEEP YOUR INFORMATION SAFE?

9. WHAT ARE YOUR PRIVACY RIGHTS?

10. CONTROLS FOR DO-NOT-TRACK FEATURES

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

12. DO VIRGINIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

13. DO WE MAKE UPDATES TO THIS NOTICE?

14. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?



1. WHAT INFORMATION DO WE COLLECT?


Personal information you disclose to us


In Short: We collect personal information that you provide to us.


We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.


Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

Sensitive Information. We do not process sensitive information.


Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter, or other social media account. If you choose to register in this way, we will collect the information described in the section called 'HOW DO WE HANDLE YOUR SOCIAL LOGINS?' below.


All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.


Information automatically collected


In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.


We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.


The information we collect includes:

2. HOW DO WE PROCESS YOUR INFORMATION?


In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.


We process your personal information for a variety of reasons, depending on how you interact with our Services, including:


3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?


In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests.


If you are located in the EU or UK, this section applies to you.


The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:


If you are located in Canada, this section applies to you.


We may process your information if you have given us specific permission (i.e. express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e. implied consent). You can withdraw your consent at any time.


In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:


4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?


In Short: We may share information in specific situations described in this section and/or with the following third parties.


We may need to share your personal information in the following situations:


5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?


In Short: We are not responsible for the safety of any information that you share with third parties that we may link to or who advertise on our Services, but are not affiliated with, our Services.


The Services, including our offer wall, may link to third-party websites, online services, or mobile applications and/or contain advertisements from third parties that are not affiliated with us and which may link to other websites, services, or applications. Accordingly, we do not make any guarantee regarding any such third parties, and we will not be liable for any loss or damage caused by the use of such third-party websites, services, or applications. The inclusion of a link towards a third-party website, service, or application does not imply an endorsement by us. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions.


6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?


In Short: If you choose to register or log in to our Services using a social media account, we may have access to certain information about you.


Our Services offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform.


We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.


7. HOW LONG DO WE KEEP YOUR INFORMATION?


In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law.


We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.


When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.


8. HOW DO WE KEEP YOUR INFORMATION SAFE?


In Short: We aim to protect your personal information through a system of organisational and technical security measures.


We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.


9. WHAT ARE YOUR PRIVACY RIGHTS?


In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.


In some regions (like the EEA, UK, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.


We will consider and act upon any request in accordance with applicable data protection laws.

 

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.


If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.


Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below or updating your preferences.


However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.


Account Information


If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.


If you have questions or comments about your privacy rights, you may email us at 1024428@student.sae.edu.au.


10. CONTROLS FOR DO-NOT-TRACK FEATURES


Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.


11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?


In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.


California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.


If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).


CCPA Privacy Notice


The California Code of Regulations defines a 'resident' as:


(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose


All other individuals are defined as 'non-residents'.


If this definition of 'resident' applies to you, we must adhere to certain rights and obligations regarding your personal information.


What categories of personal information do we collect?


We have collected the following categories of personal information in the past twelve (12) months:


Category

Examples

Collected

A. Identifiers

Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name


YES


B. Personal information categories listed in the California Customer Records statute

Name, contact information, education, employment, employment history, and financial information


NO


C. Protected classification characteristics under California or federal law

Gender and date of birth


NO


D. Commercial information

Transaction information, purchase history, financial details, and payment information


NO


E. Biometric information

Fingerprints and voiceprints


NO


F. Internet or other similar network activity

Browsing history, search history, online behaviour, interest data, and interactions with our and other websites, applications, systems, and advertisements


NO


G. Geolocation data

Device location


NO


H. Audio, electronic, visual, thermal, olfactory, or similar information

Images and audio, video or call recordings created in connection with our business activities


NO


I. Professional or employment-related information

Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us


NO


J. Education Information

Student records and directory information


NO


K. Inferences drawn from other personal information

Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics


NO


L. Sensitive Personal Information



NO



We will use and retain the collected personal information as needed to provide the Services or for:

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

How do we use and share your personal information?


More information about our data collection and sharing practices can be found in this privacy notice.


You may contact us by email at 1024428@student.sae.edu.au, or by referring to the contact details at the bottom of this document.


If you are using an authorised agent to exercise your right to opt out we may deny a request if the authorised agent does not submit proof that they have been validly authorised to act on your behalf.


Will your information be shared with anyone else?


We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf, following the same strict privacy protection obligations mandated by the CCPA.


We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be 'selling' of your personal information.


Kittyklaw Games has not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Kittyklaw Games will not sell or share personal information in the future belonging to website visitors, users, and other consumers.


Your rights with respect to your personal data


Right to request deletion of the data — Request to delete


You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.


Right to be informed — Request to know


Depending on the circumstances, you have a right to know:

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.


Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights


We will not discriminate against you if you exercise your privacy rights.


Right to Limit Use and Disclosure of Sensitive Personal Information


We do not process consumer's sensitive personal information.


Verification process


Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.


We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.


Other privacy rights

To exercise these rights, you can contact us by email at 1024428@student.sae.edu.au, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.


12. DO VIRGINIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?


In Short: Yes, if you are a resident of Virginia, you may be granted specific rights regarding access to and use of your personal information.


Virginia CDPA Privacy Notice


Under the Virginia Consumer Data Protection Act (CDPA):


'Consumer' means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.


'Personal data' means any information that is linked or reasonably linkable to an identified or identifiable natural person. 'Personal data' does not include de-identified data or publicly available information.


'Sale of personal data' means the exchange of personal data for monetary consideration.


If this definition 'consumer' applies to you, we must adhere to certain rights and obligations regarding your personal data.


The information we collect, use, and disclose about you will vary depending on how you interact with Kittyklaw Games and our Services. To find out more, please visit the following links:

Your rights with respect to your personal data

Kittyklaw Games has not sold any personal data to third parties for business or commercial purposes. Kittyklaw Games will not sell personal data in the future belonging to website visitors, users, and other consumers.


Exercise your rights provided under the Virginia CDPA


More information about our data collection and sharing practices can be found in this privacy notice.


You may contact us by email at 1024428@student.sae.edu.au, by visiting http://www.google.com, or by referring to the contact details at the bottom of this document.


If you are using an authorised agent to exercise your rights, we may deny a request if the authorised agent does not submit proof that they have been validly authorised to act on your behalf.


Verification process


We may request that you provide additional information reasonably necessary to verify you and your consumer's request. If you submit the request through an authorised agent, we may need to collect additional information to verify your identity before processing your request.


Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.


Right to appeal


If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at 1024428@student.sae.edu.au. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal if denied, you may contact the Attorney General to submit a complaint.


13. DO WE MAKE UPDATES TO THIS NOTICE?


In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.


We may update this privacy notice from time to time. The updated version will be indicated by an updated 'Revised' date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.


14. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?


If you have questions or comments about this notice, you may email us at 1024428@student.sae.edu.au or by post to:


Kittyklaw Games

1

1, Queensland 1

Australia


15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?


You have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please visit: http://www.google.com.

This privacy policy was created using Termly's Privacy Policy Generator.


END USER LICENCE AGREEMENT


Last updated May 01, 2023




Vendetta for Hire is licensed to You (End-User) by Kittyklaw Games, located at 1, 1, __________ 1, Australia ('Licensor'), for use only under the terms of this Licence Agreement. Our VAT number is 123456789.


By downloading the Licensed Application from Google's software distribution platform ('Play Store'), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. Play Store is referred to in this Licence Agreement as 'Services'.


The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Kittyklaw Games, not the Services, is solely responsible for the Licensed Application and the content thereof.


This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Google Play Terms of Service ('Usage Rules'). Kittyklaw Games acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.


Vendetta for Hire when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. Vendetta for Hire is to be used on devices that operate with Google's operating system ('Android').



TABLE OF CONTENTS


1. THE APPLICATION

2. SCOPE OF LICENCE

3. TECHNICAL REQUIREMENTS

4. MAINTENANCE AND SUPPORT

5. USE OF DATA

6. USER-GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENCE

8. LIABILITY

9. WARRANTY

10. PRODUCT CLAIMS

11. LEGAL COMPLIANCE

12. CONTACT INFORMATION

13. TERMINATION

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

15. INTELLECTUAL PROPERTY RIGHTS

16. APPLICABLE LAW

17. MISCELLANEOUS



1. THE APPLICATION


Vendetta for Hire ('Licensed Application') is a piece of software created to Provide a gaming experience — and customised for Android mobile devices ('Devices'). It is used to Serve as a video game.


The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).



2. SCOPE OF LICENCE


2.1  You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.


2.2  This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.


2.3  You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Kittyklaw Games's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.


2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Kittyklaw Games's prior written consent).


2.5  You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.


2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.


2.7  Licensor reserves the right to modify the terms and conditions of licensing.


2.8  Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.



3. TECHNICAL REQUIREMENTS


3.1  Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.


3.2  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.



4. MAINTENANCE AND SUPPORT


4.1  The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Play Store Overview for this Licensed Application.


4.2  Kittyklaw Games and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.



5. USE OF DATA


You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy, which can be found at the bottom of the Licensed Application.


You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.



6. USER-GENERATED CONTRIBUTIONS


The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:


1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this Licence Agreement, or any applicable law or regulation.


Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.



7. CONTRIBUTION LICENCE


You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).


By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.


We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.



8. LIABILITY


8.1  Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.



9. WARRANTY


9.1  Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.


9.2  No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Kittyklaw Games's sphere of influence that affect the executability of the Licensed Application.


9.3  You are required to inspect the Licensed Application immediately after installing it and notify Kittyklaw Games about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of seven (7) days after discovery.


9.4  If we confirm that the Licensed Application is defective, Kittyklaw Games reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.


9.5  In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.


9.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

   


10. PRODUCT CLAIMS


Kittyklaw Games and the End-User acknowledge that Kittyklaw Games, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:


(i) product liability claims;

   

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and


(iii) claims arising under consumer protection, privacy, or similar legislation.



11. LEGAL COMPLIANCE


You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.



12. CONTACT INFORMATION


For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

       

Kittyklaw Games

1

1, __________ 1

Australia

1024428@student.sae.edu.au



13. TERMINATION


The licence is valid until terminated by Kittyklaw Games or by You. Your rights under this licence will terminate automatically and without notice from Kittyklaw Games if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

      


14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY


Kittyklaw Games represents and warrants that Kittyklaw Games will comply with applicable third-party terms of agreement when using Licensed Application.


In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User Licence Agreement', Google's subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.



15. INTELLECTUAL PROPERTY RIGHTS


Kittyklaw Games and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Kittyklaw Games, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.



16. APPLICABLE LAW


This Licence Agreement is governed by the laws of Australia excluding its conflicts of law rules.



17. MISCELLANEOUS


17.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

               

17.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

This EULA was created using Termly's EULA Generator.