A. AGREEMENT:

A. This End-User License Agreement (“EULA”) is a legal agreement between you and Publisher (“we”, “us” or “our”) which governs your use of the Publisher’s Apps. By installing or otherwise using the Publisher’s Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Publisher’s App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Publisher’s App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Publisher’s App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Publisher’s App shall constitute reasonable means. Your continued use of the Publisher’s Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Publisher’s Apps. Do not use the Publisher’s Apps until your questions and concerns have been answered in this document to your satisfaction and you agree to abide by the EULA.

NOTICE TO CONSUMERS: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.

Use of the Publisher’s Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Publisher’s Apps. The Publisher’s Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Publisher’s Apps if you download or install the Publisher’s Apps through such marketplaces.

B. AGE REQUIREMENT:

You must be 13 years of age or older to install or to use the Publisher’s Apps. In case You are under 13 years old, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Publisher’s Apps for you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an Publisher’s App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this EULA, do not let your child use the Publisher’s Apps or associated features.

C. GRANT OF LICENSE:

Subject to your compliance with the terms and conditions of this EULA, Publisher grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Publisher’s Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:

1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Publisher’s Apps or use the Publisher’s Apps for the benefit of any third party. Unless expressly authorized by Publisher or permitted under the applicable mobile platform terms, you are prohibited from making the Publisher’s Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Publisher’s Apps, except to remove Publisher’s Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Publisher’s Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Publisher’s Apps in any way. You do not have the right to and may not create derivative works of any Publisher’s Apps or any portions thereof. All modifications or enhancements to the Publisher’s Apps remain the sole property of Publisher.

2. Publisher’s Apps Updates. We reserve the right to add or remove features or functions to existing Publisher’s Apps. When installed on your mobile device, the Publisher’s Apps periodically communicate with our servers. We may require the updating of the Publisher’s Apps on your mobile device when we release a new version of the Publisher’s Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Publisher’s Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Publisher’s Apps may be ended upon the availability of updates, supplements or subsequent versions of the Publisher’s Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Publisher’s Apps.

3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Publisher’s Apps. If you access an Publisher’s App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Publisher’s Apps from your device. Downloading, installing or using certain Publisher’s Apps may be prohibited or restricted by your network provider and not all Publisher’s Apps may work with your network provider or device. Publisher makes no representation that the Publisher’s Apps can be accessed on all devices or wireless service plans. Publisher makes no representation that the Publisher’s Apps are available in all languages or that the Publisher’s Apps are appropriate or available for use in any particular location.

E. PUBLISHER’S APP FUNCTIONALITY:

Publisher’s Apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the “Publisher’s App Functions”). The Publisher’s App Functions are provided by Publisher and third party suppliers who offer content and/or services in conjunction with or through the Publisher’s Apps (the “Third Party Partners”). Publisher’s App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Publisher, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Publisher’s App.

F. THIRD-PARTY PARTNERS:

1.Third-Party Services and Content. The Publisher’s Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing a Publisher’s App that includes third party services and third party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. Publisher’s Apps may provide access or links to Third Party Partner websites or resources. Publisher has no control over such websites and resources, and you acknowledge and agree that Publisher is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Publisher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Publisher will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.

2. Access to Third-Party Services and Content through Publisher’s Apps. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through an Publisher’s App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an Publisher’s App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Publisher be liable in any way for any Content created by or originating with entities other than Publisher, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a Publisher App.

G. SECURITY:

Publisher’s Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Publisher’s Apps and any information you download or offer to share by means of a Publisher App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom.

H. REGISTRATION/PASSWORDS:

1.Registration. Most Publisher’s Apps will not require a registration: however, some Publisher’s Apps may permit or require you to create an account to participate or access additional features or functionalities (“Registration”). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner’s website for their policies.

2. Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.

3. Provided Information. If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Publisher’s App, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this EULA and in furtherance of your use of the Publisher’s App services, in accordance with the Privacy Policy located here.

I. UNINSTALL/REMOVAL OF AN PUBLISHER’S APP:

Uninstallation and removal methods vary depending on your device. To uninstall and remove the Publisher’s Apps, please use the application manager provided with your device or consult your device manual for reference.

J. CONSENT TO USE OF DATA:

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Publisher’s Apps. We may use this information in accordance with the Privacy Policy located here.

K. INTELLECTUAL PROPERTY:

The Publisher’s Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Publisher are Publisher’s property or the property of Publisher’s licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Publisher’s Apps. All rights not expressly granted hereunder are expressly reserved to Publisher and its licensors.

The Publisher’s names, logos and affiliated properties, are the exclusive property of Publisher or its affiliates. All other trademarks appearing on any Publisher’s App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Publisher App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.