Terms of Service and End User License Agreement (“EULA”)
The following End User License Agreement (“EULA”) constitute an agreement between you and Tricky Tribe (“Tricky Tribe” or “us”). This EULA governs your use of Tricky Tribe Software and any and all related updates and upgrades of the Software. BY PRESSING “AGREE” OR DOWNLOADING TRICKY TRIBE SOFTWARE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by Tricky Tribe, such as mobile applications, downloadable games for personal computer, and games accessed by means of a browser or other online communication method.
Your use of Software license is subject to the terms and conditions set forth in this EULA. By installing the Software, you agree to be bound by the terms of this EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT INSTAL THE SOFTWARE.
This EULA governs different platforms and includes general provisions applicable for all users and EULA of specific platform, that you use. This EULA incorporates by reference the following terms:
(i) For iOS Platform/iOS users: Licensed Application End User License Agreement
(located online at https://www.apple.com/legal/itunes/appstore/dev/stdeula/) and App Store Terms and Conditions (located online at https://www.apple.com/legal/itunes/us/terms.html#APPS).
(ii) For Android/Google Play platform/Android users: Android Market “Terms of Service” (located online at https://play.google.com/store ) and the Android Market Business and Program Policies (located online at https://www.google.com/mobile/android/market-policies.html);
You acknowledge that the EULA is entered into by and between Tricky Tribe and not with Apple Inc., Google and Amazone.com, Inc. You however acknowledge that stated platform providers are third-party beneficiaries of this EULA and that they have the right (and is deemed to have accepted the right) to enforce this EULA. Tricky Tribe’s responsibility is limited to Software and to any content contained therein. You acknowledge that Apple, Google and Amazone.com, Inc. have no obligation whatsoever to furnish any maintenance and support services with respect to Software.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Tricky Tribe hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
NO GRANTING OF RIGHTS TO THIRD PARTIES. You may not grant rights to third parties with regards to this Software, namely you may not sell, assign, rent, lease, transfer, transport, lease, distribute, export, import or act as an intermediary or provide.
OWNERSHIP. Tricky Tribe’s Software, Website and all services are protected by applicable laws and treaties throughout the world. Tricky Tribe Software, Website and services may not be copied, distributed or reproduced in whole or in part, without prior written consent of Tricky Tribe. Tricky Tribe retains all right, title and interest in and to the Tricky Tribe’s Software, Website and services including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. All rights not expressly granted to you herein are reserved by Tricky Tribe.
In order to use the Software, You need to be at least 18 years. By downloading the Software you certify and represent that you are at least 18 years of age, or if under 18 years of age they are either an emancipated minor, or possess the legal consent of a parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under 18 years old, do not use Trick Tribe Software.
Tricky Tribe Software may include third party materials or service. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity and similar services. Tricky Tribe is not responsible for any such third party materials or services. These services and materials are subject to third party terms and conditions and they constitute and agreement between you and applicable third party service provider.
Tricky Tribe Software use the following third party technology: TextMesh Pro, Pool manager, protobuff.
Third party software is provided “as is” and all expressed or implied warranties are disclaimed.
Unless You have received prior written authorization from Tricky Tribe, You must not (i) commercially exploit the Tricky Tribe’s Software; (ii) resell, copy, transfer, distribute, display, translate, modify Software or make derivative works of the Software or any part thereof; (iii) make a copy of the Tricky Tribe’s software or any part thereof; (iv) redistribute, sublicense, rent, publish, perform, sell, assign, lease, market, transfer, or otherwise make Software available to third parties; (v) seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing use of any open sourced components included with the Software; (vi) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Software; (vii) remove or alter Tricky Tribe’s trademarks or logos or legal notices included in the Software or related assets, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (viii) copy or distribute text, pictures, music, barcodes, video, data, hyperlinks, displays or any other content provided by the Software; (ix) use Software in any manner not expressly allowed in the Terms.
You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Software, except to the extent explicitly permitted above.
Tricky Tribe Service may require an internet connection to access the Software. You acknowledge and agree that third party data transfer fees or/and wireless carrier fee may apply or when using Tricky Tribe Software. You are solely responsible for any costs You incur to access Tricky Tribe Software. Trick Tribe makes no guarantees that this Software is available in all geographic locations.
Tricky Tribe may allow you to create content, such as but not limited to gameplay maps, screenshots, video of your game play. You hereby grant Tricky Tribe exclusive, royalty free, perpetual, irrevocable, transferable rights and license to use your contribution for any purpose and for any way by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive all intellectual property rights to such content as well as any and all moral rights of paternity, publication, reputation, or attribution with respect to Tricky Tribe’s and other players’ use and enjoyment of such assets in connection with the Software. This license grant to Tricky Tribe, and the above waiver of any applicable moral rights, survives any termination of this EULA.
By installing, accessing or using Tricky Tribe Software, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
Tricky Tribe Software offers in-app purchases (within a price ranges of 0.99 EUR to 89.99 EUR) for the license of virtual goods to be used within Tricky Tribe Software. These virtual goods shall be deemed an integral part of the Software and are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis. You may use them only for non-commercial use. Virtual goods may be licensed for a fee using (i) real world money, (ii) third party virtual currency (iii) activation codes.
YOU AGREE AND ACKNOWLEDGE THAT TRICKY TRIBE IS NOT REQUIRED TO PROVIDE REFOUND FOR VIRTUAL GOODS AND THAT YOU WILL NOT RECEIVE ANY COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR NOT. THIS LIMITATION IS SUBJECT TO MANDATORY LEGISLATION.
TRICKY TRIBE SOFTWARE IS PROVIDED ON “AS IS” BASIS, WITHOUR WARRANTIES OF ANY KIND. TRICKY TRIBE DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
TRICKY TIRBE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW ABOVE EXCLUSTIONS OF WARRANTIES, THERFORE ABOVE EXCLUSTIONS APPLY TO THE FULLEST EXTEND PERMITTED BY LAW IN SUCH JURISDICTIONS.
IN NO EVENT WILL TRICKY TRIBE, ITS AFFELIATES, LICENSOR OR PARTNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIL DAMAGES, LOSS OF DATA, USE, PROFIT, GOODWILL, REPUTATION, PROPERTY, PERONAL INJURY OR EXPENSE OF ANY NATURE, COMPUTER MALFUNCTION ASIRING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. TRICY TRIBE’S LICENSORS AND PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
IN NO EVENT SHALL TRICKY TRIBE, ITS AFFILIATES, LICENSOR OR PARTNERS BE LIABLE FOR ALL DAMAGES EXCEED THE ACTUAL PRICE PAID BY YOU USE OF TRICKY TRIBE OR FIVE (5) EUROS, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATION OF LIABILIT, THERFORE THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTEND PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree to defend, indemnify, and hold harmless Tricky Tribe and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees and costs) that arise from your use or misuse of the Software, violation of these Terms or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Tricky Tribe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.
10.1. Entire Agreement. This EULA represents entire agreement concerning this license between Tricky Tribe and you and supersedes all prior agreements and representations between them.
10.2. Modifications. Tricky Tribe reserves the right, at its discretion, to change, modify, add or remove portions of this EULA or poste updated EULA. You will be deemed to have accepted such changes by continuing to use the Software
10.3. Severability. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
10.4. Term and Termination. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software. This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Tricky Tribe Services. Termination will not limit any of Tricky Tribe’s other rights or remedies at law or in equity.
This EULA is governed by and construed in accordance with the laws of United Kingdom without reference to its choice of law rules. Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be conducted in London, United Kingdom, or at your domicile’s competent courts, based on Tricky Tribe sole discretion.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT [email protected]
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT/AGREE BUTTON AND/OR CONTINUING TO INSTALL TRICY TRIBE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA AND GRANT TRICK TRIBE THE RIGHTS SET FORTH HEREIN.
©TrickyTribe (April, 2016)