月份：2021年4月

Privacy Policy
CandyBomb knows that you care about how your and your child’s personal information is used and shared, and we take your privacy seriously. By visiting the website or any other linked pages, features, content, or applications offered from time to time by Company in connection therewith (collectively, the “Services”), or using any of our Services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy. What Does This Privacy Policy Cover?

EXERCISING YOUR RIGHTS Applicable data protection laws give you certain rights regarding your personal information. You have the following options in relation to your personal information that was collected: Data Access and Portability. You can request copies of your personal information. Change or Correct Data. Where you cannot update data by yourself through your account, you have the right to ask to correct change, update or rectify your data. Data Retention and Deletion. The user data is generally retained for as long as your user profile is in existence or as it is needed to provide the relevant services. However, specific retention times can vary based on context of the processing performed. You have the right to ask to delete all or some of the personal data that is held about you. Restriction of Processing. Under certain circumstances, you may have the right to limit the ways in which your personal information is used. To exercise any of the rights described above, you can contact us through [contact form]. Please bear in mind that we ensure the above mentioned rights only with respect to the information that we physically access and store. When your personal information is processed automatically you may object to such processing in some circumstances. Where your personal information is processed for direct marketing purposes, you may ask to cease processing your data for these direct marketing purposes. In order to exercise your right please contact the third party services listed in the Section IV of this Privacy Policy to learn how you can object to processing your data. Most of them have clear instructions on their privacy pages, functional API or other options.

This Privacy Policy covers Company’s treatment of personally identifiable information (“Personal Information”) that Company gathers when you or your child accesses the Services and when you or your child use Company’s Services. This policy does not apply to the practices of companies that Company does not own or control, or to individuals that Company does not employ or manage.

If you are accessing the Service from within the European Union (EU) or you are an EU citizen, please review the and sections below for more information on how your personal data will be processed and the rights you have regarding this processing. How is children’s personal information treated?

Our mission is to constantly improve our App and provide you with new experiences. As part of this mission, we use your information for the following purposes: (a) To make our service available. We use information that you submit and information that is processed automatically to provide you with all requested services. (b) To improve, test and monitor the effectiveness of our App. We use information that is processed automatically to better understand user behavior and trends, detect potential outages and technical issues, to operate, protect, improve, and optimize our App. (c) To provide you with interest-based (behavioral) advertising or other targeted content. We may use information that is processed automaticallyfor marketing purposes (to show ads that may be of interest to you based on your preferences). We provide personalized content and information to you, which can include online ads or other forms of marketing. (d) To communicate with you. We use the information we have to communicate with you through newsletters, i.e. to send you marketing notifications, receive your feedback about our App experience, and let you know about our policies and terms. We also use your information to respond to you when you contact us. (e) To prevent fraud and spam, to enforce the law. We really want our App to be free of spam and fraudulent content so that you feel safe and free. We may use your information to prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities, protect our trademarks and enforce our Terms of Use. If any new purposes for processing your personal data arise we will let you know we start to process information on that other purpose by introducing the corresponding changes to this Privacy policy.

If you are a minor, you may not disclose Personal Information to us. Company only collects limited Personal Information about children (“Children’s Personal Information”) directly from the parent or guardian who has downloaded our mobile applications or registered on our website. If you are a minor, please do not send any Children’s Personal Information about yourself to us, other than what we request from your parent or guardian who registers for the Services. In the event that we learn that we have collected Children’s Personal Information directly from a minor, we will delete that information as quickly as possible. If you believe that a minor may have provided us Children’s Personal Information without parental involvement, please contact us at 17305427930@189.cn In this document “Personal Information” shall apply to personal information of individual Service users who are not student registrants. References to “Children’s Personal Information” shall only apply to personal information of student users of the Services. General references to “information” shall apply to all users. If you are a minor and your parent has signed up for the Service, you understand that your parent may be able to view all information within or associated with the account, including without limitation progress reports and usage data that tracks your performance on games, assessments and other tests available through the Services. What Personal Information Does Company Collect?
The information we gather from customers enables us to personalize and improve our services. We collect the following types of information from our customers: Information You Provide to Us: We receive and store any information you enter on our Services or provide to us in any other way. The types of Personal Information collected include your full name, email address, ZIP code, credit card and/or other payment information, Children’s Personal Information (which is limited to the child’s name and gender), IP address, browser and location information, username, password and any other information necessary for us to provide our services. We also offer users the ability to sign up for the Services using their existing Facebook or Google account. If you choose to sign up for the Services using one of these accounts, we will receive your full name from the service provider managing that account.

You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide is used for such purposes as answering questions, sending product updates, and communicating with you about Company’s products and services, including specials and new features. The Children’s Personal Information you provide shall only be used for creating your individual account (which will allow you to receive progress reports that include tracking your child’s performance and progress). You may modify or remove your Personal Information or Children’s Personal Information identified below at any time by logging into your account and accessing features to edit your profile and/or account information. You post any Content (as that term is defined in the Company’s ) on the Services at your own risk. We attempt to limit access to blogs, forums, and other mechanisms of sharing content by requiring your user profile and password to upload and share Content. We cannot, however, control the actions of you or others. If someone chooses to share their username and password, it is possible a minor might gain access to such forums and view or share Content.

Personal Information Collected Automatically We receive and store certain types of information whenever you interact with our Services or use our services. Company automatically receives and records information on our server logs from your browser including your IP address, cookie information, and the page you requested. Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Services and its components, similar to TV ratings that indicate how many people watched a particular show. Company only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Services so that we can make the Services appealing to as many customers as possible, and improve those Services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Services. We share this type of statistical data so that our partners also understand how often people use the Services, so that they, too, may provide you with an optimal online experience. Again, Company does not disclose aggregate information to a partner in a manner that would identify you personally.

Email Communications: We often receive a confirmation when you open an email from Company if your computer supports this type of program. Company uses this confirmation to help us make emails more interesting and helpful. When you receive email from Company, you can opt out of receiving further emails by following the included instructions to unsubscribe. Push Notifications: We may also send parents and teachers practice reminders through our mobile apps. These notifications are intended for grownups only and can only be requested through the parent/grownup sections of our mobile apps. You can opt-out from these notifications or modify the frequency of these notifications at any time through the app or device settings.

Cookies: Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. We use cookies to enhance visitors’ experiences, to learn more about their use of the Services and to improve quality. Company cookies do not collect Personal Information or Children’s Personal Information, and we do not combine the general information collected through cookies with other Personal Information or Children’s Personal Information to tell us who you are or what your screen name or email address is. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our website’s most attractive features. This Privacy Policy covers the use of cookies by Company and does not cover the use of cookies by any advertisers or third parties. We do not currently display third party advertisements on our Services or use third party cookies to track children users for advertising purposes.

Lawful Bases for Processing Personal Data: If you are an individual in the European Union (EU) or an EU citizen, we collect and process data about you only where we have legal bases for doing so under applicable EU laws. This means we collect and process your data only when: It is necessary for a legitimate interest (which is not overridden by your individual privacy interests), such as preventing fraud, improving the Services, and increasing the security of the Services and network infrastructure; You have consented to this collection and processing for a specific purpose; It is necessary to fulfil our contractual obligations; or It is necessary to comply with a legal obligation. Where we rely on your consent to process your personal data, you have the right to withdraw or decline consent at any time. If you wish to withdraw your consent, please contact us using the information in the section. Some examples of our legitimate interests and the data being processed include: Network and information security (password, IP address, Device ID) Customer Support and fraud prevention (name, email address) Improving our products and services (hardware information, activity logs) Where we rely on our legitimate interests to process your personal data, you have the right to object. More information on exercising this right can be found in the section below.

If you have any questions about or need further information concerning the legal basis on which we collect and use your personal data, please contact us at 17305427930@189.cn Will Company Share Any of the Personal Information it Receives? Your Personal Information and Children’s Personal Information is an integral part of our business. We neither rent nor sell your Personal Information or Children’s Personal Information to anyone. We share your Personal Information and Children’s only as described below. As explained below, we only share Children’s Personal Information associated with your account directly with you to report on your child’s performance using our Services. We never share that Children’s Personal Information with any third party. A child’s usage data (i.e. performance on tests, games, etc. available on the Services) is shared through aggregated, anonymous comparisons, but never in a way that could personally identify the child. In addition, we do not offer students chat rooms or community features that allow the sharing or posting of Children’s Personal Information in a public forum.

Below are categories of recipients of your personal information and some examples of the third-parties in that category. If you would like more information on any of these categories or specific recipients, please contact us at 17305427930@189.cn User Communication Ecommerce Analytics Again, please note that references to “Personal Information” only apply to personal information of individuals who are not students. Affiliated Businesses We Do Not Control: We anticipate that we may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through the website. In other situations, Company may provide services, or sell products jointly with affiliated businesses. These transactions or services may or may not be commercial in nature; we will not share your Children’s Personal Information in connection with any commercial third party transaction or service. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business.

External APIs: We employ APIs of other companies and people to perform tasks on our behalf and may need to share your information with them, including Personal Information or Children’s Personal Information, to provide products or services to you. Examples include sending billing receipts and weekly progress reports and providing user services. Unless we tell you differently, these companies do not have any right to use Personal Information or Children’s Personal Information we share with them beyond what is necessary to execute tasks at hand. We will also require that these companies agree to protect the security of the information we share with them. You hereby consent to our sharing of Personal Information and Children’s Personal Information for the above purposes. For any privacy inquiries related to how these companies may handle your information on our behalf, please use the contact information of StudyPad at the bottom of this page, and we will respond to all such inquiries. User profiles: Minors are not allowed to enter or upload User Submissions. If the registration process is completed correctly, no Children’s Personal Information will ever be displayed to any third party through a User Profile. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Users’ email addresses will not be directly revealed to other users by Company, except, when the user is “connected” to another user via a shared group membership, or an invitation, or if the user has chosen to include their email address in their User Profile.

Communication about the Services or in response to User Submissions: As part of the Services, you will receive from Company email and other communication relating to your child’s progress and use of the Services or User Submissions. You acknowledge and agree that by allowing your child to use the Services, and by posting such User Submissions, Company may send you email and other communication that it determines in its sole discretion relate to such activity and your User Submissions. Promotional Offers: We may send offers to you on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please unsubscribe using the instructions provided in the email, the account management tools on the website, or by sending an email with your request to 17305427930@189.cn

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Company, or substantially all of its assets were acquired, or in the unlikely event that Company goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Company may continue to use your Personal Information and Children’s Personal Information as set forth in this policy. Protection of Company and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and you will be able to prevent the sharing of this information.

International Data Transfers CandyBomb is primarily aimed at United States customers and is hosted and managed on servers located in the United States. If you choose to use our Services from any other country or regions in the world other than the United States, then you acknowledge that, for the purpose of providing the Services according to our Terms of Use contract, your personal data will be transferred to countries other than your home country, which may have less stringent rules for data protection. CandyBomb is committed to ensure the privacy and security of your data, and therefore we use secure AWS cloud infrastructure for processing and storing your data. At any point, you have the right to ask us to terminate your account and delete all your personal data, which we will comply within seven days of receiving the request. If you have any questions about our policy regarding international data transfers, please contact us at 17305427930@189.cn Is Personal Information About Me Secure?

Your Personal Information or Children’s Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information or Children’s Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account. Company endeavors to protect user information to ensure that user account information is kept private, however, Company cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. The website contains links to other sites. Company is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Services. Please be aware that whenever you voluntarily post information to public areas on the Services or any other public forums, such information can be accessed by the public. Data Retention

After you delete your personal data from our Services, we may not immediately delete residual copies from our active servers and may not immediately remove data from our backup systems for archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. We may also decline to honor this request in certain specific situations, such as if the data is necessary to comply with a legal obligation or to exercise/defend a legal claim.

Restrict Processing: You have the right to restrict how we process your personal data in certain circumstances. This is an alternative to requesting the deletion of your data. Rather than requesting we delete all of your personal data, you may request that we limit our uses of your personal data to specific purposes. You may wish to request we restrict our processing if you contest the accuracy of your personal data and we are working to verify this information, or if you want us to retain your personal data in connection to a legal claim but cease processing it. Data Portability: You have the right to obtain copies of your information in a structured, commonly used format so that you can move your data between our service and the services of others. We may request more information to confirm your identity before providing any personal data. Right to Object: You have the right to object to the processing of your personal data for direct marketing purposes or when our processing of your data is based on legitimate interests. You may request that we stop processing your personal data for direct marketing purposes. This is an absolute right and we cannot refuse this request. Beyond direct marketing, if you wish to exercise this right, you must give specific reasons as to why you object to our processing of your data, based on your particular situation. Even after receiving such a request, we may continue processing if it is necessary for the exercise/defense of a legal claim or if we can demonstrate a compelling legitimate ground for the processing.

We work in the cross-border area and provide our App to our Users around the world. We and third-party organizations that provide automatic data processing technologies for the App or our third-party advertising partners may transfer the automatically processed information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data processing that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as in your jurisdiction. This means that your personal information can be transferred to a third country, a territory or one or more specified sectors within that third country, or to the international organization where data protection and confidentiality regulations may not provide the same level of protection of a personal data as your country does. We try to make sure that the recipient of any personal data provides a proper protection of the personal data received, in accordance with the current legislation on the protection of such information. By using the App, you agree that we may transfer your personal data to any third country, a territory or one or more specified sectors within that third country, or to the international organization. For the purposes of data storage, we recourse to the services of the hosting organizations. We take your privacy seriously and, therefore, encrypt your personal data – if possible – before sending it to the hosting organizations for the purposes of its storage. Please note that we cooperate only with those hosting organizations that have passed our security and reliability check.

If any request made under this section is clearly unfounded or excessive, we may reject the request or require a reasonable fee to honor the request. If we decide to reject your request, we will inform you of the reasons for not taking action and provide information on other possible remedies. If we decide that a reasonable fee is necessary, we will promptly inform you and will comply with the request upon receipt of this fee. Contact for Individual Rights Requests Please use the below information when submitting a request to exercise any of the above rights. Please do not submit requests across multiple communication channels. We will make all efforts to respond to your request within a reasonable timeframe.

Terms of Use and End User License Agreement

Last updated: August 2019

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Freeplay Inc (“we,” “us” or “our”), concerning your access to and use of “Vibrator Strong Message” software application for mobile devices (the “App”). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.

All the documents that relate to the App are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you download, install or use the App.

It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE APP

In order to download, install, access or use the App, you must (a) be eighteen (18) years of age or older.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use, download, install, access the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

Parents and guardians must directly supervise any use of the App by minors.

Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.

You affirm that you are either more than eighteen 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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.

IV. GENERAL TERMS

The App is a mobile game that is developed for entertainment and educational purposes, it allows you to train your math skills. You can find the full performance list on the App’s page on itunes.apple.com.

The App is intended only for your personal non-commercial use. You shall use the App only for the purposes, mentioned above.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully.

VI. END USER LICENSE AGREEMENT

By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “License”).

You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App, you cannot sell pictures available in the App.

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Freeplay Inc and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

VII. PROHIBITED BEHAVIOUR

You agree not to use the App in any way that:

– is unlawful, illegal or unauthorized;

– is defamatory of any other person;

– infringes any copyright, database right or trademark of any other person;

– advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You shall not make the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.

Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.

Also we are not responsible for the way you use the App.

It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of the United States of America, and shall be submitted to the sole jurisdiction of the competent courts of New York, the United States of America.

VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY

In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access.

The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 11.0 or later.

We do not warrant that the App will be compatible with all hardware and software which you may use.

We make no warranty that your access to the App will be uninterrupted, timely or error-free.

You acknowledge the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.

The version of the App may be upgraded from time to time to add support for new functions and services.

We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.

You can discontinue using our Services at any time by choosing the relevant option in your iTunes Account Settings. If you decide not to use the App for any reason you should uninstall the App.

IX. CHARGES

The App is provided on the basis of subscription. When you download the App, you’ll have access to its major features for the period of three days (free trial period). After the free trial period expires, we will offer you to purchase an auto-renewing subscription on a regular basis.

When using the App, you can choose different subscription options. Current subscription price starts at $9.99/week. Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice.

Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. To learn more about the current terms of subscription please check the App’s page on itunes.apple.com.

Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your iTunes Account Settings at least 24 hours before the end of the current period. Payment will be charged to iTunes Account at confirmation of purchase. No cancellation of the current subscription is allowed during active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.

Certain content or services within the App may be available as an In-App Purchase.

You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.

X. THIRD PARTY WEBSITES AND RESOURCES

App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.

XIII. LEGAL COMPLIANCE

You must 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.

XIV. THIRD PARTY BENEFICIARY

You acknowledge and agree that Apple, and Apple’s subsidiaries are the third party beneficiaries of the present end-user license agreement, and that upon your acceptance of the terms and conditions of the present end-user license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this end-user license agreement as a third party beneficiary thereof.

XV. GOVERNING LAW AND CLAIMS

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA.

We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you choose to access or use the App from or in locations outside of the United States, you are responsible for:

a) ensuring that what you are doing in that country is legal; and

b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.

Any claims shall be exclusively decided by courts of competent jurisdiction in New York, the State of New York, USA and that applicable Federal law shall govern, without regard to choice of law principles.

If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XVI. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

XVI. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become illegal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVIII. CONTACT INFORMATIONWe reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us via our support form.