END USER LICENSE AGREEMENT ISSUED BY PARABOLAGAMES (“PARABOLAGAMES”, or “we” or “us”) Last updated 3 December 2020
This EULA constitutes the entire agreement between PARABOLAGAMES and you in respect of the Game.
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The Game comprise copyright works of “PARABOLAGAMES” and/or its licensors. The Game is licensed, not sold. Your license confers no title or ownership in the Game. The Game is solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited.
1.1 All right, title, interest and ownership rights in the Game and any copyright, design right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Games are owned by, belong to and vest in PARABOLAGAMES or its licensors.
1.2 The Games may contain certain licensed materials. All trade marks are the property of their respective owners.
1.3 The owners are given credits in the game, which is required by the agreements with their licences.
2. LIMITED USE LICENSE
2.1 PARABOLAGAMES hereby grants a limited, non-exclusive right and license to download, install and use the Game for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. This EULA and your use of the Game do not give you any rights of ownership in any property whether tangible or intangible (including in any Virtual Item)
3. END USER OBLIGATIONS
3.1 You may use the Game for your own personal, non-commercial use as described in this EULA but you are not entitled to and must not do any of the following except to the extent expressly permitted by this EULA:
3.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Games or any part or interest in it to other parties in any way except where a Game expressly permits you to do so through sharing content in that Game on social media;
3.1.2 engage in any act that PARABOLAGAMES deems to be in conflict with the spirit or intent of the Game and/or the Online Service including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
3.2 attempt to gain unauthorised access to the Online Service or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by PARABOLAGAMES; or
3.3 use the Game for any illegal or immoral purposes.
4.1 This EULA and the licence granted by it are effective until terminated.
4.2 You may terminate this EULA at any time and for any reason by deleting and removing the Games from your device.
4.3 PARABOLAGAMES may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. PARABOLAGAMES may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from Game. PARABOLAGAMES reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULA. Following termination, you will no longer be permitted to use of the Game and you will be required to delete the Game from your device.
5. WARRANTY AND LIMITATION OF LIABILITY
5.1 PARABOLAGAMES WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
5.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
5.1.2 THE GAME (INCLUDING ANY VIRTUAL ITEMS) WILL BE OF SATISFACTORY QUALITY.
5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.2.1 THE GAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
5.2.2 PARABOLAGAMES ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
5.2.3 PARABOLAGAMES AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO $50;
5.2.4 PARABOLAGAMES AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE GAME AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE);
5.2.5 PARABOLAGAMES DOES NOT GUARANTEE THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, OR THAT THE GAME OR THE ONLINE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
5.2.6 YOU INSTALL AND USE THE GAME AT YOUR OWN RISK.
5.3 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY PARABOLAGAMES’S NEGLIGENCE.
6.1 In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
7. APPLICABLE LAW AND JURISDICTION
7.1 This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Turkey shall have exclusive jurisdiction to settle any dispute or claim.
8. ONLINE SERVICE
8.1 PARABOLAGAMES does not target the Game to users under 13 years of age. To use the Online Service (ads and game in purchase) you must be over the age of 13 years or have your parent’s or guardian’s explicit consent to do so on these terms. By using the Online Service you therefore confirm that you are over 13 years of age and, where you are between the ages of 13 and 17, you confirm that you have your parent’s or guardian’s consent (and that your parent or guardian has read and agreed to these terms).
8.2 You further agree that you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute PARABOLAGAMES or the Game.
8.3 You will cooperate fully with PARABOLAGAMES to investigate any suspected unlawful, fraudulent or improper activity.
8.4 If you feel that the behaviour of another user breaches this EULA then please let PARABOLAGAMES know by sending an email to parabolagames [at] gmail.com with details of the potential breach and/or the user responsible. PARABOLAGAMES will take reasonable steps to deal with any breach.
9. VIRTUAL ITEMS
9.1 As part of and to enhance your use and enjoyment of the Game you may be able to obtain additional features that form part of the experience of the Game (“Virtual Items”).
9.2 Virtual Items include:
9.2.1 SpinyHand, which ise used for crushing the spiny glass.
9.2.2 CandyHand, which ise used for crushing the candy glass.
9.3 Virtual Items are gameplay features of the Games, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Games only, in accordance with this EULA.
9.4 Purchases of Virtual Items are subject to this EULA and the terms of any third party app distribution platform through which your purchase is made. Purchases are made via Apple or Google not via PARABOLAGAMES. To the extent that this EULA conflicts with such agreement between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the third party app distribution platform shall prevail.
9.5 PARABOLAGAMES may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). PARABOLAGAMES shall have no liability to you or any third party in the event that PARABOLAGAMES exercises such rights.
9.6 When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
9.7 Please notify PARABOLAGAMES immediately if you dispute a transaction involving Virtual Items or believe that any transaction is unauthorised.
9.8 Your statutory rights are unaffected by this EULA.
10.1 Although PARABOLAGAMES is responsible for the advertisements that are placed in the CANDY GLASS MAZE, we do not control the specific content of those adverts. We do, however, have control over the general types of advertisements that are placed in the CANDY GLASS MAZE to ensure that it does not contain any inappropriate advertisements.
10.2 Please report any advert that you find offensive or inappropriate to parabolagames [at] gmail.com.
10.3 If you click on any advert you will be dealing with external companies responsible for that advert. PARABOLAGAMES does not control the actions of these companies or the content of their websites.
11. CONSUMER RIGHTS
11.1 These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law.
11.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
12. APPLE DEVELOPER TERMS
12.1 The following terms of this clause are the terms which PARABOLAGAMES is required by Apple to notify you of and obtain your consent in respect of using the iOS version of the Games (Apple iPad, iPhone and iPod etc.):
12.2 You and PARABOLAGAMES acknowledge that this EULA is concluded between you and PARABOLAGAMES only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that PARABOLAGAMES is solely responsible for the Games and the content thereof.
12.3 Subject to your compliance with all conditions of this EULA PARABOLAGAMES grants you a non-exclusive, personal, revocable, non-transferable license to use the Games on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support).
12.4 PARABOLAGAMES is solely responsible for providing support and maintenance for the Games. You and PARABOLAGAMES acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Games.
12.5 You acknowledge that PARABOLAGAMES, and not Apple, is responsible for addressing any claims you may have relating to the Games or your possession and/or use of the Games, including but not limited to:
12.5.1 product liability claims;
12.5.2 any claim that the Games fail to confirm to any applicable legal or regulatory requirement; and
12.5.3 claims arising under consumer protection or similar legislation.
12.6 You acknowledge that in the event of a third party claim that the Games or your possession and use of the Games infringes that third party’s intellectual property rights, then PARABOLAGAMES shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
12.7 You confirm that:
12.7.1 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
12.7.2 you are not listed on any US Government list of prohibited or restricted parties.
12.8 You acknowledge and agree that Apple are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
12.9 PARABOLAGAMES uses third party software and services provided in the Games (explained above). Use of the Games is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the Games. More information about this can be found in our Privacy and Data Policy.
13. INDEMNITY AND REMEDIES
13.1 You hereby indemnify (agree to compensate), defend and hold harmless PARABOLAGAMES and PARABOLAGAMES’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Game (which includes Virtual Items), and any negligent or improper use of your device, and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with PARABOLAGAMES in the defence of any such claim and PARABOLAGAMES reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
13.2 You further agree that the subject matter of this EULA is of a unique character with special value and that PARABOLAGAMES would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that PARABOLAGAMES shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as PARABOLAGAMES may otherwise have available to it under applicable laws.
13.3 PARABOLAGAMES’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
14. CHANGE TO THESE TERMS
14.1 We may update the terms of this EULA from time to time for any reason by posting the updated version HERE. Every time you launch the Game on your device you are deemed to have accepted the terms of the EULA in place at that time.
14.2 If you have any questions about these terms or our Services you may contact us by email at parabolagames [at] gmail.com.