TIGER ROAR Company
Limited, also referred to as “us/we/our” in this Terms Of Use are providers and
developers of products such as mobile applications and websites («Services») under the brand name TIGER ROAR.
This Agreement requires the use of arbitration on an individual basis
to resolve disputes, rather than jury trials or class actions, and also limits
the remedies available to you in the event of a dispute. This Terms of Service
(“Agreement”) sets forth the legally binding terms for your use of any
App (including any related services provided by TIGER ROAR). By using any App, you are accepting this Agreement and you
represent and warrant that you have the right, authority, and capacity to enter
into this Agreement. If you do not agree with all of the provisions of this
Agreement, please do not use any App. This Agreement is the final, complete and
exclusive agreement of you and TIGER ROAR with respect to
the subject matters hereof (including the Apps) and supersedes and merges all
prior discussions and agreements between the parties with respect to such
subject matters (including any prior End User License Agreements, Terms of
Service or Privacy Policy).
1.
License
Subject to the terms of this Agreement, TIGER ROAR grants you a non-transferable, non-exclusive, license to (a) use for
your personal use, and (b) copy, for the purpose of downloading, installing and
executing, the number of copies for which you are authorized by the download
site of each App on a mobile device that you own or control for your use (the “License”).
2.
3.
Certain Restrictions
The rights granted to you in this Agreement are
subject to the following restrictions: (a) you shall not license, sell, rent,
lease, transfer, assign, distribute, host, or otherwise commercially exploit
any App; (b) you shall not modify, translate, adapt, merge, make derivative
works of, disassemble, decompile, reverse compile or reverse engineer any part
of Apps, except to the extent the foregoing restrictions are expressly
prohibited by applicable law; (c) you shall not access any App in order to
build a similar or competitive service or application; (d) except as expressly
stated herein, no part of any App may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, or (e) you shall not remove or destroy any copyright notices or other
proprietary markings contained on or in any App. Any future release, update, or
other addition to functionality of any App (including in-App purchases,
additional levels, and gameplay enhancements) shall be subject to the terms of
this Agreement, unless otherwise provided in terms associated with such
addition. All copyright and other proprietary notices on any App content must
be retained on any copies.
4.
5.
Local Laws
You are solely responsible for compliance with
all applicable laws, including without limitation export and import
regulations.
6.
7.
Modification
TIGER ROAR reserves the right,
at any time, to modify, suspend, or discontinue the Apps or any part thereof
with or without notice. You agree that TIGER ROAR will not be liable to you or to any third party for any modification,
suspension, or discontinuance of any App or any part thereof.
8.
9.
Ownership
Apps provided to you are licensed to you and not
sold. TIGER ROAR (and its licensors, where applicable) own all right, title
and interest, including all related intellectual property rights, in and to all
Apps, excluding your User Content (defined below). This Agreement is not a sale
and does not convey to you any rights of ownership in or related to any App.
The TIGER ROAR name, logo, and the product names associated with the Apps
belong to TIGER ROAR (or its licensors, where applicable), and no right or
license is granted to use them by implication, estoppel or otherwise. TIGER ROAR (and its licensors, where applicable) reserve all rights not granted
in this Agreement.
10.
11. Advertisment
When you start or stop an App, it may display an
ad. During gameplay, banner and/or interstitial ads may be displayed.
12.
1.
User Content
“User Content” of a user means any and all content that such user
uploads, distributes, or otherwise provides via any App. You are solely
responsible for your User Content. You assume all risks associated with use of
your User Content, including any reliance on its accuracy, completeness or
usefulness by others, or any disclosure of your User Content that makes you or
any third party personally identifiable. You hereby represent and warrant that
your User Content does not violate the Acceptable Use Policy (defined below).
You may not state or imply that your User Content is in any way provided,
sponsored or endorsed by TIGER ROAR. TIGER ROAR is not obligated to backup any User Content and User Content may be
deleted at any time. You are solely responsible for creating backup copies of
your User Content if you desire.
2.
3.
License
By uploading, distributing, or otherwise using
your User Content with any App, you automatically grant, and you represent and
warrant that you have the right to grant, to TIGER ROAR an irrevocable, non-exclusive, royalty-free and fully paid, worldwide
license, with the right to grant sublicenses, to reproduce, distribute,
publicly display, publicly perform, prepare derivative works of, incorporate
into other works, and otherwise use your User Content, solely to display your
User Content on any App.
4.
5.
Feedback
If you provide TIGER ROAR any feedback or suggestions (“Feedback”), you hereby assign to TIGER ROAR all rights in the Feedback and agree that TIGER ROAR shall have the right to use such Feedback and related information in
any manner it deems appropriate. TIGER ROAR will treat any
Feedback you provide to TIGER ROAR as
non-confidential and non-proprietary. You agree that you will not submit to TIGER ROAR any information or ideas that you consider to be confidential or
proprietary.
6.
7.
Acceptable Use Policy
The following sets forth TIGER ROAR’s - “Acceptable Use
Policy”:
8.
9.
Enforcement
We reserve the right (but have no obligation) to
review any User Content in our sole discretion. We may remove or modify your
User Content at any time for any reason in our sole discretion with or without
notice to you.
10.
You must be at least 13 years old to access
and/or use our website or Games. If you are a minor over the age of 13, we
recommend seeking consent from a parent or legal guardian before accessing
and/or using our website or Games.
1.
This Agreement commences on the date you accept
this Agreement (as described in the preamble) and will remain in full force and
effect while you use the App, unless earlier terminated in accordance with this
Agreement.
2.
3.
Notwithstanding the foregoing, if you used any
App prior to the date you accepted this Agreement (as described in the
preamble), you hereby acknowledge and agree that this Agreement commences on
the date you first use any App (which ever is earlier and which may be prior to
the Agreement Version Date) and will remain in full force and effect while you
use any App, unless earlier terminated in accordance with this Agreement.
4.
5.
We may (a) suspend your rights to use any App,
and/or any related services or (b) terminate this Agreement, at any time for
any reason at our sole discretion with or without notice to you, including if
we in good faith believe you have violated the Acceptable Use Policy or any
other provision of this Agreement. Without limiting the foregoing, TIGER ROAR reserves the right to terminate its Agreement with any user who
repeatedly infringes third party copyright rights upon prompt notification to TIGER ROAR by the copyright owner or the copyright owner’s legal agent.
6.
7.
Upon termination of this Agreement, your right
to use the App will automatically terminate immediately. You understand that
any termination may involve deletion of your User Content associated therewith
from our live databases. TIGER ROAR will not have
any liability whatsoever to you for any termination of this Agreement,
including deletion of your User Content. Even after this Agreement is
terminated, the following provisions of this Agreement will remain in effect:
Sections 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8, 9, and 10.
8.
You agree to defend, indemnify and hold harmless
TIGER ROAR (and its suppliers) from and against any claims, suits,
losses, damages, liabilities, costs, and expenses (including reasonable
attorneys’ fees) brought by third parties resulting from or relating to: (i)
your use of any App, (ii) your User Content, or (iii) your violation of this
Agreement. TIGER ROAR reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify TIGER ROAR and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written consent of
TIGER ROAR. TIGER ROAR will use
reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it.
1.
Application Stores
You acknowledge and agree that the availability
of the App is dependent on the third party from which you received App, e.g.,
the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and TIGER ROAR and not with the Application Store. The Application Store is not
responsible for the App, the content thereof, maintenance, support services,
and warranty therefor, and addressing any claims relating thereto (e.g.,
product liability, legal compliance, or intellectual property infringement).
You agree to pay all fees charged by the Application Store in connection with
App (if any). You agree to comply with, and your license to use App is
conditioned upon your compliance with, all applicable third party terms of
agreement (e.g., the Application Store’s terms and policies) when using App. You acknowledge that
the Application Store (and its subsidiaries) are third party beneficiaries of
this Agreement and will have the right to enforce this Agreement.
2.
3.
Third Party Services
TIGER ROAR may permit
certain third party applications (like leaderboards, game networks, ad
networks, third-party analytic software etc.) to take and (or) provide content
or any end user’s data through the App (“Third Party Services”). The App may be used to send content provided
by the Third Party Service between users who have the Third Party Service
installed on their device. When you do so, TIGER ROAR will share information with the Third Party Service as described in
the TIGER ROAR Privacy Policy. TIGER ROAR is not
responsible for and does not control Third Party Services. TIGER ROAR provides these Third Party Services only as a convenience to you. TIGER ROAR has no obligation to review or monitor, and does not approve,
endorse, or make any representations or warranties with respect to Third Party
Services. When you access a Third Party Service, the applicable third party’s terms and
policies apply, including the third party’s privacy policies. You should make whatever
investigation you feel necessary or appropriate before proceeding with any
transaction in connection with any Third Party Services.
4.
5.
Other Users
An App may contain User Content provided by
other users of the App. TIGER ROAR is not
responsible for and does not control User Content. TIGER ROAR has no obligation to review or monitor, and does not approve,
endorse, or make any representations or warranties with respect to User
Content. You use all User Content and interact with other users at your own
risk. Your interactions with other users are solely between you and the other
user and we are under no obligation to become involved. You agree that TIGER ROAR will not be responsible for any liability incurred as the result of
any such interactions.
6.
7.
Release
You hereby irrevocably and unconditionally
release and forever discharge TIGER ROAR (and its
suppliers) from any and all claims, demands, and rights of action, whether now
known or unknown, which relates to any interactions with, or act or omission
of, any Third Party Service, other Apps users, or Third Party Advertisers. IF
YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION
1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8.
1.
APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND BERESNEV.GAMES (AND ITS SUPPLIERS)
EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT. BERESNEV.GAMES (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY
APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE,
RELIABLE, COMPLETE, LEGAL, OR SAFE.
2.
3.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
4.
1.
IN NO EVENT SHALL BERESNEV.GAMES (OR ITS
SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING FROM OR RELATING TO THIS AGREEMENT OR BERESNEV.GAMES’ PRIVACY
PRACTICES, ANY APP, EVEN IF BERESNEV.GAMES HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, BERESNEV.GAMES’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM
OR RELATED TO THIS AGREEMENT OR BERESNEV.GAMES’ PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT YOU’VE PAID BERESNEV.GAMES IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT
SHALL BERESNEV.GAMES’ SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY
CONNECTED TO THIS AGREEMENT.
2.
3.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
4.
1.
You agree to pay all fees and applicable taxes
incurred by you or anyone making purchases through the App. All payments will
be processed through the Application Stores from which you originally
downloaded the App.
2.
3.
Some parts of the Service are billed on a
subscription basis (“Subscription(s)”). Subscription provides access to dynamic content or
services from within the App on an ongoing basis. Subscriptions may be
available at different fees chargeable for a set period specified in the App (“Subscription
Period”). Payment will be charged to Application Store account at
confirmation of purchase in accordance with the relevant Application Store
rules.
4.
5.
Subscription automatically renews unless
auto-renew is turned off or cancelled by You at least 24-hours before the end
of the current Subscription Period. Your Application Store Account will be
charged for renewal within 24-hours prior to the end of the current period, and
identify the cost of the renewal in accordance with the relevant Application
Store rules. Subscriptions may be managed by You according to Your Application
Store account Settings after purchase. No cancellation of the current
Subscription is allowed during active Subscription Period.
6.
7.
Trial period may be provided with respect to
certain Subscription. You may cancel a subscription during its free trial
period (if available) via the Subscription setting through Your Application
Store account. This must be done 24 hours before the end of the subscription
period to avoid being charged.
8.
9.
TIGER ROAR may revise the
pricing for the goods and services offered to you through the App at any time.
YOU ACKNOWLEDGE THAT TIGER ROAR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND
THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS
WHEN YOU CLOSE YOUR ACCOUNT OR WHEN YOU STOP TO USE THE APP.
10.
1.
Changes to this Agreement
This Agreement is subject to occasional
revision, and if we make any substantial changes, we may notify you by
prominently posting notice of the changes on our Site. Any changes to this
Agreement will be effective upon the earlier of thirty (30) calendar days
following our dispatch of an e-mail notice to you (if applicable) or thirty
(30) calendar days following our posting of notice of the changes on our Site
or (and) Social Medias. These changes will be effective immediately for new
users of our Apps. Continued use of our Apps following notice of such changes
shall indicate your acknowledgement of such changes and agreement to be bound
by the terms and conditions of such changes. The date on which the latest
update was made is indicated at the top of this document. We recommend that you
print a copy of this Agreement for your reference and revisit this webpage from
time to time to ensure you are aware of any changes.
2.
3.
Notice
Any notice provided to TIGER ROAR pursuant to this Agreement should be sent to: business@TIGER ROAR.online
4.
5.
Severability
If any provision of this Agreement is, for any
reason, held to be invalid or unenforceable, the other provisions of this
Agreement will be unimpaired and the invalid or unenforceable provision will be
deemed modified so that it is valid and enforceable to the maximum extent
permitted by law.
6.
7.
Entire Agreement
This Agreement is the final, complete and
exclusive agreement of you and TIGER ROAR with respect to
the subject matters hereof (including all Apps) and supersede and merge all
prior discussions and agreements between the parties with respect to such
subject matters (including any prior End User License Agreements and Terms of
Service or Privacy Policy). Our failure to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. The word including means including without
limitation. Your relationship to TIGER ROAR is that of an
independent contractor, and neither party is an agent or partner of the other.
This Agreement, and your rights and obligations herein, may not be assigned by
you without TIGER ROAR’ prior written consent, and any attempted assignment in
violation of the foregoing will be null and void. TIGER ROAR may assign this Agreement in connection with a merger, acquisition,
reorganization or sale of all or substantially all of its assets, or other
operation of law, without your consent. The terms of this Agreement shall be
binding upon assignees.
8.
The following additional terms and conditions
apply to you if you are using an App from the Apple Application Store. To the
extent the other terms and conditions of this Agreement are less restrictive
than, or otherwise conflict with, the terms and conditions of this Section 10,
the more restrictive or conflicting terms and conditions in this Section 10
apply, but solely with respect to Apps from the Apple Application Store.
1.
Acknowledgement
TIGER ROAR and you
acknowledge that this Agreement is concluded between TIGER ROAR and you only, and not with Apple, and TIGER ROAR, not Apple, is solely responsible for App and the content thereof. To
the extent this Agreement provides for usage rules for App that are less
restrictive than the Usage Rules set forth for App in, or otherwise is in
conflict with, the Application Store Terms of Service, the more restrictive or
conflicting Apple term applies.
2.
3.
Scope of License
The license granted to you for App is limited to
a non-transferable license to use App on an iOS Product that you own or control
and as permitted by the Usage Rules set forth in the Application Store Terms of
Service.
4.
5.
Maintenance and Support
TIGER ROAR is solely
responsible for providing any maintenance and support services with respect to
App, as specified in this Agreement (if any), or as required under applicable
law. TIGER ROAR and you acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to App.
6.
7.
Warranty
TIGER ROAR is solely
responsible for any product warranties, whether express or implied by law, to
the extent not effectively disclaimed. In the event of any failure of App to
conform to any applicable warranty, you may notify Apple, and Apple may refund
the purchase price for App to you; and to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with
respect to App, and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be TIGER ROAR’ sole
responsibility.
8.
9.
Product Claims
TIGER ROAR and you
acknowledge that TIGER ROAR, not Apple, is responsible for addressing any claims of
you or any third party relating to App or your possession and/or use of App,
including, but not limited to: (i) product liability claims; (ii) any claim
that App fails to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection or similar legislation. This
Agreement does not limit TIGER ROAR’ liability to you beyond what is permitted by
applicable law.
10.
11. Intellectual Property Rights
TIGER ROAR and you
acknowledge that, in the event of any third party claim that App or your
possession and use of App infringes that third party’s intellectual property rights, TIGER ROAR, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property
infringement claim.
12.
13. Legal Compliance
You 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.
14.
15. Developer Name and Address
TIGER ROAR’ contact information for any end-user questions,
complaints or claims with respect to App is set forth in Section 9.2.
16.
17. Third Party Terms of Agreement
You must comply with applicable third party
terms of agreement when using App.
18.
19. Third Party Beneficiary
TIGER ROAR and you
acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of
this Agreement, and that, upon your acceptance of the terms and conditions of
this Agreement, Apple will have the right (and will be deemed to have accepted
the right) to enforce this Agreement against you as a third party beneficiary
thereof.
20.
If you have any questions or comments, please contact us at business@TIGER ROAR.online. Please also check our Privacy Policy :