For this End User License Agreement governs your use of the CARAMBOLICO LTD APPS (“Products”) and how we provide the EVPN Apps.
• By using our Apps, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Products.
• We may change, modify, add or delete these terms and conditions at any time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means.
• You must be 4 years of or older to install or to use the CARAMBOLICO LTD Apps. If you are at least 4 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the CARAMBOLICO LTD Apps for you.
• 3.1. Subject to your compliance with the terms and conditions of this EULA, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the CARAMBOLICO LTD Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
• 3.2. ACCEPTING THE LICENSE AGREEMENT BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLATION, ACTIVATION OR USE THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. If you do not agree to the terms and conditions of this EULA, do not install or use any CARAMBOLICO LTD App.
We may change, modify, add or delete these terms and conditions at any time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means.
• 3.3. Certain CARAMBOLICO LTD Apps on the Apple App Store and Google Play Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google). You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. The cancellation will take effect after the last day in the relevant subscription period.
Please note: Your free-trial subscription will automatically renew as a paid subscription unless auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple) or you cancel before the end of the trial period (Google).
• 4.1. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the CARAMBOLICO LTD Apps or use the CARAMBOLICO LTD Apps for the benefit of any third party. Unless expressly authorized by IAC or permitted under the applicable mobile platform terms, you are prohibited from making the CARAMBOLICO LTD Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the CARAMBOLICO LTD Apps, except to remove our CARAMBOLICO LTD Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any CARAMBOLICO LTD Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any CARAMBOLICO LTD Apps in any way. You do not have the right to and may not create derivative works of any CARAMBOLICO LTD Apps or any portions thereof. All modifications or enhancements to the CARAMBOLICO LTD Apps remain the sole property of IAC.
• 4.2. We reserve the right to add or remove features or functions to existing CARAMBOLICO LTD. When installed on your mobile device, the CARAMBOLICO LTD Apps periodically communicate with our servers. We may require the updating of the CARAMBOLICO LTD on your mobile device when we release a new version of the CARAMBOLICO LTD Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the CARAMBOLICO LTD Apps. You acknowledge and agree that any obligation we may have to support previous versions of the CARAMBOLICO LTD Apps may be ended upon the availability of updates, supplements or subsequent versions of the CARAMBOLICO LTD. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the CARAMBOLICO LTD Apps.
• 4.3. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the CARAMBOLICO LTD Apps. If you access an CARAMBOLICO LTD App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the CARAMBOLICO LTD from your device. Downloading, installing or using certain CARAMBOLICO LTD may be prohibited or restricted by your network provider and not all CARAMBOLICO LTD may work with your network provider or device.
• 4.4. Certain CARAMBOLICO LTD Apps are available for purchase from a mobile platform owner (e.g. Apple or Google) and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. Please review the mobile platform owner’s terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app (for example, the Apple App Store or the Google Play Store).
• 4.5. This EULA will terminate automatically if you fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, you must immediately uninstall the Product and destroy all copies of the Product in Your possession.
• THE APP AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
CARAMBOLICO LTD Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the CARAMBOLICO LTD Apps and any information you download or offer to share by means of an CARAMBOLICO LTD App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that CARAMBOLICO LTD shall not be liable for any unauthorized access to your mobile device or the app data thereon.
THE APP AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
• 5.1. The CARAMBOLICO LTD Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an CARAMBOLICO LTD App that includes third party services and third party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. CARAMBOLICO LTD Apps may provide access or links to Third Party Partner websites or resources. We have no control over such websites and resources, and you acknowledge and agree that CARAMBOLICO LTD is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource.
• 5.2. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through an CARAMBOLICO LTD App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an CARAMBOLICO LTD App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will we be liable in any way for any Content created by or originating with entities other than CARAMBOLICO LTD, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an CARAMBOLICO LTD App.
• You will indemnify and hold harmless CARAMBOLICO LTD and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the App or Content, your User Content, or your violation of these Terms.
• These Terms and any action related thereto will be governed by the laws of the Cyprus without regard to its conflict of laws provisions.
• 8.1. Agreement to Arbitrate
You and CARAMBOLICO LTD agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the App or Content (collectively, “ Disputes”) will be settled by binding arbitration, except that each party retains the right: to bring an individual action in small claims court and to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property.
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide CARAMBOLICO LTD with written notice of your desire to do so by at [email protected] within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide CARAMBOLICO LTD with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide CARAMBOLICO LTD with an Arbitration Opt-out Notice, will be the state and federal courts located in the Cyprus and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Unless you timely provide CARAMBOLICO LTD with an Arbitration Opt-out Notice, you acknowledge and agree that you and CARAMBOLICO LTD are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and CARAMBOLICO LTD otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
• If you have any questions about this EULA, please contact us by email or postal mail as follows:
• CARAMBOLICO LTD
• 12 Demostheni Severi, 6 floor, office/flat 601, 1080 Nicosia, Cyprus
• [email protected]