TERMS OF USE

TERMS OF USE

These Terms of Use (“Terms of Use”) set forth the legally binding terms of the agreement between UkaszDev (“UkaszDev,” “we” or “us”) and you (“User” or “ you”) as the end-user of all software games, apps and online services provided by UkaszDev, including use of the ukasz.com website available at www.ukasz.com and all linked pages owned and operated by UkaszDev (collectively, the “Products”).

BEFORE USING ANY OF THE PRODUCTS, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE. BY USING ANY PRODUCT YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE, WHICH INCLUDES THE SOFTWARE LICENSE AND LIMITATIONS OF LIABILITY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD CEASE USING THE PRODUCT AND UNINSTALL IT, IF APPLICABLE. IF YOU ARE A REPRESENTATIVE OF AN ENTITY, BY US­­­­ING THE PRODUCT, YOU ARE CERTIFYING THAT YOU ARE AUTHORIZED TO LEGALLY BIND THE ENTITY TO THESE TERMS OF USE.

We advise that you print and retain a copy of these Terms of Use. The current version of these Terms of Use will always be available for your review on our website at http://www.ukasz.com/terms-of-use.
Use of the Products is void where prohibited. By accepting these Terms of Use and using the Products, you represent and warrant that (a) you are at least 13-years-old and that if you are between 13-years and 18-years-old, your parent or legal guardian has reviewed and agrees to these Terms of Use and has permitted you to use the Products; (b) you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein; (c) you agree to comply with these Terms of Use; (d) you acknowledge the UkaszDev Screen Privacy Policy (www.http://ukasz.com/privacy-policy); (e) all registration information you submit is truthful and accurate; (f) you will maintain the accuracy of such registration information; (g) you will not permit any other individual to use your User account; and (h) your use of the Products does not violate any applicable law or regulation.
You acknowledge that we may update these Terms of Use from time to time, and you agree to be bound by any subsequent update to these Terms of Use. The most recent version of these Terms of Use can be found on our website at http://www.ukasz.com/terms-of-use. Though we will attempt to notify you of any material changes in the Terms of Use by posting a notice on our website or sending an email to your registered email address, it is your responsibility to check for updates to the Terms of Use and any such update shall be effective even if you do not receive notice of such update. If you do not consent to the updated Terms of Use, you can discontinue use of the Products. Your continued use of the Products will constitute acceptance of the updated Terms of Use.

1. USE OF PRODUCTS.

So long as you are in compliance with these Terms of Use and we have not terminated your right to use any Product as provided in Section 7, we hereby grant you a limited, non-sublicensable, non-transferable, non-exclusive, personal and revocable license to: (a) access and use the Products in accordance with these Terms of Use and any documentation we may provide related to such Products; and (b) if we make the Product available to object code format, to install one instance of such Product for your own use on your computer, mobile device or other similar platform.

2. USER RESTRICTIONS AND RESPONSIBILITIES RELATING TO USE OF THE PRODUCTS.

2.1 LEGAL USE OF PRODUCTS.

You shall not, either directly or indirectly, use the Products in a manner that is prohibited by any law or regulation, that violates any third-party rights or that facilitates the violation of any law, regulation or third-party rights, or that would disrupt any third-party use or enjoyment of any Products provided by UkaszDev.

2.2 RESTRICTIONS ON USE OF PRODUCTS.

You shall not: (a) copy, distribute, or disclose any part of the Products in any medium; (b) resell, sublicense, lease, time-share or otherwise make the Products available to any third party except as expressly permitted herein; (c) use the Products to send or store infringing or unlawful material or material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) modify, copy or create derivative works based on the Products; (e) reverse engineer, decompile, or disassemble the Products, except as expressly permitted by applicable law; (f) interfere with or disrupt the servers of networks that provide the Products, or take any other action that would interfere with the use of the Products by other users; (g) defeat or overcome any encryption technology or security measures used in the Products, or attempt to do so; (h) gain unauthorized access to any data stored, processed, received or transmitted by us; or (i) access the Products for the purpose of building a competitive Products or Products or copying its features or user interface.

2.3 USER CONTENT.

Certain Products may allow users to post images, video, feedback, comments, data, information and other content (“User Content”) to the Products. You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available on the Products, and you agree that we are only acting as a passive conduit for your online distribution and publication of any such User Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Products, is solely your responsibility. We are not responsible for any public display or misuse of your User Content. All User Content you provide to the Products continues to be owned by you, provided however that by providing us the User Content: (a) you grant us and our affiliates and assignees a nonexclusive, irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute, publish, adapt, modify and translate such User Content in any and all media for any purpose and (b) waive any moral rights you may have in such User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships or that may represent the invasion of privacy of another individual; (vii) contains any information or content that you know is not correct and current; (viii) which consists of any unauthorized advertising, promotional materials, spam, chain letters or any other form of solicitation; or (ix) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed to gain unauthorized access to any such equipment. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any third-party intellectual property rights, rights of publicity and privacy. You agree that you will not disguise, anonymize or hide your IP address or the source of any User Content that you may upload.
We take no responsibility and assume no liability for any User Content of other users that you may receive or gain access to through the Products. You understand and acknowledge that you may be exposed to User Content that is inaccurate, infringing, illegal, harmful, dangerous, offensive, indecent, or objectionable, and you agree that we shall not be liable for any damages you allege to incur as a result of such User Content.

2.4 USER ACCOUNTS.

You are responsible for all activities conducted under your User account. As used in these Terms of Use, references to your “account” include your login details and account for any social network or platform that you may allow our Products to interact with. You agree that: (a) you shall take all steps necessary to protect your login details and keep them secret; (b) you shall not give your login details to anyone else or allow anyone else to use your login details or account; (c) you shall not create more than one account per individual or platform to access the Products; or (d) sell or transfer an account or any part of an account, including any Virtual Items, or attempt to do so. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and using the Products and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise. You accept full responsibility for any use of your account by an unauthorized person (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result, whether such use is fraudulent or otherwise.

2.5 NON-USE OF ACCOUNT.

We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any Virtual Items (as defined below) associated with that account and no refund will be offered to you in relation to the same. You understand that if you delete your account, or if we delete your account in accordance with these Terms of Use, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in a Product and any Virtual Items associated with your account).

2.6 REGISTRATION INFORMATION.

You agree to keep any contact and other registration information provided to us up-to-date. You agree to not use any other’s person email address, social network account or other information to create an account. By providing us with your email address you consent to our using such email address to send you Product-related notices, including any notices required by law.

2.7 NO INFORMATION COLLECTION.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Products in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Products nor to use the communication systems provided by the Products for any commercial solicitation purposes. You agree not to use any portion of the Products as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.

3. VIRTUAL ITEMS.

3.1 VIRUTAL ITEMS.

The Products allow you to purchase virtual currencies (such as coins, gems and points) or items or services for use in the Products (“ Virtual Items”). You can purchase Virtual Items from us for actual money if you are at least 18-years-old. You may also receive Virtual Items for performing certain actions or services, or based on your progress in a game or other Program. You agree that any Virtual Items can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Items from us, and not from any third party. You do not own Virtual Items, but instead you purchase a limited personal revocable license to use them; any balance of Virtual Items does not reflect any stored value. We reserve the right to control, regulate, change or remove any Virtual Items, in our sole discretion, without any liability owing to you.

3.2 NO REFUNDS.

You agree that all sales by us to you of Virtual Items are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases. However, please note that when you purchase a license to use a Virtual Item from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. Without limiting any other provision of these Terms of Use, if we suspend or terminate your account for violation of these Terms of Use or for any other reason, you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.

4. OUR INTELLECTUAL PROPERTY.

4.1 OWNERSHIP OF INTELLECTUAL PROPERTY.

As between the parties, UkaszDev or its third-party providers shall retain all ownership rights in the Products and the technology, software, products, processes, algorithms, user interfaces and know-how related to the Products. No license, right or interest in any UkaszDev trademark, copyright, trade name or service mark is granted hereunder.

4.2 LICENSE OF FEEDBACK.

UkaszDev shall have a royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, worldwide, transferable, sub-licensable license to use, copy, modify, or distribute, including by incorporating into the Products, any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Products.

5. NO WARRANTIES.

5.1 NO WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS-IS” AND NEITHER UKASZDEV NOR ITS AFFILIATES OR SUPPLIERS MAKE, AND USER RECEIVES, NO WARRANTY (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE PRODUCTS OR ANY USE OF OR INABILITY TO USE THE PRODUCTS. UKASZDEV AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, CAPACITY, PERFORMANCE, TITLE, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. USER UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER UKASZDEV NOR ITS AFFILIATES OR SUPPLIERS WARRANT THAT THE PRODUCTS WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DATA OR VIRTUAL ITEMS IN THE PRODUCTS WILL NOT BE LOST OR DESTROYED, OR THAT ANY SOFTWARE ERRORS WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UKASZDEV, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR OTHER AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO A PORTION OF THE ABOVE EXCLUSION MAY NOT APPLY TO USER. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE PRODUCTS. THIS WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
NEITHER UKASZDEV NOR ITS AFFILIATES OR SUPPLIERS MAKES ANY REPRESENTATION THAT USE OF THE PRODUCTS IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES OR WHERE IT IS ILLEGAL OR PROHIBITED BY LAW.

5.2 NO WARRANTY AGAINST LOSS OF DATA.

Without limiting the generality of the foregoing disclaimers, User acknowledges that the Products are not designed to operate without error and that in no event will UkaszDev assume liability for any loss or corruption of User Content, Virtual Items, games progress or score or other data stored in the Products.

6. LIMITATION OF LIABILITY.

6.1 WAIVER OF CONSEQUENTIAL DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UKASZDEV OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE PRODUCTS, USER’S USE OF OR INABILITY TO USE THE PRODUCTS OR THESE TERMS OF USE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF UKASZDEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 LIMITATION ON DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UKASZDEV AND ITS AFFILIATES AND SUPPLIERS FURTHER DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THE PRODUCTS, USER’S USE OF OR INABILITY TO USE THE PRODUCTS OR THESE TERMS OF USE, INCLUDING ANY PERSONAL INJURY OR PROPERTY DAMAGE. USER’S USE OF THE PRODUCTS IS AT USER’S OWN DISCRETION AND RISK.
Some jurisdictions do not allow the limitation or exclusion of liability for personal injury, incidental or consequential damages or certain other types of damages, so some of the above limitations or exclusions may not apply to you. In such case, to the maximum extent permitted under applicable law, the entire liability of UkaszDev and its users, affiliates and suppliers for any damages whatsoever, whether arising under contract, tort or otherwise, arising under or related to the Products, User’s use or inability to use the Products or these Terms of Use shall be limited to the greater of (a) $100 or (b) the amount paid by User to UkaszDev in connection with the Products in the 180 days prior to the date the first claim arose.

6.3 NO EXCEPTIONS.

THE LIMITATIONS IN THIS SECTION 6 SHALL APPLY WHETHER OR NOT UKASZDEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. INDEMNIFICATION.

User agrees to indemnify, hold harmless, defend and release UkaszDev and its users, affiliates and suppliers, and their respective officers, directors, stockholders and agents, from any claims, losses, damages or liabilities, including attorney’s fees, arising out of (i) the use or misuse of the Products by User or anyone using User’s account(s), (ii) breach of these Terms of Use by User or anyone using User’s account(s), (iii) the violation of any applicable law or the rights of any other person or entity by User or anyone using User’s account(s) arising out of related to the Products or (iv) the infringement of any intellectual property or other right of any person or entity by User or anyone using User’s account(s). User agrees not to settle any such matter without the prior written consent of UkaszDev. UkaszDev reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

8. MODIFICATION AND TERMINATION.

8.1 MODIFICATION AND TERMINATION.

We reserve the right to withdraw or modify one or more of our Products (in whole or in part) from time to time, in our sole discretion, without liability to you. We reserve the right to terminate your use of the Products at any time, in our sole discretion with or without cause, and you should not place any reliance on your ability to continue to use the Products. In case of any termination, you must cease all use of the Products and UkaszDev may immediately restrict your access to the Products. As a result of such termination, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in a Product and any Virtual Items associated with your account)

8.2 TERM.

These Terms of Use shall commence on the date you first begin using the Products and shall continue until the date you close your account on the Products and cease all use of the Products.

8.3 SURVIVAL.

The provisions of Sections 2, 3, 4, 5, 6, 7, 8 and 9 shall survive termination of these Terms of Use.

9. GENERAL TERMS.

9.1 GOVERNMENT USERS.

If User is a federal government entity or is licensing the Products on behalf of such an entity, UkaszDev provides the Products and related technology, for ultimate federal government end use solely as follows: Government technical data and software rights related to the Products include only those rights customarily provided to the public as defined in these Terms of Use. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If greater rights are needed, a mutually acceptable written addendum specifically conveying such rights must be executed with these Terms of Use.

9.2 INDEPENDENT CONTRACTORS; THIRD-PARTY BENEFICIARIES.

The parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties is created hereby. There are no third-party beneficiaries to these Terms of Use.

9.3 ENTIRE AGREEMENT; AMENDMENT.

These Terms of Use represent the entire agreement of the parties hereto, and supersede all prior or contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Notwithstanding any language to the contrary therein, no terms stated in a purchase order or similar ordering document (other than a mutually executed document) shall be incorporated into these Terms of Use, and all such terms shall be void. These Terms of Use may not be modified except by UkaszDev as provided at the beginning of these Terms of Use or in writing signed by UkaszDev.

9.4 WAIVERS; REMEDIES.

No amendment or waiver of any provision of these Terms of Use shall be effective unless in writing and signed by User and UkaszDev. No failure or delay in exercising any right hereunder shall constitute a waiver of such right. Except as otherwise provided, remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

9.5 SEVERABILITY.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

9.6 ASSIGNMENT.

These Terms of Use will be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. Notwithstanding the above, User may not assign its rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of UkaszDev. Any assignment in violation of this Section shall be null and void. UkaszDev may assign these Terms of Use in its entirety, without consent of User, to any party, including to a successor in interest to the business of UkaszDev, whether by a merger, reorganization, asset sale or similar transaction.

9.7 GOVERNING LAW; VENUE.

These Terms of Use will be deemed to have been made in the State of California, and the provisions and conditions of these Terms of Use will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of laws principles thereof.

EXCEPT FOR ANY ACTIONS FOR PRELIMINARY EQUITABLE RELIEF, THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SAN FRANCISCO, CALIFORNIA. USER AND UKASZDEV CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.
We suggest you print out a copy of these Terms of Use for your records. Should you have any questions concerning these Terms of Use, you may contact UkaszDev at customerservice@ukasz.com.