1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter — «Agreement») is a binding Agreement between Sunday Games (hereinafter — the «Company»), and any capable individual (hereinafter — the «User»), duly acceding to the READY SET CAT and Learn English with Rhymes (hereinafter — «Software»). By installing the Software on his personal computer or mobile device, the User is considered to have accepted the terms of this End-User License Agreement.
1.2. The Software is the entertaining PC, Mac, Android, iOS and WebGL application.
1.3. The Software is available for download at no charge, but the User may purchase supplementary services within the Software.
1.4. This Agreement is a public document. Its current edition is available thought this web page http://sunday-games.com/eula. The Company may amend this Agreement unilaterally. The use of the Software after such amendments are made shall be deemed its acceptance by the User.
1.5. The Company grants the User with the rights listed below provided that the User comply with all terms and conditions of this Agreement.
1.7. Any suggestions and complaints relating to the content and operation of the Software, violations of the rights and interests of third parties, the requirements of applicable legislation, may be sent via email to firstname.lastname@example.org
1.8. This Agreement shall be governed and construed in accordance with the legislation of the Great Britain without reference to principles of conflict of laws.
1.9. By consenting to the terms of this Agreement, the User confirms his legal capacity. If the User has not reached the legal age to make a valid agreement he cannot install or use the Software.
2. RIGHTS AND OBLIGATIONS OF THE USER
2.1. The User shall properly comply with the terms of this Agreement.
2.2. Subject to terms of this Agreement, the Company grants the User a limited, nonexclusive
and non-transferable license to use the Software solely for non-for-profit
2.3. The User shall not use the Software in any way that may infringe or violate the rights of Company or any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property rights. The User shall not use the Software for any purposes prohibited by the applicable legislation.
2.4. The User shall not directly or indirectly decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code of the Software, prepare derivatives works based on or otherwise modify the Software, copy, distribute, assign or otherwise transfer rights to the Software.
2.5. The User shall not use swear words, post or transmit any content that infringes any third party’s rights, contains hateful, defamatory or discriminatory content, depicts any unlawful act or otherwise violates current legislation.
3. RIGHTS AND OBLIGATIONS OF THE COMPANY
3.1. The Company may transfer rights and obligations under this Agreement to third parties for purposes of fulfillment of this Agreement without obtaining the consent of the User.
3.2. The Company is entitled to block the access to the Software or any of its services or otherwise stop the User from using any features of the Software in case of infringement of any obligation of the User. In such case, any sums paid by the User are not subject to refund.
3.3. The User hereby accepts to receive communication via email or mobile phone number specified while the registration, including for the purpose of receiving promotional messages.
4. GUARANTEES AND LIABILITY OF THE PARTIES
4.1. In case of violation of the rules provided in section 2 of this Agreement the User shall indemnify the Company’s harm caused by such actions.
4.2. Until proven otherwise, any action taken with User’s personal computer or mobile device shall be deemed committed by the User. In the case of unauthorized access to the User’s personal computer or mobile device the User shall immediately notify the Company.
4.3. THE SOFTWARE IS PROVIDED «AS IS», WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
5. LINKS TO THIRD PARTY WEBSITES
5.1. The Software may contain links or submit access to other websites (the linked websites). The linked websites are not under the control of the Company and the Company is not liable for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites.
6. FINAL PROVISIONS
6.1. If any dispute or controversy related to the implementation of this Agreement arises, the User and the Company will make efforts to resolve such disputes by negotiations. If the disputes are not settled by negotiation, the disputes shall be settled in the competent court of London, Great Britain at the location of the Company, in accordance with the laws of the Cyprus.
6.2. If any provision of this Agreement is for any reason held to be invalid or unenforceable, the other provisions 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 applicable law.
6.3. Failure to exercise, or any delay in exercising, of any right or remedy provided under this Agreement shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.