Terms of Use
and End User License Agreement
Last updated: March 02, 2021
I. INTRODUCTION
These Terms of Use and End User License Agreement
(collectively, the “Agreement”) together with all the documents referred to in
it constitute a legally binding agreement made between you as a natural person
(“you”, “your” or “user”) and Tap2Play LLC (“we,” “us” or “our”), concerning
your access to and use of “Happy Printer” software application for
mobile devices (the “App”). The App’s title may vary in countries other than
the U.S. and is subject to change without specific notice.
All the documents that relate to the App are hereby
expressly incorporated herein by reference.
Please read this Agreement carefully before you
download, install or use the App.
It is important that you read and understand this
Agreement as by downloading, installing or using the App you indicate that you
have read, understood, agreed and accepted the Agreement which takes effect on
the date on which you download, install or use the App. By using the App you agree
to abide by this Agreement.
If you do not agree with (do not accept) this
Agreement, or if you do not agree at least with one of the provisions of this
Agreement, you are not authorized to, and you may not access, download, install
or use the App and you must promptly discontinue downloading, installing the
App and remove (delete) the App from any mobile device in your possession or
under your control.
II. CHANGES TO
THIS AGREEMENT
We reserve the right, at our sole discretion, to make
changes or modifications to this Agreement at any time and for any reason. We
will keep you informed about any changes by updating this Agreement and you
waive any right to receive specific notice of each such change. It is your
responsibility to periodically review this Agreement to stay informed of
updates. You will be subject to, and will be deemed to be aware of and to have
accepted, the changes in any revised Agreement by your continued use of the App
after the date such revised Agreement is posted.
III.
RESTRICTIONS ON WHO CAN USE THE APP
In order to download, install, access or use the App,
you must be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which
they reside (generally under the age of 18) must have the permission of, and be
directly supervised by their parent or guardian to use the App, so if you are
between the ages of thirteen (13) and seventeen (17) years and you wish to use,
download, install, access the App, before doing so you must: (a) assure and
confirm (if needed) that your parent or guardian have read and agree (get your
parent or guardian’s consent) to this Agreement prior to you using the App; (b)
have the power to enter a binding contract with us and not be barred from doing
so under any applicable laws.
Parents and guardians must directly supervise any use
of the App by minors.
Any person under the age of thirteen (13) years is not
permitted to download, install, access or use the App.
You affirm that you are either more than eighteen (18)
years of age, or an emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in this
Agreement, and to abide by and comply with this Agreement.
IV. GENERAL
TERMS
The App is a mobile game that is developed for
entertainment purposes only. You can find the full performance list on the
App’s page on itunes.apple.com.
The App is intended only for your
personal non-commercial use. You shall use the App only for the purposes
mentioned above.
V. PRIVACY
POLICY
Your privacy is very important to us. Accordingly, we
have developed the Privacy Policy in order for you to understand how we
process, use and store information including personal data. Access to the App
and use of the Services are subject to the Privacy Policy. By accessing the App
and by continuing to use the Services, you are deemed to have accepted the
Privacy Policy, and in particular, you are deemed to have acknowledged the ways
we process your information as well as appropriate legal grounds for processing
described in the Privacy Policy. We reserve the right to amend the Privacy
Policy from time to time. If you disagree with any part of the Privacy Policy,
you must immediately stop using the App and Services. Please read our Privacy Policy carefully.
VI. END USER
LICENSE AGREEMENT
By using the App, you undertake to respect our
intellectual rights (intellectual rights related to the App’s source code,
UI/UX design, content material, copyright and trademarks, hereinafter referred
to as the “Intellectual Property Rights”) as well as those owned by third
parties.
As long as you keep using the App, we grant you a
limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and
revocable right to access and use the App pursuant to this Agreement (the
“License”).
You may use our App solely for your
own non-commercial purposes. You are bound to respect the copyrighted material
within the App.
The source code, design and content, including
information, photographs, illustrations, artwork and other graphic materials,
sounds, music or video (hereinafter – the “works”) as well as names, logos and
trademarks (hereinafter – “means of individualization”) within the App are
protected by copyright laws and other relevant laws and/or international
treaties, and belong to us and/or our partners and/or contracted third parties,
as the case may be.
These works and means of individualization may not be
copied, reproduced, retransmitted, distributed, disseminated, sold, published,
broadcasted or circulated whether in whole or in part, unless expressly
permitted by us and/or our partners and/or contracted third parties, as the
case may be.
All rights, title and interest in and to the App and
its content, works and means of individualization as well as its
functionalities (1) are the exclusive property of Tap2Play LLC and/or our
partners and/or contracted third parties, (2) are protected by the applicable
international and national legal provisions, and (3) are under no circumstances
transferred (assigned) to you in full or in part within the context of the
license herewithin.
We will not hesitate to take legal action against any
unauthorized use of our trademarks, names or symbols to protect and restore our
rights. All rights not expressly granted herein are reserved. Other product and
company names mentioned herein may also be the trademarks of their respective owners.
Open Source
Software and Libraries incorporated into the App
·
Adjust SDK © 2012-2017 adjust GmbH, Facebook SDK for iOS © 2014-present, Facebook, Inc., GameAnalytics
SDK © 2020 Game Analytics, are subject to
the terms of the following MIT License:
Permission is hereby granted,
free of charge, to any person obtaining a copy of this software and associated
documentation files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use, copy, modify,
merge, publish, distribute, sublicense, and/or sell copies of the Software, and
to permit persons to whom the Software is furnished to do so, subject to the
following conditions:
The above copyright notice
and this permission notice shall be included in all copies or substantial
portions of the Software.
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 AUTHORS OR COPYRIGHT HOLDERS
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.
·
Firebase iOS SDK © Google, is subject to
the terms of the following Apache license:
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE,
REPRODUCTION, AND DISTRIBUTION
"License" shall
mean the terms and conditions for use, reproduction, and distribution as
defined by Sections 1 through 9 of this document.
"Licensor" shall
mean the copyright owner or entity authorized by the copyright owner that is
granting the License.
"Legal Entity"
shall mean the union of the acting entity and all other entities that control,
are controlled by, or are under common control with that entity. For the
purposes of this definition, "control" means (i) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or
"Your") shall mean an individual or Legal Entity exercising
permissions granted by this License.
"Source" form shall
mean the preferred form for making modifications, including but not limited to
software source code, documentation source, and configuration files.
"Object" form shall
mean any form resulting from mechanical transformation or translation of a
Source form, including but not limited to compiled object code, generated
documentation, and conversions to other media types.
"Work" shall mean
the work of authorship, whether in Source or Object form, made available under
the License, as indicated by a copyright notice that is included in or attached
to the work (an example is provided in the Appendix below).
"Derivative Works"
shall mean any work, whether in Source or Object form, that is based on (or
derived from) the Work and for which the editorial revisions, annotations,
elaborations, or other modifications represent, as a whole, an original work of
authorship. For the purposes of this License, Derivative Works shall not include
works that remain separable from, or merely link (or bind by name) to the
interfaces of, the Work and Derivative Works thereof.
"Contribution"
shall mean any work of authorship, including the original version of the Work
and any modifications or additions to that Work or Derivative Works thereof,
that is intentionally submitted to Licensor for inclusion in the Work by the
copyright owner or by an individual or Legal Entity authorized to submit on
behalf of the copyright owner. For the purposes of this definition,
"submitted" means any form of electronic, verbal, or written
communication sent to the Licensor or its representatives, including but not
limited to communication on electronic mailing lists, source code control
systems, and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but excluding
communication that is conspicuously marked or otherwise designated in writing
by the copyright owner as "Not a Contribution."
"Contributor" shall
mean Licensor and any individual or Legal Entity on behalf of whom a
Contribution has been received by Licensor and subsequently incorporated within
the Work.
2. Grant
of Copyright License. Subject to the terms and conditions of this License, each
Contributor hereby grants to You a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable copyright license to reproduce, prepare
Derivative Works of, publicly display, publicly perform, sublicense, and
distribute the Work and such Derivative Works in Source or Object form.
3. Grant of
Patent License. Subject to the terms and conditions of this License, each Contributor
hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
royalty-free, irrevocable (except as stated in this section) patent license to
make, have made, use, offer to sell, sell, import, and otherwise transfer the
Work, where such license applies only to those patent claims licensable by such
Contributor that are necessarily infringed by their Contribution(s) alone or by
combination of their Contribution(s) with the Work to which such
Contribution(s) was submitted. If You institute patent litigation against any
entity (including a cross-claim or counterclaim in a lawsuit) alleging that the
Work or a Contribution incorporated within the Work constitutes direct or
contributory patent infringement, then any patent licenses granted to You under
this License for that Work shall terminate as of the date such litigation is
filed.
4.
Redistribution. You may reproduce and distribute copies of the Work or Derivative Works
thereof in any medium, with or without modifications, and in Source or Object
form, provided that You meet the following conditions:
You must give any other
recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified
files to carry prominent notices stating that You changed the files; and
You must retain, in the
Source form of any Derivative Works that You distribute, all copyright, patent,
trademark, and attribution notices from the Source form of the Work, excluding
those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a
"NOTICE" text file as part of its distribution, then any Derivative
Works that You distribute must include a readable copy of the attribution
notices contained within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one of the following
places: within a NOTICE text file distributed as part of the Derivative Works;
within the Source form or documentation, if provided along with the Derivative
Works; or, within a display generated by the Derivative Works, if and wherever
such third-party notices normally appear. The contents of the NOTICE file are for
informational purposes only and do not modify the License. You may add Your own
attribution notices within Derivative Works that You distribute, alongside or
as an addendum to the NOTICE text from the Work, provided that such additional
attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide
additional or different license terms and conditions for use, reproduction, or
distribution of Your modifications, or for any such Derivative Works as a
whole, provided Your use, reproduction, and distribution of the Work otherwise
complies with the conditions stated in this License.
5.
Submission of Contributions. Unless You explicitly state otherwise, any Contribution
intentionally submitted for inclusion in the Work by You to the Licensor shall
be under the terms and conditions of this License, without any additional terms
or conditions. Notwithstanding the above, nothing herein shall supersede or
modify the terms of any separate license agreement you may have executed with
Licensor regarding such Contributions.
6.
Trademarks.
This License does not grant permission to use the trade names, trademarks,
service marks, or product names of the Licensor, except as required for reasonable
and customary use in describing the origin of the Work and reproducing the
content of the NOTICE file.
7.
Disclaimer of Warranty. Unless required by applicable law or agreed to in writing,
Licensor provides the Work (and each Contributor provides its Contributions) on
an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
either express or implied, including, without limitation, any warranties or
conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any risks
associated with Your exercise of permissions under this License.
8.
Limitation of Liability. In no event and under no legal theory, whether in tort
(including negligence), contract, or otherwise, unless required by applicable
law (such as deliberate and grossly negligent acts) or agreed to in writing,
shall any Contributor be liable to You for damages, including any direct,
indirect, special, incidental, or consequential damages of any character
arising as a result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages or
losses), even if such Contributor has been advised of the possibility of such
damages.
9.
Accepting Warranty or Additional Liability. While redistributing the Work or
Derivative Works thereof, You may choose to offer, and charge a fee for,
acceptance of support, warranty, indemnity, or other liability obligations
and/or rights consistent with this License. However, in accepting such
obligations, You may act only on Your own behalf and on Your sole
responsibility, not on behalf of any other Contributor, and only if You agree
to indemnify, defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason of your
accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
We emphasize that we do not endorse or promote any
software or content incorporated into the App.
VII. PROHIBITED
BEHAVIOUR
You agree not to use the App in any way that:
is unlawful, illegal or unauthorized;
is defamatory of any other person;
is obscene or offensive;
infringes any copyright, database right or trademark
of any other person;
advocates, promotes or assists any unlawful act such
as (by way of example only) copyright infringement or computer misuse.
You shall not make the App available to any third
parties. In addition, you shall not modify, translate into other languages,
reverse engineer, decompile, disassemble or otherwise create derivative works
from the App or any documentation concerning the App.
You shall not transfer, lend, rent, lease, distribute
the App, or use it for providing services to a third party, or grant any rights
to the App or any documentation concerning the App to a third party.
Misuse of any trademarks or any other content
displayed on the App is prohibited.
You shall not copy and/or duplicate and/or distribute
and/or publish and/or use any content in the App, directly or indirectly, by
way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use the
App or part thereof for malicious intentions.
Also we are not responsible for the way you use the
App.
It is clarified that we may adopt, against a user who
violated the present Agreement, any legal measures at our disposal pursuant to
the applicable laws.
All disputes arising from the usage of the App, shall
be governed by and construed in accordance with the laws of the United States
of America, and shall be submitted to the sole jurisdiction of the competent
courts of New York, the United States of America.
VIII.
AVAILABILITY OF THE APP, SECURITY AND ACCURACY
In order to use the App, you are required to have a
compatible mobile phone or tablet, and internet access.
The App is available for downloading and installing on
handheld compatible mobile devices running Apple iOS Operating System 13.0 with
minimum system requirements.
We do not warrant that the App will be compatible with
all hardware and software which you may use.
We make no warranty that your access to the App will
be uninterrupted, timely or error-free.
You acknowledge the App is provided via the internet
and mobile networks and so the quality and availability of the App may be
affected by factors outside our reasonable control.
The version of the App may be upgraded from time to
time to add support for new functions and services.
We may change or update the App and anything described
in it without noticing you. If the need arises, we may suspend access to the
App, or close it indefinitely.
You also warrant that any information that you submit
to us is true, accurate and complete, and you agree to keep it actual at all
times.
You can discontinue using our Services at any time by
choosing the relevant option in your iTunes Account Settings. If you decide not
to use the App for any reason you should uninstall the App.
IX. CHARGES
The App is provided on free basis. Once you download
the App, you’ll have access to its basic features.
Certain services/features within the App may be
available as an In-App Purchase.
You may be charged by your communications service
provider for downloading and/or accessing the App on your mobile phone or
tablet device, so you should check the terms of agreement with your operator.
This may include data roaming charges if you do this outside your home
territory. All these charges are solely your responsibility. If you do not pay
the bills related to your mobile phone or tablet device, then we assume that
you have the permission from the person that does it before incurring any of
these charges.
X. THIRD PARTY
WEBSITES AND RESOURCES
App may link you to other sites on the Internet and
contracted third parties to provide you certain services. We have no control
over and accept no responsibility for the content of any website or mobile
application to which a link from the App exists (unless we are the provider of
those linked websites or mobile applications). Such linked websites and mobile
applications are provided “as is” for your convenience only with no warranty,
express or implied, for the information provided within them.
You acknowledge sole responsibility for and assume all
risk arising from, your use of any third-party websites or resources.
If you have any queries, concerns or complaints about
such third-party websites or mobile applications (including, but not limited
to, queries, concerns or complaints relating to products, orders for products,
faulty products and refunds) you must direct them to the operator of that third
party website or mobile application.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES
SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION,
SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS
AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS
FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT
TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH
THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
XII. LIMITATION
OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY
TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE
APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES
FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR
LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR
INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE
APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT
LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL
ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.
XIII. LEGAL
COMPLIANCE
You must 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.
XIV. THIRD
PARTY BENEFICIARY
You acknowledge and agree that
Apple, and Apple’s subsidiaries are the third-party beneficiaries of the
present end-user license agreement, and that upon your acceptance of the terms
and conditions of the present end-user license agreement, Apple will have the
right (and will be deemed to have accepted the right) to enforce this end-user
license agreement as a third-party beneficiary thereof.
XV. GOVERNING
LAW AND CLAIMS
This Agreement shall be governed by and construed in
accordance with the laws of the State of New York, USA.
We make no representations that the App is appropriate
or available for use in other locations. Those who access or use the App from
other jurisdictions do so at their own volition and are responsible for
compliance with local law.
If you choose to access or use the App from or in
locations outside of the United States, you are responsible for:
a) ensuring that what you are doing in that country is
legal; and
b) the consequences and compliance by you with all
applicable laws, regulations, byelaws, codes of practice, licenses,
registrations, permits and authorizations.
Any claims shall be exclusively decided by courts of
competent jurisdiction in New York, New York, USA, and that applicable Federal
law shall govern, without regard to choice of law principles.
If you ever wish to seek any relief from us, you agree
to waive the ability to pursue class action.
If any controversy, allegation, or claim (including
any non-contractual claim) arises out of or relates to the App and the Services
provided by the App or this Agreement, then you and we agree to send a written
notice to each other providing a reasonable description of the dispute, along
with a proposed resolution of it. The notice shall be sent based on the most
recent contact information. For a period of sixty (60) days from the date of
receipt of notice from the other party, you and us will engage in a dialogue in
order to attempt to resolve the dispute, though nothing will require either you
or us to resolve the dispute on terms which either you or us, in each of our
sole discretion, are uncomfortable with.
XVI. CLAIMS REGARDING COPYRIGHT
INFRINGEMENT
If you are a copyright owner or an agent thereof and
believe that any materials accessible on or from the App infringe your copyright,
you may submit a notification by providing us with the following information in
writing:
a) Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a representative list of such
works;
b) Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit us to locate the material;
c) Information reasonably
sufficient to permit us to contact you, such as your name, address, telephone
number, and, if available, your email address;
d) A statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
e) A statement, under penalty of
perjury, that the information in the above notification is accurate and that
you are, or are authorized to act on behalf of, the owner of an exclusive right
that is allegedly infringed.
f) A physical or electronic
signature of the owner or a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
XVII.
TERMINATION
We reserve the right to terminate this Agreement at
any time at our sole discretion for any reason.
Upon any termination, (a) the rights and licenses
granted to you herein shall terminate; (b) you must cease all use of the App.
XVIII.
SEVERABILITY
If at any time any provision of this Agreement is or
becomes illegal, invalid or unenforceable in any respect, that provision shall
be read down to become legal, invalid or unenforceable or, if this is not
possible, deleted. The other terms of this Agreement shall continue to apply
with full force and effect.
You shall not assign or transfer or purport to assign
or transfer the contract between you and us to any other person.
XIX. CONTACT
INFORMATION
We
reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this
Agreement or the App, please contact us via our [support form].
Copyright © 2021 Tap2Play LLC.