TERMS OF SERVICE

APNAX Industries s.r.o.

Last updated May 23, 2018

These are the terms of service (the "Terms") of APNAX Industries s.r.o., a company incorporated in Czech Republic with company number 05664276, with its registered office at Plavská 11, 370 07 České Budějovice, Czech Republic, telephone number +420 773 221 017 and email address team@apnax.net (hereafter "APNAX", "us" or "we").

These Terms govern your legal relationshop between APNAX and you ("User" or "you") when you use any APNAX game such as Word Snack, Word Park (also known under translated names) or other future games (each a "App" or "Game" and together the "Apps" or "Games") including any updates to, or supplements or replacements for, these Apps. These apps may be accessed via web browser, social networking sites or via app platforms, like Apple's App Store, Google Play and others) (each a "Platform" and together the "Platforms").

To use our Apps, you must accept these Terms, so please read them carefully.

  1. WHEN YOU ARE ALLOWED TO USE OUR APPS
    1. To obtain the right to use our Apps and purchase virtual items ("Virtual Items") you represent that:
      1. you own the device that you are using to access and play each App and, if you purchase Virtual Items, that you are legally entitled to make such purchases using the payment functionality that is provided in the App;
      2. that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties;
      3. the information you provide to us is true and accurate and you will update such information when necessary;
      4. you have not previously been banned or blocked from using either any App or any Platform;
      5. you must have a valid account with a Platform (the "Platform Account") if you download any Apps from such Platform; and
      6. you will not:
        1. copy, sublet, lease license, loan, lend, sell, trade or otherwise deal with or exploit the Apps or any Virtual Items;
        2. with regard to the competitive functions of the Apps, use the Apps in any way that could be deemed dishonest or unfair in order to gain an advantage over other users.
        3. conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, data harvesting and data traffic sniffing) on or in relation to the Apps.
        4. use the Apps or any Virtual Items for any illegal activities;
        5. use the Apps or any Virtual Items to disseminate any information or materials that are obscene, violent, threatening, libelous, discriminatory or otherwise, in APNAX’s opinion, offensive;
        6. use the Apps or any Virtual Items to disseminate any information or materials that would infringe, or might infringe, any intellectual property rights, including those of APNAX.
        7. use the Apps or any Virtual Items to copy, store, host, transmit, send, use, publish or distribute any content which consists of (or is linked to) spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
        8. use the Apps in any way that causes, or may cause, damage to the Apps or impairment of the availability or accessibility of the Apps; or in any way which is unlawful, illegal, fraudulent or harmful (including any manner that harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party).
    2. You need to be over a certain age to use our Apps and our services. The minimum age varies depending on your country of origin. For information about the minimum age in your country, see below.

      Minimum age:

      16 years:France, Germany, Hungary, Lithuania, Luxemburg, Netherlands, Slovakia
      15 years:Finland
      14 years:Austria
      13 years:All other countries
  2. ACCEPTANCE OF THESE TERMS
    1. If you have a Platform Account and download a App from a Platform or if you participate in a App via browser, site or any other platform you are deemed to accept and agree to these Terms. If you do not agree to these Terms, do not download, use and/or otherwise participate in a App from APNAX as it is prohibited without accepting the Terms.
    2. You acknowledge that these Terms:
      1. apply from the date on which you first download one of our Apps;
      2. apply to your use of any of our Apps and to all Virtual Items and
      3. form a legally binding contract between you and APNAX, not with any Platform provider.
    3. APNAX may change these Terms at any time without notice. If you do not agree to the changes in the Terms, you must stop using the Apps. Your continued use of the Apps is deemed as indication of your acceptance of such changes in the Terms.
  3. PRIVACY POLICY
    1. The information, including personal data, that we collect about you and the ways in which we use it, your rights and other information about privacy are covered in our Privacy Policy on our website. Please see here: https://apnax.net/privacy
  4. LICENSE TO USE OUR APPS
    1. In consideration of your agreement to be bound by these Terms, we grant you a limited, non-exclusive, non-transferrable, revocable license to use the Apps for your personal, non-commercial purposes. You may only use the Apps on a device that you own or control and that is permitted by any applicable usage rules applied by your device's manufacturer or by the platform at which we have made the Apps available. Any use of the Apps in any other manner, including, without limitation, resale, transfer, modification or distribution of the Apps or text, pictures, music, video, data and other content associated with the Apps is prohibited.
    2. Except for your data (see Your Data section), we or our licensors own the intellectual property rights of the Apps and of the content of the Apps. Your right to such intellectual property right is limited to what is expressly stated in these Terms.
    3. These Terms are concluded only between you and us and not with your device's manufacturer or by the platform at which we have made the Apps available. Subject to the Terms, we are responsible for the Apps and the content thereof, and not such third parties.
  5. ADDITIONAL TERMS
    1. The Platform provider's terms and conditions also apply to your use of the Apps and your purchase of Virtual Items (the "Platform Terms"). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail to the extent the conflict relates to use of the Platform.
    2. In addition to the Platform Terms, further special terms and conditions also apply to your use of our Games, depending on how you access them.
  6. YOUR DATA
    1. In the following, "Your Data" means text, images, audio material, video material and other information that you submit to the Apps, for whatever purpose. Your Data does however not include your e-mail address, user ID or password.
    2. You agree that APNAX will not be liable for any of Your Data, including but not limited to errors in any of Your Data or any loss or damage incurred by use of Your Data.
    3. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute Your Data in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
    4. Your Data must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
  7. VIRTUAL ITEMS
    1. You can "purchase" or "earn" Virtual Items in our Apps. These virtual items may unlock certain features of an App, enhance the experience of the App or give you an advantage to quicker progress in those Apps.
    2. Virtual Items can be in the form of a "virtual currency", meaning virtual coins, points or other forms of virtual currencies that can be used within the Apps to purchase "virtual goods". These "virtual goods" are anything virtual that can be used or unlocked within the Apps.
    3. To obtain such Virtual Items in our Apps you can purchase them for real money or earn them via promotions, competitions or participating in the App itself.
    4. License to use Virtual Items:
      1. Virtual Items have no monetary value and are not redeemable or refundable once you have purchased them. Any virtual currency balance does not constitute to or reflect any real-world balance.
      2. Virtual Items are non-transferable and personal to you. You cannot trade Virtual Items in any way or sell them for real money to other players. The only exception to this is if APNAX offers its own trading function in its Apps.
      3. Your right to any Virtual Items you have paid for is limited to the Platform and edition of the Apps for which you have added the Premium Service. It does therefore not include other editions of the Apps or other applications made available by us or any other party on this or other Platforms.
      4. The Virtual Items purchased in-app will disappear if the game is deleted from the device. There is no way to retrieve Virtual Items that has been lost due to deletion of the application.
      5. The price payable by you for Virtual Items is indicated within the applicable App at the time you make a purchase.
      6. APNAX reserves the right to change the functionality, specifications and price for any Virtual Items at any time for any reason.
  8. LIMITED WARRANTIES
    1. We do not warrant the completeness or accuracy of the information published on the Apps; nor do we commit to ensuring that the Apps remains available or that the content on the Apps is kept up to date.
    2. The Apps are provided "as is" and you use the Apps at your own risk. To the fullest extent allowable under applicable law, we disclaim all warranties and conditions, whether express or implied, including any warranties or conditions that the Apps are merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the application by you is in compliance with laws applicable or that information transmitted in connection with the Apps will be successfully, accurately or securely transmitted.
    3. In the event of any failure of the Apps to conform to any applicable warranty, you may notify the platform from which you have downloaded the Apps (such as Apple), and, if applicable, it will refund the purchase price (if any) for the Apps to you and, to the maximum extent permitted by applicable law, it will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
  9. NO LIABILITY
    1. To the fullest extent allowable under applicable law, in no event shall we be liable to you with respect to use of the Apps; and be liable to you for any direct, indirect, special, incidental, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, the inability to use the Apps or device failure or malfunction.
    2. Your sole remedy is to cease use of the Apps. To the fullest extent allowable under applicable law, in no event (but subject to the maximum extent permitted by applicable law) shall the aggregate liability of us, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Apps exceed the compensation you have paid, if any, to us for access to or use of the Apps.
  10. INDEMNITY
    1. At our request, you agree to defend, indemnify, and hold harmless us, and our employees, contractors, officers, and directors from any and all claims, damages, costs, penalties and expenses (including attorney’s fees) that arise from your use or misuse of the Apps, violation of these Terms or violation of any rights of a third party.
    2. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate in asserting any available defences. In the event of any third party claim that the Apps or your possession and use of the Apps infringes that third party’s intellectual property right, we, not the platform at which you have downloaded the Apps, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  11. LIMITING YOUR ACCESS TO THE APPS
    1. If we believe that you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Apps, prohibiting you from accessing the Apps, blocking devices using your IP address from accessing the Apps, contacting your internet service provider to request that they block your access to the Apps and/or bringing court proceedings against you.
  12. THIRD PARTY BENEFICIARY
    1. Provided that you have downloaded the Apps from the Apple App Store, Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
  13. CHANGES
    1. We reserve the right to change or modify these Terms or any other policies referred to herein related to use of the Apps at any time and at our sole discretion by posting revisions on our website or in the Apps. Continued use of the Apps following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
  14. ASSIGNMENT
    1. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent.
    2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
  15. SEVERABILITY
    1. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  16. LAW AND JURISDICTION
    1. These Terms will be governed by and construed in accordance with Czech law, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of Czech Republic.
  17. CONTACT US
    1. The full name of our company is APNAX Industries s.r.o. and we are registered in Czech Republic (IČO: 05664276).
    2. You can contact us by e-mail to team@apnax.net
    3. Address: Plavská 11, 370 07 České Budějovice, Czech Republic