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About these Terms of Use
These Terms of Use (“Terms”) is a legal
agreement between you and Memo Dev Team (“Memo Dev
Team”, “we” or
“us”).
Your use of our Services is also subject to our Privacy Policy (which is
a part of the Terms) and our Cookie Policy(which is incorporated into
the ) which cover how we collect, use, share and store your personal
data.
By
downloading, installing, using or otherwise accessing the Services, you
agree to the Terms. If you do not agree to the Terms, please do not
download, install, use or otherwise access the Services. Use of the
Services is void where prohibited.
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Changes and Severability
We
reserve the right, at our discretion, to change, modify, add or remove
portions of the Terms at any time by posting the amended Terms. If there
is a material change, we may also provide additional notice within the
Services. Unless we state otherwise, the changes are effective
immediately upon posting. Each time you access our Services, the
Platform or 3rd Party Platform Games, the current version of the Terms
applies, and you agree that the changes apply to your continued use of
the Services.
If
you do not agree with any amendment to the Terms, your only remedy is to
cease use of our Services.
If
any portion of the Terms is deemed to be illegal or unenforceable, the
remainder of the Terms shall be unaffected and shall continue to be
fully valid, binding, and enforceable.
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Requirements To Use
By
installing, accessing or using our Services you confirm that you are at
least 13 years of age and have a full legal capacity to enter into this
agreement. In case you are between 16 and 18 years of age, you hereby
confirm, that your parent, or a legal guardian, or other representative
under the applicable law has reviewed and agrees to the Terms and allows
you to access and/or use our Services.
We
also reserve the right, in our sole discretion and at any time, to
discontinue or modify our Services or any part thereof or remove or edit
Content (as defined below), without prior notice either permanently or
temporarily, at which point your right to use those Services or any part
thereof will be automatically terminated or suspended.
The
transmission of information over wireless and wired networks is not
inherently secure. We use many tools to help to protect your personal
data against unauthorized access or disclosure, however, we may not
guarantee that your personal data or private communications will always
remain private when using our Services. You accept all responsibility
for such security risks and any damage that may result therefrom. It is
also your sole responsibility to use all reasonable and recommended
measures (such as complex passwords, etc.) in order to secure your
device from any unauthorized access.
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Ownership and License
Our
Services are comprised of works and intellectual property owned by Memo
Dev Team and/or its licensors, including, without limitation, games,
artwork, graphics, images, screen shots, text, sound, music, digitally
downloadable files, trademarks, logos, product and character names,
slogans, and the compilation of the foregoing (“Content”).
Under the Terms, we grant you a non-exclusive, personal, limited,
revocable and non-transferable license to use our Services, provided you
agree to comply with the Terms. The Content in our Services are for
gaming services and for your non-commercial enjoyment and entertainment.
Any other use, including modification, reproduction, uploading, posting,
transmission, or distribution in any form or by any means without our
prior written permission, is strictly prohibited.
You
are not granted any other right, title or interest in our Services or
any Content except as expressly provided herein. All other rights are
reserved.
Notwithstanding the Terms, the open source software is licensed to you
subject to the terms and conditions of the respective software license
agreements accompanying such open source software.
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Copyright
If
you believe that your intellectual property rights have been infringed,
you may contact us by emailing the following information to
[email protected]: (a) a description of the intellectual property
rights and an explanation as to how they have been infringed; (b) a
description of where the infringing material is located; (c) your
address and email address; (d) a statement by you, made under penalty of
perjury, that (i) you have a good-faith belief that the disputed use of
material in which you own intellectual property rights is not
authorized, and (ii) the information that you are providing is accurate,
correct, and that you are the owner of the intellectual property right,
or authorized to act on behalf of the owner of the intellectual property
right that is allegedly infringed; and (e) a physical or electronic
signature of the person authorized to act on behalf of the owner of the
intellectual property right that has allegedly been infringed.
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Links to Third Parties
Our
Services may feature advertisements from third party companies. Please
review our Privacy Policy which explains what information we share with
advertisers. We are not responsible for the availability of such
websites or resources of the third parties, and we are not responsible
or liable for any content, advertising, or services they provide.
Any
content, advertising or services by such third party are provided
following the terms of services and privacy policies to be found on the
website of the respective third party and, where applicable, you must
familiarize yourself and accept the terms of services and privacy
policies of such third party before using their services. Any separate
charges or obligations you incur in your dealings with these third
parties are your responsibility. Memo Dev Team is not liable for any
claim relating to any content, goods or services of third parties.
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Indemnification
TO
THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND,
INDEMNIFY AND HOLD Memo Dev Team, ITS DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND
ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR
EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING
FROM YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR ANY
KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THE TERMS, OR ANY
INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY
RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS.
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Warranty Disclaimer
THE
SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS
AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE
LAW, Memo Dev Team, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES,
LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE ONLINE
STORES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE,
QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
PERFORMANCE. WITHOUT LIMITATION, Memo Dev Team MAKES NO WARRANTY THAT
THE SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND
EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT,
ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT
PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM
YOUR USE OF OUR SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER
ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN
ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY
CONTENT.
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Limitations of Liability
UNDER NO CIRCUMSTANCES WILL Memo Dev Team OR ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS
OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR
PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO
MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE
USE OR INABILITY TO USE THE SERVICES, BREACH OF CONTRACT, UNAUTHORISED
ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD
PARTY, EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE
LIABILITY ARISING FROM THE TERMS OR RELATED TO YOUR USE OF THE SERVICES,
WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR
USING THE SERVICES UNDER THE TERMS DURING THE TWELVE MONTHS IMMEDIATELY
PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES AGREE THAT THE
LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THE
TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
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Governing Law
The
provisions of the Terms shall be governed by and construed in accordance
with the laws of the Republic of Belarus.
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Force Majeure
Neither you nor we will be liable for any failure to perform any
obligation under the Terms or to provide access to Services of that
failure is caused by the happening of any unforeseen event beyond your
or our reasonable control, including without limitation, war, terrorism,
riots, embargoes, Internet outages, network infrastructure failures,
natural disasters, fire, flood or act of God.
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Miscellaneous Terms
Entire Agreement. The Terms (including the Privacy
Policy and Cookie Policy) constitutes the entire agreement between you
and Memo Dev Team regarding the use of our Services and supersedes all
prior understandings.
Assignment. We can assign, subcontract or transfer the
Terms to a third party or an affiliate of Memo Dev Team if necessary for
the support of our Services, as part of any reorganization, change of
control, or for any other business reasons. You may not assign or
transfer your rights or obligations under the Terms to anyone without
first obtaining our written consent. Any attempt to assign without our
consent is void.
No Beneficiaries. The Terms governs the relationship
between you and us and does not create any rights for anyone else.
Notwithstanding the foregoing, in the event of a valid assignment or
transfer, the Terms shall be binding on and inure to the benefit of the
relevant party’s representatives, successors, and permitted
assigns.
No Right to Obligate the Other. The Terms does not
create a partnership, joint venture or similar relationship between the
parties, and neither party will have the power to obligate the other
party in any manner whatsoever.
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