TERMS AND CONDITIONS OF LAVA GAMES
This Software License and Terms of Service Agreement (the “Agreement”) for the applications, the website at
lavagames.io and all other online properties and websites owned or operated by LAVA GAMES - FZCO, located at
DSO-IFZA-19411, IFZA Properties, Dubai, UAE (the “Service”) is a legal contract between the individual accepting
and agreeing to this Agreement (“you”) and applications. As used in this Agreement, “applications” means LAVA
GAMES - FZCO.
This Software License and Terms of Service Agreement (the "Agreement") for the LAVA GAMES - FZCO, the website at
lavagames.io, and all other online properties and websites owned or operated by LAVA GAMES - FZCO is a legal
contract between the individual accepting and agreeing to this Agreement ("you") and LAVA GAMES - FZCO.
Please read carefully the terms and conditions of this agreement. By clicking the “install” button to initiate the
installation of the applications software, you acknowledge that you have read, understood, and agree to be bound
by all of the terms and conditions of this agreement including the requirement of binding arbitration for all
legal disputes. If you do not agree to all of the terms and conditions of this agreement, click the “i decline”
button and the applications software will not be installed on your device. If you do not agree to this agreement,
you must destroy, return or delete all copies of the applications software in your possession.
By clicking the “Install” button or by otherwise registering for, accessing or using the Service, you represent
and warrant that you are Eligible (as defined below) and have not been previously suspended or removed from the
Service by applications.
AS PROVIDED IN GREATER DETAIL IN THIS AGREEMENT (AND WITHOUT LIMITING THE EXPRESS LANGUAGE OF THIS AGREEMENT), YOU
ACKNOWLEDGE THE FOLLOWING:
- the Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement;
- the use of the Service may be subject to separate third party terms of service and fees, including, without
limitation, your mobile network operator’s or Internet provider’s terms of service and fees, including fees
charged for data usage and overage, which are your sole responsibility;
- you consent to the collection, use and disclosure of your personally identifiable information in accordance
- we provide the applications Software to you on an “as is” basis without warranties of any kind and Live
Backgrounds & Backgrounds’s liability to you is limited;
- disputes arising between you and applications will be resolved by binding arbitration. By accepting this
Agreement, as provided in greater detail in Section 15 below, you and applications are each waiving the right to
a trial by jury or to participate in a class action;
- if you post any User Content that is prohibited by this Agreement, then we may—but have no obligation to—take
any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances,
such as, without limitation, suspending or terminating your account, removing your User Content, and/or
reporting you to law enforcement authorities, either directly or indirectly.
Free and Subscription Service. You may choose whether to use the free Service or the subscription-based or
Premium Service (the “Paid Service”). If you choose to use the free Service, applications may deliver
third-party advertisements (“Advertisements”) to you. If you choose to use the Paid Service, applications will
not deliver any Advertisements to you.
Eligibility. The service is not available to persons who are not eligible or to any users previously
suspended, terminated or removed from the service by applications. “Eligible” means, with respect to the Paid
Service, 18 years of age or older, and with respect to the free Service, 16 years of age or older. By
downloading, using or accessing the Service, you represent and warrant that you are Eligible or have the
permission of a parent or guardian to use the Service. Notwithstanding the foregoing, if you are under 16 years
of age, then you must not use or access the service at any time or in any manner.
Backgrounds & Backgrounds’s collection, use, and disclosure of your personal information.
MODIFICATION OF THIS AGREEMENT
Applications reserves the right, at our discretion, to make non-material changes to this Agreement at any time.
Please check this Agreement and any guidelines notified to you by applications periodically for changes. In the
event that a change to this Agreement materially modifies your rights or obligations, we will make reasonable
efforts to notify you at least 30 days in advance of the effective date of such change. We may provide notice
through a pop-up or banner within the Service, by sending an email to any address you may have used to pay for the
applications Software Paid Service, or through other reasonable means. If you do not agree to the changed
Agreement you must discontinue your use of the Service. If you are a user of the applications Software Paid
Service and you elect to discontinue use of the Service due to a material change in this Agreement, we will
provide you with a refund as described in Section 9 below. All other changes are effective upon publication of the
User Content Generally. Certain features of the Service, such as the applications Software Help Desk, may
permit users to post content, including messages, reviews, data, text, and other materials (collectively, “User
Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that
you may hold in the User Content that you post to the Service.
Limited License Grant to applications. By posting or publishing User Content, you grant applications a
worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license (with the right to sublicense)
to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in
part, in any media formats and through any media channels (now known or hereafter developed) without any
compensation paid to you.
User Content Representations and Warranties. You are solely responsible for your User Content and the
consequences of posting or publishing User Content. By posting and publishing User Content, you affirm,
represent, and warrant that: (A) You are the creator and owner of, or have the necessary licenses, rights,
consents, and permissions to use and to authorize applications and users of the Service to use and distribute
your User Content as necessary to exercise the licenses granted by you in this Section 4 and in the manner
contemplated by applications and this Agreement; and (B) your User Content, and the use thereof as contemplated
herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right; or (ii) slander, defame, or libel any third party.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users of
the Service post or publish, and will not be in any way responsible or liable for User Content. applications
may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our
sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service,
you will be exposed to User Content from a variety of sources and acknowledge that User Content may be
inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against applications with respect to User Content. To the
fullest extent permitted by law, we expressly disclaim any and all liability in connection with User Content. If
notified by a user of the Service or content owner that User Content allegedly does not conform to this
Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User
Content, which we reserve the right to do at any time and without notice. For clarity, applications does not
permit copyright-infringing activities on the Service.
THE APPLICATIONS SOFTWARE
Applications Software License. The Service, including the applications Software, is licensed, not sold, to you.
Subject to the terms and conditions set forth in this Agreement, applications grants you a limited, revocable,
nonexclusive, personal, nontransferable license during the term of this Agreement to install and use one (1)
copy of the provided version of the applications Software in object code format, to access the Service for
internal and personal purposes only. The applications Software is “in use” on a Device for purposes of this
paragraph when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g.,
hard disk, CD-ROM or other storage device) of a Device.
Applications Software License Restrictions. You may not (and may not allow a third party to) rent, lease,
sublicense, sell, assign, loan, use for timesharing or service bureau purposes or otherwise transfer the
applications software or any of your rights and obligations under this agreement. You may not (and may not allow
a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover
any source code, underlying ideas, underlying user interface techniques or algorithms of the applications
Software by any means whatsoever, except to the extent that such restriction is expressly prohibited by
applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to
circumvent any use restrictions; (d) modify or adapt the applications Software, merge the applications Software
into another program or create derivative works based on the applications Software; or (e) use, copy or
distribute the applications Software without applications’s written authorization, except that you may make one
(1) copy of the applications Software for archival or backup purposes only.
Content Restrictions. You may not (and may not allow a third party to) copy, reproduce, capture, store,
retransmit, distribute, or burn to cd (or any other format) any copyrighted content that you access or receive
while using the applications software or the service. You assume all risk and liability for any such prohibited
use of copyrighted content.
Recurring Payments for Paid Service using applications Software.When you purchase a subscription to
applications’s Paid Service in connection with your use of the applications Software, applications will
automatically renew your subscription to the Paid Service at the end of its initial term and at the end of each
term thereafter. The renewal term will be for the same period of time as the initial term. This period of time
is known as the Subscription Period. At the conclusion of each subscription term, you will automatically be
billed for the applications Paid Service for a renewal subscription term lasting a period of time equal to the
Subscription Period. The applications Paid Service fee is non-refundable except as expressly set forth in this
Agreement. Taxes may apply on the subscription fee. You agree to pay for the subscription that you select for
the Paid Service and you authorize us to automatically charge the payment method our service provider has on
file for your recurring payments. If the payment mechanism (such as a credit card) we have on file for you is
declined for payment of your Paid Service subscription fee, we may retry the payment mechanism at the same or
lower rate. If we do not obtain payment, your Paid Service subscription will be canceled. If you provide us with
a new form of payment and are successfully charged within 30 days after the renewal date, your new Paid Service
subscription term will be based on the original renewal date and not the date of the successful charge. If your
Paid Service is terminated, you may be entitled to a refund, subject to limitations provided in Section 9 of
this Agreement. You are responsible to canceling your subscription regardless of whether you receive any notice
from applications about the renewal of that subscription. In the event that your payment mechanism expires prior
to the renewal date of your subscription, you are responsible for updating a new payment mechanism in your
applications account before the renewal date of your subscription to the Paid Service. To the fullest extent
permitted by law, applications makes no representations or warranties about the continued availability of any
particular form of payment method made available for use with the Service. Several methods of cancelling the
automatic renewal of your applications Paid Service subscription are available to you, and are described at the
website https://support.apple.com/en-us/ . Once you have cancelled your automatic renewal, recurring
subscription fees for applications Paid Service fees will no longer be charged to the payment method we have on
file for your account, and your subscription will remain active only until the end of the term for which you
have fully paid the applications Paid Service fee. Unless you notify us before a charge that you want to cancel
or do not want to auto renew, you understand your paid service subscription will automatically renew
periodically and you authorize us to collect the then-applicable paid service subscription fee plus any
applicable taxes, using any payment method we have on record for you. applications currently uses third-party
payment processors for electronic commerce. Our third-party e-commerce payment processor accepts payments
through methods detailed on the applicable payment screen, which may include various credit cards. By using such
third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge
fees to process payments. We may, but are not required to, pay certain fees at our sole discretion. To the
fullest extent permitted by law, applications disclaims all liability with regard to any fees or problems you
have with third-party payment processors.
Availability. You may use the applications Software solely to access the Service. A computer or other equipment
enabled to access the Internet (a “Device”) is required to utilize the Service. You are solely responsible for
ensuring that your Device is sufficient and compatible for use with the Service. The speed and quality of the
Service may vary and the Service is subject to unavailability, including emergencies, third party service
failures, transmission, equipment or network problems or limitations, interference, signal strength, and
maintenance and repair, and may be interrupted, refused, limited or curtailed.
Denial of Access; applications reserves the right to modify or discontinue the Service at any time without
notice. If you are a user of the Paid Service, you may be entitled to a refund as described in Section 9 below.
applications may deny access to the Service without any prior notice if you breach this Agreement, and may
terminate your use of the Service as described in Section 9 below. You shall not allow any third party to access
the Service from your Device.
Trusted Publisher. As part of the Service, applications may install its own certificate on your Device as a
Trusted Publisher (as defined by your Internet browser). applications reserves the right to make future installs
or updates to such certificates on your Device in connection with providing the Service at any time without
BY USING THE applications SOFTWARE OR THE SERVICE YOU AGREE NOT TO:
Use the applications Software or the Service for any fraudulent, harassing or abusive purpose, or so as to
damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person;
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service, the applications or
any Materials (as defined in Section 10, below);
Delete the copyright or other proprietary rights on the applications Software or the Service;
Use the applications Software or the Service for any illegal purpose, or in violation of any local, state,
national, or international law;
Use the Service or the applications Software for any commercial use, it being understood that the applications
Software and the Service is for personal, non-commercial use only;
Use the applications Software or the Service if you are not Eligible;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the applications
Software or the Service, features that prevent or restrict use or copying of the applications Software, or
features that enforce limitations on the use of the Service;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or the
applications Software or any part thereof, except to the extent that such restriction is expressly prohibited by
Modify, adapt, translate or create derivative works based upon the applications Software or the Service or any
Intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise
disseminating viruses, adware, spyware, worms, or other malicious code.
Advertisements. If you are using the free Service, applications may deliver third-party Advertisements. You
hereby acknowledge and consent that applications may deliver third party Advertisements to overlay a page or as
an interstitial. applications reserves the right to prevent your access to the Service or continued use thereof
if you violate this Agreement, engage in fraud or copyright infringement, or employ an ad-blocking product or
other software or mechanism that prevents you from participating in advertising programs, surveys, or other
activities that involve delivery of Advertisements or other monetization of the Service. applications does not
endorse any information, materials, products, or services contained in or accessible through Advertisements.
Accordingly, your correspondence or business dealings with, or participation in promotions of, advertisers found
on or through the Service are solely between you and such advertiser. ACCESS AND USE OF ADVERTISEMENTS,
INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH ADVERTISEMENTS SITES IS
SOLELY AT YOUR OWN RISK.
Third Party Policies. If You choose to access and use third-party websites, services or content, or purchase
products from third parties, including without limitation through third-party payment vendors while using the
Paid Service, or through Advertisements while using the free Service, your personal information may be available
to a third-party content provider. If you choose to visit or use any third-party products or services,
applications policies and this Agreement will not apply to your activities or any information you disclose while
using third-party products or services or otherwise interacting with third parties. How third parties handle and
use your personal information related to their sites and services is governed by their security, privacy and
other policies, if any, and not our policies. applications has no responsibility for any third party’s policies,
or any third party’s compliance with them.
TERMINATION, REFUNDS, TERMS OF SERVICE VIOLATIONS
Termination by applications. For users of the free Service, You agree that applications, in its sole discretion,
for any or no reason, and without penalty, may terminate your use of the Service or the applications Software at
any time, and that applications may also in its sole discretion and at any time discontinue providing access to
the Service, or any part thereof, with or without notice. You agree that any termination of your access to the
Service may be effected without prior notice and you agree that applications will not be liable to you or any
third party for any such termination. For users of the Paid Service, You agree that applications, in its sole
discretion, for any or no reason, may terminate your use of the Service or the applications Software at any
time, and that applications may also in its sole discretion and at any time discontinue providing access to the
Service, or any part thereof, with or without notice. If such termination or discontinuation occurs during a
period for which you are a paid subscriber to the Paid Service, You may be entitled to a pro-rated refund of
your current subscription payment amount in connection with your use of the Paid Service. If your account is
terminated due to your breach of this Agreement during the relevant cancelation period, you will not be eligible
for a refund. All refunds are issued at applications’s sole discretion and any request for refund may be denied
for any or no reason. You agree that any termination of your access to the Service may be effected without prior
notice and you agree that applications will not be liable to you or any third party for any such termination
beyond the refund described in this Section 9.1. If you have been terminated from the Paid Service and wish to
request a refund, please email customer service at [email protected] and describe the circumstances relating to
the termination or discontinuation of your use of the Service. Any suspected fraudulent, abusive or illegal
activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other
remedies applications may have at law or in equity.
Termination by You. You may terminate this Agreement at any time by discontinuing use of all parts of the
Service and certifying in writing to applications that all copies of the applications Software have been
destroyed or deleted from any of your Device or other storage devices.
OWNERSHIP, PROPRIETARY RIGHTS
The applications Software and the Service are owned and operated by applications and its partners. The visual
interfaces, graphics, design, compilation, information, computer code (including source code or object code),
products, software, services, and all other elements of the Service or the applications Software provided by
applications (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws,
international conventions, and all other relevant intellectual property and proprietary rights, and applicable
laws. All Materials contained on the applications Software or Service (excluding any Materials on third-party
websites) are the property of applications or its subsidiaries or affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names are proprietary to applications or its affiliates and/or
third-party licensors. Except as expressly authorized by applications, You agree not to sell, license, distribute,
copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or
otherwise make unauthorized use of the Materials. applications reserves all rights not expressly granted in this
To the fullest extent permitted by law, You agree to indemnify, save, and hold applications, its affiliated
companies, contractors, subcontractors, officers, directors, shareholders, employees, agents and its third-party
suppliers, licensors, and partners (the “applications Entities”) harmless from any claims, losses, damages,
liabilities, including legal fees and expenses, arising out of your misuse of the applications Software or
Service, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants
made by You herein. applications reserves the right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify the applications Entities, and you agree to cooperate with
applications’s defense of these claims. applications will use reasonable efforts to notify you of any such claim,
action, or proceeding upon becoming aware of it.
The applications Software and the Service may be subject to United States export controls. You may not export or
re-export the applications Software without: (a) the prior written consent of applications, (b) complying with any
applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, You may not
remove or export from the United States or allow the export or re-export of any part of the applications Software
or the Service in violation of any restrictions, laws or regulations of the United States Department of Commerce,
the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign
agency or authority. As defined in FAR section 2.101, the applications Software and the Service are “commercial
items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software”
and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212,
any use modification, reproduction, release, performance, display, or disclosure of such commercial software or
commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement
and will be prohibited except to the extent expressly permitted by this Agreement. The applications Software and
the Service may contain information that is controlled and restricted from export by the United States export
controls restrictions, regulations, and laws described above (the “Controlled Information”). If applications, in
its sole discretion, determines that it cannot implement the Service in a manner to exclude access to Controlled
Information where required, if you are in a country or territory that is subject to such regulation, you shall not
be provided access to the Service.
DISCLAIMERS, NO WARRANTIES
The following provisions of this section 13 apply to the fullest extent permitted by law:
No Warranties. applications and the applications entities disclaim all warranties, statutory, express or
implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose,
and non-infringement of proprietary rights. No information, whether oral or written, obtained by you from
applications or through the service will create any warranty not expressly stated herein. You expressly
acknowledge that as used in this section 13 the term applications includes the applications entities.
“As is” and “As available” and “With All Faults”. You expressly agree that use of the service and the
applications software is at your sole risk. The service, the applications software and any data, information,
third-party applications software, services, or applications made available in conjunction with or through the
service are provided on an “as is” and “as available”, “with all faults” basis and with no assurances that the
applications software or the service will withstand attempts to evade security mechanisms or that there will be
no cracks, bugs, disablements or other circumvention. applications and the applications entities do not warrant
that the service will be uninterrupted or free of errors, viruses or other harmful components and do not warrant
that any of the foregoing will be corrected. You understand and agree that you use, access, download the
applications software and otherwise obtain or transmit materials, data, or other content while using the service
at your own discretion and risk.
LIMITATION OF LIABILITY AND DAMAGES
The following provisions of this section 14 apply to the fullest extent permitted by law:
Limitation of Liability. Under no circumstances, including, but not limited to, negligence, will applications or
the applications entities be liable for any special, indirect, incidental, consequential, punitive, reliance, or
exemplary damages (including without limitation damages arising from any unsuccessful court action or legal
dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary
loss or damage of any nature whatsoever) arising out of or relating to this agreement or that result from your
use of or your inability to use the service or applications software, or any other interactions with
applications, even if applications or an applications authorized representative has been advised of the
possibility of such damages.
Limitation of Damages. In no event will the total liability of applications or its affiliates, contractors,
employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes
of action arising out of or relating to this agreement or your use of the service or the applications software
(whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any,
for accessing the applications software and the service during the twelve months immediately preceding the date
of the claim or twenty five united states dollars, whichever is greater.
Basis of the Bargain. You acknowledge and agree that applications has offered the applications software and the
service, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the
limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set
forth herein reflect a reasonable and fair allocation of risk between you and applications, and that the
warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain
between you and applications applications would not be able to provide the service or the applications software
to you on an economically reasonable basis without these limitations.
Consumer End Users (Outside of the USA). This Section 14.4 applies only if you reside and use the Service and
applications Software outside of the United States. (A) Warranties. The limitations or exclusions of warranties
and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a
person acquiring goods for solely personal use otherwise than in the course of business outside of the U.S.A.
The limitations or exclusions of warranties, remedies or liability contained in this Agreement apply to you to
only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are
located. (B) Data Transfer. If You are accessing the Service from any region with laws or regulations governing
personal data collection, use, and disclosure, that differ from United States laws, please be advised that
through your continued use of the applications Software and the Service, which are governed by U.S. law and this
Agreement, you may be transferring your personal information to the United States and you consent to that
DISPUTE RESOLUTION AND ARBITRATION
1 Generally. In the interest of resolving disputes between you and applications in the most expedient and cost
effective manner, you and applications agree that any and all disputes arising out of or relating in any way to
this Agreement or your use of the Service shall be resolved by binding arbitration. Arbitration is more informal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more
limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the
same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited
to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort,
statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during
or after the termination of this Agreement. You understand and agree that, by entering into this agreement, you
and applications are each waiving the right to a trial by jury or to participate in a class action.
Notwithstanding Section 15.1, you and applications agree that nothing herein shall be deemed to waive, preclude,
or otherwise limit either of our right to (i) bring an inidual action in small claims court, (ii) pursue
enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii)
seek a temporary restraining order or preliminary injunctive relief in a court of law in aid of arbitration, or
(iv) to file suit in a court of law to address intellectual property infringement claims.
Notice. applications may provide you with notices, including those regarding changes to this Agreement, by
posting the notice through the Service. Notice will be deemed given twenty-four hours after posting.
Waiver. The failure of applications to exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective
only if in writing and signed by applications.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of
California, without giving effect to any principles of conflicts of law except payments disputes filed by
customer's domiciled in the European Community or Switzerland will be treated according to Swiss law.
Jurisdiction. You agree that in the event of a dispute that is not subject to arbitration pursuant to Section
15, or if Section 15 is found to be unenforceable, any action at law or in equity arising out of or relating in
any way to this Agreement or applications will be filed only in the state or federal courts located in the City
and County of San Francisco, California, and You hereby consent and submit to the personal and exclusive
jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable,
then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will
not affect the validity and enforceability of any remaining provisions.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by applications without restriction. Any assignment attempted to be made in violation
of this Agreement shall be void.
Survival. Upon termination or expiration of this Agreement for any reason, the following provisions will survive
such termination or expiration: Sections 4.2, 5.3, and 10 through 16.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of the terms
of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This Agreement constitutes the entire agreement between you and applications relating to the
subject matter herein and will not be modified except in writing, signed by both parties.
Time Limit for Claims. You and applications agree that any cause of action arising out of or related to the
service or software must commence within one (1) year after the cause of action accrues. Otherwise, such cause
of action is permanently barred.
Disclosures. The Service and applications Software set forth hereunder are offered by applications.
You may email applications at: [email protected]