This agreement is a legal agreement which is entered into between the person, company or organization that has licensed a software product, and Creative Toys. The Product must only be downloaded through an Apple software distribution platform and / or through a Google software distribution platform. "App Store" and "Google Play Store" are mentioned in this license as "Services". By installing and / or using any Product provided by the Licensor, you automatically confirm that you agree with the terms of this agreement and agree to be bound by the terms stated herein.
This EULA only applies to Products provided by the Licensor, regardless of whether any other software or platform is referred to or described herein.
Products transferred through the Services stated are licensed, not sold, to you for use that is restricted to the terms of this license. The App vendor reserves all the rights that are not expressly granted to you. The Product which is the subject to this license is referred to in this license as the "Licensed Application". The Licensed Application must only be used on devices that operate using Apple operating systems ("iOS" and "Mac OS") and / or the Google operating system ("Android"). The devices mentioned above are referred to in this license as "Devices". The App Store Terms and Conditions and the Google Play Terms of Service are referred to in this license as "Rules of Use".
b. Consenting to the use of your personal data: You agree that the application vendor may collect and use technical data and any related information, including, but not limited to, technical information about your device, system and application software and peripherals. This data will be gathered from time to time, to aid in providing software updates, products and other services to you (if any) related to the Licensed Application. The Application Provider may use this information, in a format that does not personally identify you, to improve its products or provide services or technologies.
c. Termination. The license will remain effective until terminated by You or the Application Provider. Your rights under this license will be terminated automatically and without any notice from the Application Provider if you fail to comply with any of the term(s) of this license. Upon termination of the license, you must stop using the Licensed Application and destroy all copies, whether complete or partial, of the Licensed Application.
d. Services; Third party materials. The Licensed Application does not grant access to the Application Provider and third party services and websites (collectively and individually, "Services"). You agree that any Services may contain proprietary content, information and materials protected by the applicable intellectual property laws and other laws, including, but not limited to, copyright, and that you may not use such proprietary content, information or materials in any way except for as permitted in your use of the Services. The services cannot be reproduced, whether in whole or in part, in any form or by any means. You agree not to modify, rent, lease, lend, sell, distribute or create derivative works based on the Services in any manner. You hereby commit to not exploiting the Services in any unauthorized manner, including, but not limited to, by hacking or overloading the capacity of the network. You commit to not using the Services to in any way harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. The Application Provider is in no way responsible for such use of its services by you. It will further not be held accountable for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of its services. The third-party services and materials that can be accessed, displayed, or linked from devices may not available in all languages or in all countries. The Application Provider does not declare that such Services and Materials are suitable or available for use in any particular location. You acknowledge that your choice to access these Services or Materials, and the extent to which you wish to do so, is based on your own initiative. You are therefore responsible for complying with any applicable laws, including but not limited to applicable local laws. The Application Provider and its licensors reserve the right to change, suspend, remove or disable access to any Service at any time, without prior notice. Under no circumstances will the Application Provider be held responsible for removing or disabling access to these Services. The Application Provider may also impose limits on the use of or access to certain Services, under any circumstances and without prior notice or incurring liability.
e. No warranty: You expressly acknowledge and agree that any use of the licensed application is at your own risk and that you assume any and all risk of the application not meeting satisfactory quality, performance, accuracy and effort standards. To the fullest extent permitted by the applicable laws, the licensed application and any services performed or provided by the licensed application ("services") are provided "as is" and "as available", including all failures and without providing a guarantee of any kind. The application provider shall not be held responsible for providing a guarantee or conditions of any kind with respect to the licensed application and any services, whether express, implied or statutory, including, but not limited to, the implied warranties and / or conditions of merchantability of fitness for a particular purpose, specific purpose, accuracy, quiet enjoyment and non-infringement of third party rights. The application vendor does not guarantee that your use of the licensed application will be undisturbed, that the functions contained within it or services performed or provided by the licensed application meet your requirements, that the licensed application or services will operate uninterruptedly or that they will be error-free, or that implications of any previously mentioned circumstance within the application or licensed services will be corrected. No oral or written information or guidance provided by the application vendor or its authorized representative shall be considered to constitute a warranty of any kind. If the licensed application or services is/are defective, you commit to assuming the full cost of any and all necessary maintenance, repair, or corrections. Some jurisdictions do not allow the exclusion of implied warranties or limitations on a consumer's applicable statutory rights; therefore, the above exclusions and limitations may not apply to you.
f. Limitation of Liability. To the extent not prohibited by law, under no circumstances will the application vendor be liable for personal injury or any incidental, special, indirect or consequential damages, including, but not limited to, loss of profit, loss of data, disruption of business or any other commercial damages or losses arising from or related to your use or inability to use the licensed application. This shall be the case regardless of the theory of liability (contract, wrongdoing or any other reason) and of the application provider having been advised of the possibility of such damage occurring. Some jurisdictions do not allow the limitation of liability for personal injury or incidental or consequential damages; therefore, this limitation may not apply to you.
g. You may not use, export or re-export the Licensed Application except as authorized by the law pertaining to the Republic of Portugal and the laws of the jurisdiction within which the Licensed Application was obtained.
h. The laws of the Republic of Portugal, except for under circumstances that lead to the conflict of laws, govern this license and your use of the Licensed Application.. Use of the Licensed Application may also be subject to other local, state, national or international laws.