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Terms Of Use

Effective Date: August 1st, 2019

These terms of use (Terms) set out the relationship between you and Ismael Machado(“I” or "me" or "my" )regarding your use of Bipolar Ball("app").  By downloading, playing or accessing Bipolar Ball you agree to these terms.  You agree that the Privacy Policy forms part of these terms.

As a precondition for using the app, you must agree to these Terms Of Use. If you accept these Terms Of Use, you represent that you are age 16 or older.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE APP, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE APP. USE OF THE APP IS VOID WHERE PROHIBITED.

I reserve the right, at my sole discretion, to change, modify, add or remove portions of our Terms and Privacy Policy by posting the amended terms at bipolarball.com. Your continued use of the app confirms your acceptance of the updated Terms or Privacy Policy.

1. Right to use Bipolar Ball

1.1

Subject to these Terms, I grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use my app for your own personal, non-commercial, entertainment purposes. You agree not to use my app for any other purpose. The rights granted to you are subject to your full compliance with these Terms.

1.2

Except as set out in clause 1.1 above, you do not receive any other license and I retain all rights, title and interest in and to the app. This means I own at all times all copyright, trade marks, code, software, artwork, sounds effects, music, gameplay recordings, and any and all rights in, or derived from, the app. The app must not be copied, reproduced or distributed in any manner or any medium without my prior written consent, which will be granted or withheld in my sole discretion.

1.3

The license ends on the earlier date of either your disposal of the app or my termination of the license in accordance with these Terms.

 

2. Your obligations

2.1

You will not: 

i. Use the app for any commercial purpose without my prior written consent. Without limiting the foregoing you must not make my app available for public use such as in a games arcade, use my app within your own products or content such as in television programs or films, use my app in advertising, solicitation or transmission of any commercial advertisements in any way;

ii. Attempt to decompile, reverse engineer, disassemble my app;

iii. Copy, distribute, make available to the public or create a derivative work from my app unless we have first agreed to this in writing;

2.2

You are responsible for ensuring that your installation and use of my app does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from 3rd parties.

 

2.3

You must comply with the terms of service of the relevant digital storefront where you obtained my app, including but not limited to the Apple iOS App Store, the Google Play Store and the Amazon App Store.

2.4

You must comply with any applicable 3rd party terms of agreement when using my app.

2.5 

To use my app you must not be located in a country that is subject to an embargo by the government of the United States of America.

3. Intellectual Property

 

You agree that all Intellectual Property relating to my app is owned by or licensed by me. My app is being licensed to you and you understand that no title or ownership in my app is being transferred or assigned and these Terms are not a sale of any rights in my app.

4. Updates & Access To My App

i. I have the right to withdraw or modify my app (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that I have the right to alter my app at my discretion.

5. Third Party Services

 

The app may include links to 3rd party services (including, but not limited to, advertisements displayed by 3rd parties) and/or the 3rd party services may be made available to you via the app. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective 3rd party terms and conditions. Please read these 3rd party terms and conditions, carefully as they constitute an agreement between you and the relevant 3rd party service provider to which I am not a party.

6. Advertising

 

You understand that:

6.1 The app may feature advertisements from 3rd parties.

6.2 I am not responsible for the content of any 3rd party advertisements, nor the content of any website or other materials that may be linked to by 3rd party advertisements, and you view those 3rd party websites and materials at your sole risk.

6.3 My 3rd party advertising partners use your data in accordance with my Privacy Policy

7. Warranty

BIPOLAR BALL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU UNDERSTAND THAT BIPOLAR BALL CANNOT BE GUARANTEED TO BE ERROR FREE AND THE EXISTENCE OF ANY ERRORS WILL NOT BE A BREACH OF THESE TERMS.

8. Privacy

 

By using Bipolar Ball, you agree to these Terms, including my Privacy Policy, and acknowledge that your agreement is a precondition to your use of the Services.

© Ismael Machado 2014-2019, All Rights Reserved.

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