END USER LICENSE AGREEMENT
- ABOUT THIS END USER LICENCE AGREEMENT
This End User License Agreement (or “EULA“) governs the relationship between you and Melesta Publishing Limited, 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus (“Melesta“, “we“, “our” and “us“) in relation to our games: “My Café: Recipes and Stories”, “Family Island”, “Kitchen Stars”, “Toy Defense”, “Toy Defense 2”, “Toy Defense Fantasy”, “My Pizzerria”, “World of Fishing” and any other Melesta’s games containing link to this EULA (hereinafter the “Games” and each separately the “Game”).
This EULA set forth terms and conditions that apply to your use of the Game.
- THIS EULA AND YOU
- If you are under 18 years of age, please ask your parent or guardian to review and approve this EULA on your behalf. If you are under the aforesaid age, you must not use or access the Game without a parent or legal guardian supervising you.
- You confirm your acceptance of this EULA within the installation process of the Game (if applicable) or by using the Game. If you do not agree to this EULA, please do not attempt to install or use the Game.
- GAME RULES
Game Rules means the document setting forth rules of User’s participation and behavior within particular Game and User’s liability for the breach thereof.
You confirm that as part of the process of creating an account and playing the Game you read and agreed with the Game Rules.
- AMENDMENTS TO THIS EULA
From time to time, we may need to amend this EULA for serious reasons, for example because of changes in the law. If we make a change to this EULA, we will inform you via email in advance of such changes thirty (30) days before such changes enter into force and of your right not to accept them. The latest version of this EULA will always be available on the Melesta’s websites (the “Sites“). Please make sure you check for updates to this EULA each time you use the Game. Changes to this EULA shall not affect your accrued rights and shall not have retroactive effect.
- USING THE GAME
- In return for your acceptance of this EULA and Game Rules, we give you the personal right (known as a ‘license’) during the time this EULA is in force between you and us to download, install and play the Game.
- This license is:
- ‘non-exclusive’(meaning that we can grant the same and similar licenses to other people as well);
- ‘revocable’ (meaning that we can terminate this license in certain circumstances, which are explained further below);
- ‘personal’ (meaning that you may not use the Game for any commercial purpose);
- ‘non-transferable’(meaning that the license is only for your benefit and you may not transfer or sublicense any of the rights that we grant to you to any other person); and
- ‘limited’(meaning that you can only use the Game for the purposes we set out in this EULA); and
- conditional on your compliance with this EULA.
- TECHNICAL REQUIREMENTS
For using the Game you need certain hardware, software and capability (including a suitable connection to the Internet) as follows:
Android 4.1 or higher/iOS 9 or higher;
RAM minimum 2GB;
Stable Internet connection.
- PATCHES, UPDATES AND CHANGES
From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Game (for example to enhance online gameplay, to add new or update features or to resolve software bugs). You hereby accept, recognize and understand that we constantly work on further development of the Game and Services, we improve, upgrade and update graphics, features, gameplay and any other Content of the Game in order to make the gameplay enjoyable for you.
- INTELLECTUAL PROPERTY
- The Game, including the code, graphics, game play, user interface, audio and other content, contain proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or license all of this proprietary information and material and that you may not use or exploit any of it without our permission.
- “Melesta” and “My Café: Recipes and Stories” and their respective logos are trademarks or registered trademarks of Melesta. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Game are the property of their respective owners and all rights in them are reserved.
- EPILEPSY WARNING
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting reasonable distance from the screen, and playing the game in a well-lit environment.
- WARRANTIES AND LIABILITY REGARDING THE GAME
- We warrant that we have the right to enter this EULA and to grant you the licenses to use the Game as set out in section 5 (“USING THE GAME”).
- We shall be liable for damages with respect to injuries to health, body or life or for intentional damages caused by us, our representatives, employees or our vicarious agents or according to the applicable law.
- With respect to virtual goods that are purchased by you, we shall be liable in addition to article 2 of the present section 10 for damages that arise from the lack of a guaranteed characteristic or gross negligence of us, our representatives, or designated agents.
- And further liability of us shall be waived.
- WARNINGS AND DISCLAIMERS
- The Game is provided on “as is” bases exclusive of any warranty whatsoever and may be used solely at your own risk. Melesta is not liable for any results or consequences of use of the Game. We make no warranty of any kind, whether express, implied, statutory or otherwise with respect to the Game and its content and specially disclaim all implied warranties of any kind of fitness for a particular purpose, non-infringement, to the maximum extent permitted by applicable law.
- Melesta disclaims all liability and indemnification obligations for any harm or damage caused by or in connection with (i) any third-party content in the Game (including, without limitations, ads), and (ii) any improper, unauthorized or illegal access or use (including, without limitations, hacking) of the Game.
- Without limiting the generality of foregoing Melesta and its third-party providers do not represent or warrant that (a) the operation or use of the Game will be timely, uninterrupted or error-free; or (b) the quality of the Game will meet user’s requirements and expectations.
- User acknowledge and agree that neither Melesta nor its third-party providers are able to the fully extent to control the transfer of data over communication facilities, including internet, and that the Game may be subject to limitations, delays and other problems inherent in the use of such communication facilities. Melesta is not responsible for any delays, interruptions, errors or other damage resulting from such problems.
- GOVERNING (APPLICABLE) LAW AND JURISDICTION
- This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of Cyprus, unless otherwise required by the law of the country where the user has his habitual residence.
- We and you submit the aforementioned disputes to the jurisdiction of the courts of the country whose laws are applicable subject to article 1 of the present section 11 “GOVERNING (APPLICABLE) LAW AND JURISDICTION”.
- The EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.
- If any part of this EULA is held to be illegal and/or unenforceable, then it will not affect the legality and/or enforceability of any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.
- If you or we fail to exercise (or delay exercising) any right which you or we may have under this EULA, that failure or delay does not mean that we or you lose that right. If we or you only partially exercise a right or only exercise it once, that will not stop you or us from exercising it again in the future.
- NO RESTRICTION OF CONSUMER RIGHTS
The provisions of this EULA do not exclude, limit or otherwise restrict the rights vested with the consumers upon relevant provisions of applicable law nor may be construed by anyone in this way.
- CONTACT US
If you have any questions, complaints, or comments regarding this EULA, please contact us at here or 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus.