IMPORTANT – PLEASE READ CAREFULLY
1. INTRODUCTION
1.1 These Terms of Service (the “Agreement“) are a legal agreement between you and Globalcybermedia, Inc. (“Globalcybermedia,””we,””us” or “our“) governing your use of our mobile applications (the “Apps“), including, but not limited to, games, coloring apps, and other applications developed and published by Globalcybermedia.
1.2 By using the Apps, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions. If you do not agree to this Agreement, you may not use the Apps.
1.3 This Agreement may be amended or updated by Globalcybermedia at any time. Your continued use of the Apps following any such amendment or update will be deemed your acceptance of the updated Agreement.
2. LICENSE GRANT
2.1 Subject to your compliance with this Agreement, Globalcybermedia grants you a non-exclusive, non-transferable, revocable license to use the Apps on your compatible mobile device solely for your personal, non-commercial use.
2.2 You may not:
- Distribute or make the Apps available over a network where they could be used by multiple devices at the same time;
- Transfer, redistribute, or sublicense the Apps;
- Decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps;
- Remove or modify any copyright, trademark, or other proprietary notices from the Apps; or
- Use the Apps for any illegal or unauthorized purpose.
3. USER ACCOUNTS
3.1 To use certain features of the Apps, you may be required to create a user account (the “Account“). You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to notify Globalcybermedia immediately of any unauthorized use of your Account.
3.2 You may not create an Account using the name of another person or entity unless you have that person’s or entity’s authorization to do so. You may not create an Account that is offensive, vulgar, or otherwise objectionable.
3.3 Globalcybermedia reserves the right to terminate your Account at any time for any reason, without notice.
4. IN-APP PURCHASES
4.1 The Apps may offer in-app purchases of virtual items, such as coins, gems, or other virtual goods (the “Virtual Items“). In-app purchases are made through your Apple or Google account, and you agree to be bound by the terms and conditions of the applicable app store.
4.2 Virtual Items are not redeemable for cash or any other real-world goods or services. Virtual Items are non-transferable and cannot be resold or refunded.
4.3 Globalcybermedia reserves the right to modify or discontinue Virtual Items at any time without notice.
5. USER CONTENT
5.1 The Apps may allow you to submit, upload, or post user-generated content (the “User Content“). You are solely responsible for your User Content and represent and warrant that you have all necessary rights to submit, upload, or post such User Content.
5.2 User Content must not be:
- Illegal, obscene, defamatory, libelous, invasive of privacy, hateful, or threatening;
- Harmful to minors in any way;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Forging headers or otherwise manipulating identifiers in order to disguise the origin of User Content;
- Uploading or transmitting any viruses, worms, Trojan horses, or other harmful or destructive software;
- Interfering with or disrupting the Apps or servers or networks connected to the Apps; or
- Violating any applicable law or regulation.
5.3 Globalcybermedia reserves the right to remove or modify any User Content at any time without notice.
6. INTELLECTUAL PROPERTY
6.1 The Apps and all intellectual property rights therein, including but not limited to copyrights, trademarks, patents, and trade secrets, are the sole and exclusive property of Globalcybermedia or its licensors.
6.2 You may not use any of Globalcybermedia’s intellectual property without its prior written consent.
7. THIRD PARTY SERVICES
7.1 The Apps may integrate or link to third party services (the “Third Party Services”). Globalcybermedia has no control over the Third Party Services and is not responsible for their content, privacy practices, or terms of use.
7.2 Your use of Third Party Services is subject to the terms of use of the applicable third party service provider.
8. DISCLAIMER OF WARRANTIES
8.1 THE APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 GLOBALCYBERMEDIA MAKES NO WARRANTY THAT THE APPS WILL BE UNINTERRUPTED OR ERROR-FREE.
8.3 GLOBALCYBERMEDIA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF GLOBALCYBERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY
9.1 IN NO EVENT SHALL GLOBALCYBERMEDIA’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE USE OF THE APPS, OR (B) ONE HUNDRED DOLLARS (USD $100).
9.2 THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND WARRANTY, AND SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
10. INDEMNIFICATION
10.1 You agree to indemnify, defend, and hold harmless Globalcybermedia, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Apps, your violation of this Agreement, or your violation of any applicable law or regulation.
11. GOVERNING LAW
11.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
12. ENTIRE AGREEMENT
12.1 This Agreement constitutes the entire agreement between you and Globalcybermedia with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
13. SEVERABILITY
13.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
14. WAIVER
14.1 No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
15. NOTICES
15.1 All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
If to Globalcybermedia:
Globalcybermedia, Inc.
If to you:
The address you provided when you created your Account
or to such other address as either party may designate in writing from time to time.
16. MISCELLANEOUS
16.1 This Agreement may be amended only by a writing signed by both parties.
16.2 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
16.3 The captions in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement.
16.4 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
16.5 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
16.6 No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
16.8 Entire Agreement
This Agreement constitutes the entire agreement between you and Globalcybermedia with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
16.9 Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
16.10 Waiver
No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
16.11 Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
If to Globalcybermedia:
Globalcybermedia, Inc. [Address]
If to you:
The address you provided when you created your Account
or to such other address as either party may designate in writing from time to time.
16.12 Miscellaneous
This Agreement may be amended only by a writing signed by both parties.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
The captions in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
GLOBALCYBERMEDIA, INC.