Auralis Studio Limited develops and publishes mobile applications. In this policy, "Auralis Studio Limited" may also be referred to as "we" or "us."
This agreement requires individuals to resolve disputes through arbitration rather than jury trials or class actions, while also limiting the remedies available in the event of a dispute.
These Terms of Service (the "Agreement") set forth the legally binding terms for your use of any application (including related services provided by us). By using any application, you accept this Agreement and represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree to all the terms of this Agreement, please do not use any applications. This Agreement is the final, complete, and exclusive agreement between you and us regarding this subject matter (including the Happy Sudoku and Tide Jigsaw Drop applications), superseding and merging all prior discussions and agreements between the parties regarding these subjects (including any previous End User License Agreements, Terms of Service, or Privacy Policies).
1. End User License Agreement
1.1 License
Subject to the terms of this Agreement, we grant you a non-transferable, non-exclusive license to (a) use personally, and (b) copy, download, install, and execute authorized copies of each Happy Sudoku and Tide Jigsaw Drop application download site on a mobile device that you own or control (the "License").
1.2 Certain Restrictions
The rights granted to you by this Agreement are subject to the following restrictions: (a) you shall not license, sell, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Happy Sudoku and Tide Jigsaw Drop application; (b) unless such restrictions are explicitly prohibited by applicable law, you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of any Happy Sudoku and Tide Jigsaw Drop application; (c) you shall not access any Happy Sudoku and Tide Jigsaw Drop application in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any Happy Sudoku and Tide Jigsaw Drop application may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and (e) you shall not remove or destroy any copyright notices or other proprietary markings contained in or on any Happy Sudoku and Tide Jigsaw Drop application. Any future releases, updates, or other additions to functionality (including in-app purchases, extra levels, and gameplay enhancements) shall be subject to the terms of this Agreement unless otherwise provided. All copyright and other proprietary notices on any Happy Sudoku and Tide Jigsaw Drop application content must be retained on all copies.
1.3 Local Laws
You are solely responsible for compliance with all applicable laws, including but not limited to import and export regulations.
1.4 Modifications
You acknowledge that we may change the functions or related policies of the Happy Sudoku and Tide Jigsaw Drop applications at any time. Each time changes are made and your consent is requested again, we will notify you. If you refuse, please stop using these applications. We will not take any action or assume any liability for issues arising after your refusal.
1.5 Ownership
The Happy Sudoku and Tide Jigsaw Drop applications provided to you are licensed, not sold. We (and our licensors, if applicable) own all rights, title, and interest in and to all Happy Sudoku and Tide Jigsaw Drop applications, including all related intellectual property rights, excluding your User Content (defined below). This Agreement is not a sale and does not grant you any ownership rights or related rights in any Happy Sudoku and Tide Jigsaw Drop application. The "we" name, logo, and product names associated with the Happy Sudoku and Tide Jigsaw Drop applications belong to us (or our licensors, if applicable), and no right or license to use them is granted by implication, estoppel, or otherwise. We (and our licensors, if applicable) reserve all rights not expressly granted in this Agreement.
1.6 Advertising
When you launch or close the Happy Sudoku and Tide Jigsaw Drop applications, they may display advertisements. During use, banner and/or interstitial advertisements may also be displayed.
2. User Content
2.1 User Content
"User Content" means any content uploaded, distributed, or otherwise made available by a user through any Happy Sudoku and Tide Jigsaw Drop application. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You shall not state or imply that your User Content is in any way provided, sponsored, or endorsed by us. We have no obligation to back up any User Content, and User Content may be deleted at any time. If you wish, creating backup copies of your User Content is entirely your responsibility.
Specifically granting the company authorization to use creative content from users with specific limitations on use and purpose: users grant the company a non-exclusive, irrevocable, worldwide, royalty-free license to use, copy, display, and distribute content created by users while using the Happy Sudoku and Tide Jigsaw Drop apps (such as processed photos), solely for the purpose of providing application services, displaying within the applications, encouraging other users to create, and participating in legal exhibitions or competitions related to our applications, etc. Without the user's written consent, the content shall not be used for other commercial purposes.
2.2 Feedback
If you provide us with any feedback or suggestions ("Feedback"), you hereby assign to us all rights in the Feedback and agree that we have the right to use such feedback and related information in any manner we deem appropriate. We will treat any feedback you provide as non-confidential and non-proprietary. You agree not to submit to us any information or ideas that you consider to be confidential or proprietary.
2.3 Acceptable Use Policy
You agree to use the Happy Sudoku and Tide Jigsaw Drop applications under the following terms:
•(1) You agree not to use any Happy Sudoku and Tide Jigsaw Drop application to upload, distribute, or otherwise use any User Content that infringes the rights of third parties, including copyright, trademark, patent, trade secret, moral rights, privacy rights, publicity rights, or other intellectual property or proprietary rights;
•(2) Involving infringement, trade libel, defamation, falsehood, or intentional misleading;
•(3) Harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or containing pornography, nudity, explicit or gratuitous violence, or promoting violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or otherwise objectionable;
•(4) Harmful to minors in any way;
•(5) Constituting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other forms of duplication or unsolicited messages, whether commercial or otherwise; or
•(6) Violating any law, regulation, or contractual obligation.
You agree not to use any Happy Sudoku and Tide Jigsaw Drop application to:
•(a) Upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
•(b) Collect information or data about other users without their consent, including email addresses (e.g., using harvest bots, robots, spiders, or scrapers);
•(c) Disable, overburden, damage, or otherwise interfere with servers or networks connected to the Happy Sudoku and Tide Jigsaw Drop applications (e.g., denial of service attacks);
•(d) Attempt unauthorized access to the website, Happy Sudoku and Tide Jigsaw Drop applications, or servers/networks connected to the applications (e.g., through password mining); or
•(e) Interfere with other users' use and enjoyment of any Happy Sudoku and Tide Jigsaw Drop application.
2.4 Enforcement
We reserve the right (but have no obligation) to review any User Content at our sole discretion.
3. Term and Termination
3.1
This Agreement commences on the date you accept it (as stated in the preamble) and shall remain in full force and effect while you use any Happy Sudoku and Tide Jigsaw Drop application, unless terminated earlier in accordance with this Agreement.
3.2
Notwithstanding the foregoing, if you used any Happy Sudoku and Tide Jigsaw Drop application prior to the date you accepted this Agreement (as stated in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first used any Happy Sudoku and Tide Jigsaw Drop application (whichever is earlier, and potentially earlier than the version date of the Agreement) and shall remain in full force and effect while you use any Happy Sudoku and Tide Jigsaw Drop application, unless terminated earlier in accordance with this Agreement.
3.3
Upon termination of this Agreement, your right to use the Happy Sudoku and Tide Jigsaw Drop applications will immediately and automatically terminate. You understand that any termination may involve the deletion of related User Content from our live databases. We will not bear any liability whatsoever for any termination of this Agreement, including the deletion of your User Content. Even after this Agreement terminates, sections 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8, 9, and 10 shall survive.
4. Indemnification
You agree to defend, indemnify, and hold us (and our suppliers) harmless from and against any third-party claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
•(i) Your use of any Happy Sudoku and Tide Jigsaw Drop application,
•(ii) Your User Content, or
•(iii) Your violation of this Agreement.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written notice and consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
5. Third Parties
5.1 App Stores
You acknowledge and agree that the availability of the Happy Sudoku and Tide Jigsaw Drop applications depends on the third party from whom you received the applications, such as the Apple iPhone ("App Store"). You acknowledge that this Agreement is between you and us, and not with the App Store. The App Store is not responsible for the Happy Sudoku and Tide Jigsaw Drop applications, their content, maintenance, support services, or warranties, and has no responsibility for any related claims (such as product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Happy Sudoku and Tide Jigsaw Drop applications. You agree to comply with all applicable third-party agreement terms (such as App Store terms and policies), and your license to use the applications is conditional upon such compliance. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and have the right to enforce it.
5.2 Third-Party Services
We may permit certain third-party applications (such as leaderboards, gaming networks) to provide content through the Happy Sudoku and Tide Jigsaw Drop applications ("Third-Party Services"). The applications may be used to send content provided by Third-Party Services between users who have installed them. When you do so, we will share information with the Third-Party Services as described in our Privacy Policy. We do not control or take responsibility for Third-Party Services. We provide these Third-Party Services only as a convenience. We have no obligation to review or monitor Third-Party Services, nor do we approve, endorse, or make any representations or warranties regarding them. Use of all Third-Party Services is at your own risk. When you access Third-Party Services, applicable third-party terms and policies (including privacy policies) apply. You should conduct any investigation you deem necessary or appropriate before engaging in any transaction with any Third-Party Service.
5.3 Other Users
Our applications may contain User Content provided by other users. We do not control or take responsibility for User Content. We have no obligation to review or monitor User Content, nor do we approve, endorse, or make any representations or warranties regarding it. Your use of all User Content and interactions with other users is at your own risk. Your interactions with other users are solely between you and them, and we have no obligation to intervene. You agree that we are not responsible for any liability arising from such interactions.
6. Disclaimer
6.1 Disclaimer
Users must promise that the photos they upload are truthful and reasonable. If we find that photos uploaded by a user are inappropriate or illegal, we will handle them accordingly. Users shall bear the corresponding responsibility, and we assume no liability.
If you have any questions regarding the images we use, please notify the developer in writing so that the images can be handled more appropriately.
Illegal commercial activities, such as producing photo albums for sale using our images, are strictly prohibited. Without authorization under this Agreement, no organization, media, website, or individual may copy, link, forward, or otherwise copy and distribute images from Happy Sudoku and Tide Jigsaw Drop. We will combat infringement for any unauthorized activities related to our content and reserve the right to take legal action.
7. Limitation of Liability
7.1
To the maximum extent permitted by applicable law, in no event will we (or our suppliers) be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from this Agreement, our privacy practices, or any of our applications, even if we have been advised of the possibility of such damages. Access to and use of any application is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement or privacy practices (for any cause whatsoever and regardless of the form of the action) will at all times be limited to the amount paid by you to us in the past 12 months (if any). Our suppliers will have no liability of any kind arising out of or relating to this Agreement.
7.2
Some jurisdictions do not allow the limitation or exclusion of liability for incidental damages, so the above limitations or exclusions may not apply to you, and you may also have other legal rights that vary by jurisdiction.
8. Fees
You agree to pay all fees and applicable taxes incurred by you or anyone else making purchases through our applications. We may adjust the prices of goods and services provided through the Happy Sudoku and Tide Jigsaw Drop applications at any time. You acknowledge that we have no obligation to issue refunds for any reason, and that when you close your account or stop using our applications, you will not receive money or other compensation for unused virtual items.
9. General
9.1 Changes to this Agreement
This Agreement may be revised periodically. If we make material changes, we may notify you by posting a prominent notice on our applications. Any changes to this Agreement will become effective thirty (30) calendar days after we send an email notice (if applicable) or thirty (30) calendar days after we post notice of the changes on our website, whichever occurs first. These changes will be effective immediately for new users. Continued use of our applications following notice of changes indicates your acknowledgment of such changes and agreement to be bound by the revised terms and conditions. The latest update date is indicated at the top of this document. We recommend that you print a copy of this Agreement for reference and visit this webpage periodically to ensure you are aware of any changes.
9.2 Notices
Any notices to us under this Agreement should be sent to: tomatojolt@gmail.com
9.3 Severability
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified so as to be valid and enforceable to the maximum extent permitted by law.
9.4 Entire Agreement
This Agreement is the final, complete, and exclusive agreement between you and us relating to the subject matter hereof (including all our applications) and supersedes and merges all prior discussions and agreements between the parties regarding such subjects (including any prior End User License Agreements, Terms of Service, or Privacy Policies). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." Your relationship with us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign this Agreement without your consent in connection with a merger, acquisition, reorganization, sale of all or substantially all assets, or by operation of law. The terms of this Agreement shall be binding upon assignees.