Terms & Conditions

Legacy of Discord - Samsung

 

USE OF THE APP

 

Note that these terms of use governs the use of the game when distributed through Samsung Galaxy Apps. These terms of use apply in addition to the developer’s own terms of use. They do not supersede a developer’s own terms of use.

 

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, UNINSTALL THE APP FROM YOUR DEVICE AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE GAME. BY INSTALLING THIS APP AND/OR OTHERWISE USING ALL OR ANY PART OF THIS APP YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS EULA.

 

Legal Agreement

 

This EULA is a legal agreement between you and Flexion Mobile Limited, Registered address: 13 KENSINGTON SQUARELONDON, W8 5HD ("Flexion Mobile Limited" or "we" or “our” or “us”) which governs your use of the App. You acknowledge that this EULA does not affect or govern your relationship with Apple Inc. ,Amazon sarl, Microsoft Inc, Google Inc., Mozilla Inc. or any other third party mobile operating system and/or app store provider (together the “Platform Provider(s)”) and that this EULA is not made with any Platform Provider. For the purposes of this EULA, references to the App includes computer and/or mobile application software owned by FLEXION MOBILE or its third party suppliers/licensors and associated media, any printed materials, manuals, any on-line or other documentation together with, to the extent not distributed with a separate licence agreement, any updates or patches to the original App software which are provided to you or which you may download from any Platform Provider or other source authorised by FLEXION MOBILE expressly for such purpose. The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software App including without limitation any Platform Provider software. Such third party proprietary software may be downloaded within the software package containing the App and may be required in order to use certain features of this App, which use may be subject to and conditional upon your acceptance and observance of additional third party end user licence agreements.

 

Copyright and other intellectual property laws and treaties protect this App. The App is licensed, not sold.

 

Grant of Limited Non-Exclusive Licence

 

For so long as you are in compliance with the provisions of this EULA, FLEXION MOBILE grants you the non-exclusive limited right and licence to install the App onto and use it on any compatible Platform Provider device that you own or control and as permitted by this EULA, any device usage rules stipulated by such Platform Provider and any device specification and/or operating system requirements as set out on the Platform Provider App product page or its equivalent;

 

All rights not expressly granted hereunder are, to the maximum extent permitted by law, reserved to FLEXION MOBILE and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.

 

The Application may not be modified, edited, re-purposed or altered. Unauthorised reproduction or distribution is expressly prohibited and may violate applicable law. No licence is granted to you with respect to the human-readable source code for the Application and no rights are sold, transferred or otherwise conveyed with respect to any, copyrights, trademarks, trade secrets or other intellectual property rights associated with the Application or is creators or other 3rd parties. You agree not to attempt to, or assist anyone to, circumvent, reverse-engineer, decompile, disassemble, violate or otherwise tamper with the application or any of the security components protecting the Application.

 

THE APP IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLEXION MOBILE AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE APP AND/OR THE APP DATA. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, FLEXION MOBILE DOES NOT WARRANT THAT THE APP OR ANY SERVERS REQUIRED TO BE COMMUNICATED WITH TO ENABLE THE OPERATION OF THE APP IS OR WILL BE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT FLEXION MOBILE WILL REPAIR ANY ERRORS IN THE APP. FLEXION MOBILE FURTHER DOES NOT WARRANT THAT THE APP WILL OPERATE ON ALL TYPES OF DEVICE, COMPUTER OR HARDWARE. PLEASE REFER TO THE APP PRODUCT PAGE ON AN APP STORE OR WEBSITE OR AN APP SUPPORT PAGE FOR MINIMUM TECHNICAL SPECIFICATIONS.

 

Termination, Suspension

 

Without prejudice to any other rights, FLEXION MOBILE may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights licensed to you under this EULA shall cease and you must immediately uninstall and/or delete all copies of the App and all of its component parts (including any copies stored on any device(s)) in your possession, custody or control. You may also terminate the EULA at any time by uninstalling the App from your device or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and Flexion Mobile’s proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive termination.

 

8.2 We may, at our sole discretion, suspend or terminate the provision of any part of this EULA or the App or restrict your access to it or delete and/or permanently remove your registered App account and credentials and/or In-App purchases and/or progress without any prior notice to you and without any further formality where (by way of example and without limitation): (a) we reasonably consider that you are acting in breach of any of the terms of this EULA or are assisting any other to so act; (b) there is a regulatory or statutory change limiting our ability to provide such part of the App or associated services; and/or (c) any event (such as a technical difficulty, capacity problem or communications failure) beyond our reasonable control prevents us from continuing to provide such part of the App or associated service and/or (d) we reasonably believe that you have not accessed or used the App for a duration of three (3) or more consecutive months from the date and time of last recorded access and/or use on our servers No such suspension or termination on ground (b) or (c) will affect any entitlement to a refund that you may have under any applicable law.

 

Ownership

 

You only own the device and/or media on which the App is installed. FLEXION MOBILE and/or its licensors shall at all times retain ownership of the App including any in-App items as installed on the device and/or media and all subsequent copies regardless of form.

 

Remedies. Limited Warranty and Exclusions

 

In the event of any failure of the App to conform to any applicable warranty, you may notify (i) the Platform Provider or (ii) FLEXION MOBILE (if applicable) and either the Platform Provider or FLEXION MOBILE will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, the Platform Provider or FLEXION MOBILE will have no other warranty obligation whatsoever with respect to the App.

 

IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

 

(A) IN NO EVENT SHALL FLEXION MOBILE PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR SO-CALLED “CONSEQUENTIAL” DAMAGES THAT HAPPEN AS A SIDE-EFFECT OF THE MAIN LOSS OR DAMAGE AND ARE NOT FORSEEABLE BY YOU AND US, INCLUDING BUT NOT LIMITED TO, ANY: (A) LOSS OF INCOME OR REVENUE; (B) LOSS OF BUSINESS; (C) LOSS OF PROFITS OR CONTRACTS; (D) LOSS OF ANTICIPATED SAVINGS; (E) LOSS OF OPPORTUNITY; AND/OR (F) LOSS OF DATA, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS APP, EVEN IF FLEXION MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NONE OF THE FLEXION MOBILE PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE AND/OR RELATED EQUIPMENT, SOFTWARE PROGRAMS, APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ONLINE OR MOBILE SITE OR APPLICATION LINKED TO IT ORAS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE APP TUTORIAL OR SUPPORT WEBSITE. ANY INTERACTION OR OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTY ON OR VIA USE OF THE APP (INCLUDING, WITHOUT LIMITATION, THROUGH ADVERTISEMENTS OR LINKS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY, AND WE DISCLAIM ALL LIABILITY IN SUCH CONNECTION.

 

(B) YOU ACKNOWLEDGE AND AGREE THAT A PLATFORM PROVIDER IS NOT RESPONSIBLE FOR ADDRESSING ANY CLAIMS OF YOU OR ANY OTHER THIRD PARTY RELATING TO YOUR USE AND POSESSION OF THE APP INCLUDING (I) APP LIABILITY CLAIMS, (II) ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

 

(C) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF FLEXION MOBILE PARTIES UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS APP (WHETHER IN CONTRACT, TORT OR OTHERWISE) IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP AND/OR AN IN-APP ITEM.

 

10.5 Nothing in this EULA shall limit or exclude any FLEXION MOBILE Party's liability to you in negligence for death or personal injury caused by our negligence or for any other liability to the extent that such exclusion or limitation is unlawful, unenforceable or void under any applicable law.

 

10.7 You understand that the App may be updated or patched at any time and in doing so no obligation to provide such updates or patches to you pursuant to this EULA or otherwise shall arise.

 

Governing Law and Dispute Resolution

 

This EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by and construed in accordance with English law. Each party irrevocably submits for all purposes in connection with the EULA (including any such dispute or claim) to the exclusive jurisdiction of the English courts, except that nothing in this EULA shall limit Flexion Mobile’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not) to the extent permitted by the law of such jurisdictions.

 

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.

 

Indemnity

 

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SEL, our partners, affiliates, contractors, licensors (together with us, the “FLEXION MOBILE Parties”) and our and their respective officers, directors, employees and agents from any and all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the App, any breach by you of the terms of this EULA and/or your engagement in any Prohibited Activities and/or arising out of or related to content that you submit, post, link to, transmit or make available through the App and/or your violation of any rights of another user.

 

Other Important Terms

 

You acknowledge and agree that in the event of a third party claim that the App or your use and possession of that App infringes that third party’s intellectual property rights you will notify FLEXION MOBILE (not the Platform Provider) and we (not the Platform Provider) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

 

FLEXION MOBILE reserves the right to amend this EULA at any time, at its sole discretion, but will post such changes on the Flexion Mobile website, App website and/or will communicate such changes to you via the App or via the Platform Provider. If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA you may terminate this EULA in accordance with the above Termination provisions. Your installations and use of any updates or modifications to the App or your continued use of the App following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.

 

If any court or competent authority finds that any provision of this EULA (or part of any provision) is invalid, illegal or unenforceable under the applicable law, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected.

 

We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract with you which is caused by any event, act, omission or circumstance beyond our reasonable control (“Event Beyond Our Control”). An Event Beyond Our Control includes (but is not limited to) any strike, lock-out or other industrial action (other than by Flexion Mobile staff), civil commotion, criminal damage, looting, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping aircraft, motor transport or other means of public or private transport, impossibility or impaired of use of public or private telecommunications networks (including the world wide web) and the acts, decrees, legislation, regulations or restrictions of any authority (including any Government) (including sanctions).

 

Our performance of any contract with you is deemed to be suspended for the period that the Event Beyond Our Control continues, and we shall have an extension of time for performance for the duration of that period. We shall use our reasonable endeavours to bring the Event Beyond Our Control to a close or to find a solution by which our obligations under the contract may be performed despite the Event Beyond Our Control. If we are prevented from, or delayed in, performance of any contract with you by any Event Beyond Our Control for a continuous period of more than 30 days, either party may terminate such contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).

 

You acknowledge that the Platform Provider and its subsidiaries are third party beneficiaries of this EULA and that as such each Platform Provider and/or its subsidiaries has the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.

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