This is a binding contract between you, an individual, and KILLBUG STUDIO S.L.U., domiciled at C / LOMA LARGA 12 P4 3H 51002 CEUTA SPAIN
This license agreement (the "Agreement") governs your use of the software (the "Digital Product") developed by KILLBUG STUDIO SLU, which you have downloaded to your compatible device through the means expressly approved for that purpose by KILLBUG STUDIO. SLU and to which KILLBUG STUDIO S.L.U. You have attached this license agreement.
This Agreement will enter into force when you download the Digital Product on your compatible device and confirm your acceptance of it through the mechanisms expressly provided by KILLBUG STUDIO S.L.U. for it.
If you are under 18 years of age, you must have the authorization of your parents or guardians in order to accept this Agreement.
KILLBUG STUDIO S.L.U. grants you a non-exclusive license to use the Digital Product (including all your updates) for your personal and non-commercial use. The Digital Product may not be used for any other purpose. More specifically, you may not, without the written consent of KILLBUG STUDIO SLU, rent, lease, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Digital Product, except for the form legally permitted by applicable legislation. The license of the Digital Product will become valid from the moment you accept this Agreement through the means expressly provided for this purpose by KILLBUG STUDIO S.L.U .. The license will be registered in your user account linked to the Digital Product.
2 USE OF THE DIGITAL PRODUCT
If the use of the Digital Product requires login information, you must keep it secret at all times. If you have knowledge, or a reasonable suspicion, that security has been breached, through, for example, unauthorized access to your Digital Product by third parties, or that there has been a loss, theft or disclosure of your login information, you must notify KILLBUG STUDIO SLU Immediately.
In the event that your Digital Product offers online functionalities, you assume all costs related to the use of these through your copy of the Digital Product, whether they are used by your friends, family or third parties (including internet connection costs, costs related to necessary equipment or any other relevant expenses). The exact amount of these charges will depend, among other factors, on the device you use, your use of the Digital Product, and the conditions of your internet connection provider.
The features available on the Digital Product may vary by country. If you change the country that you would like your user account to be linked to, it may be necessary for you to accept the specific license agreement for the new country in order to continue using your Digital Product with the new country settings.
3 CONTENT CREATED BY USERS
The Digital Product could offer the functionality to create, send, publish or facilitate by other means "Content Created by Users", that is, any communication, message, text, image, drawing, photograph, sound, voice, audio recording, music, movie, information, data or other types of material or content (including user names, nicknames, custom characters, custom levels, maps, scenarios, etc.).
KILLBUG STUDIO S.L.U. declines all responsibility for the Content Created by Users. The user is exclusively responsible for Content Created by Users published by himself, or sent or provided in any other way using the Digital Product. KILLBUG STUDIO S.L.U. has no obligation to monitor User Created Content. However, if KILLBUG STUDIO S.L.U. The existence of Content Created by Users that is allegedly illegal or inappropriate, may delete, at its sole discretion, that content or block access to it.
If, using the Digital Product, you publish, send or otherwise facilitate Content Created by Users, it is understood that you grant KILLBUG STUDIO S.L.U. a non-exclusive, global, royalty-free, perpetual and freely transferable right to reproduce, publish or facilitate the Content Created by Users in accordance with the provisions of the Digital Product that you use to publish, send or otherwise facilitate said content. This will not apply to Content Created by Users that appears in messages or other communications of a private nature.
You agree that, depending on the functionalities of the Digital Product, your User Created Content may be viewed, reproduced, published or modified by third parties. Therefore, you should not include in the Content Created by Users any personal information, such as your name, email address, address, telephone number or any other confidential information.
You agree that any Content Created by Users may be deleted, at any time, from the servers of KILLBUG STUDIO S.L.U .. KILLBUG STUDIO S.L.U. is not obligated to store any User Created Content.
The Content Created by Users that you publish, send or facilitate in any other way through the KILLBUG STUDIO S.L.U. network. You must comply with the rules of use of KILLBUG STUDIO S.L.U.
4 RULES OF USE OF KILLBUG STUDIO S.L.U.
If you use the Digital Product, you must comply with the provisions of the rules of use of KILLBUG STUDIO S.L.U .. These rules prohibit any illegal, harmful conduct or that, of any other form, is inappropriate; We present, merely by way of example, the following examples:
a. Illegal acts, constitutive of harassment, motivated by hatred, defamatory, annoying, offensive, obscene, of explicit sexual content or reprehensible in any other way, that are carried out through the Digital Product;
b. Create, share or reproduce unauthorized copies, in whole or in part, of the Digital Product; create new versions of existing Digital Products ("derivatives");
c. Use cheats, automation software (bots), hacks, mods or any other unauthorized software designed to modify the Digital Product in whole or in part, or use any unauthorized device or unauthorized modification of the device in which the Digital Product; attempt to extract the source code of the Digital Product;
d. Gain unauthorized access to any of the computers, hardware, equipment, servers or networks that are used to support the Digital Product;
e. host, intercept, emulate or reverse engineer any part of the Digital Product, or redirect the communication protocols used by KILLBUG STUDIO S.L.U. to support the Digital Product, regardless of the means used for it and carry out commercial or advertising activities, or arrange meetings using the Digital Product;
f. Sell, market, assign or in any other way transmit to another person or entity your user account linked to the Digital Product;
g. Publish, send or otherwise facilitate through the Digital Product contents that violate the rights of third parties, including patents, trademarks, trade secrets, copyrights, privacy rights, image rights or other intellectual or exclusive property rights of its owner;
h. Publish, send or otherwise facilitate through the Digital Product content that includes personal data of third parties (including photographs, images and videos) without their authorization;
i. Fraudulent activities carried out in connection with the Digital Product;
j. Sell, trade, assign, license or otherwise exchange digital objects that can be used with the Digital Product for real money;
k. Engaging in behaviors that may interrupt or, in particular, negatively affect the gaming experience of other users of the Digital Product.
5 BACKGROUND COMMUNICATION FUNCTIONS
If the Digital Product offers online functionalities and the device on which the Digital Product has been loaded is connected to the internet, the Digital Product may establish communication in the background with the servers of KILLBUG STUDIO S.L.U. and other compatible devices.
The communication in the background with the servers of KILLBUG STUDIO S.L.U. allows the Digital Product to receive software updates, updates to the content used through the Digital Products and important service messages from KILLBUG STUDIO SLU. Software updates to your Digital Product may be necessary for you to fully enjoy all its functionalities.
It is possible to establish a communication in the background with other compatible devices depending on the functionalities of the Digital Product. KILLBUG STUDIO S.L.U. will inform you, through your Digital Product, about these background communication functions.
If you want to disable the communication functions in the background, you can do so by accessing the settings of your device.
6 VIRTUAL ELEMENTS
The Digital Product may offer the functionality to acquire or use digital items for use in the Digital Product itself (the "Virtual Items").
The means to acquire the Virtual Elements could be provided by KILLBUG STUDIO S.L.U. or third parties (for example, through the functionalities of the service that you have used to download the Digital Product). The acquisition of the Virtual Elements will be made in accordance with the conditions of the corresponding service.
If you acquire Virtual Elements, KILLBUG STUDIO S.L.U. will make them available to you in the form of a license (right) so that you can exchange or exchange them for other digital elements in the corresponding Digital Product. The Virtual Elements, as well as other digital elements exchanged or exchanged for Virtual Elements, may be used exclusively in the corresponding Digital Product, they may not be transmitted to third parties (unless such transmission is permitted in the Digital Product itself) nor may they be exchanged for a legal tender or for an element or right outside the scope of the Digital Product.
7 INTELLECTUAL PROPERTY OF KILLBUG STUDIO S.L.U.
Unless expressly provided in this Contract, KILLBUG STUDIO S.L.U. does not grant you any right, title or interest in relation to the "Intellectual Property of KILLBUG STUDIO S.L.U." (that is, all intellectual property, which includes, but is not limited to, registered and unregistered trademarks, service marks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade secrets, technical knowledge or other information of a confidential and restricted nature, that have been developed by KILLBUG STUDIO SLU, are owned or subject to a license for use). KILLBUG STUDIO S.L.U. reserves all rights to the Intellectual Property of KILLBUG STUDIO S.L.U .
8 LIABILITY OF KILLBUG STUDIO S.L.U.
If KILLBUG STUDIO S.L.U. breaches these conditions, you must compensate for damages arising from the foreseeable result of your own negligence or your breach of this Agreement. KILLBUG STUDIO S.L.U. declines all responsibility for losses, damages or damages that are not foreseeable. It will be understood that they are foreseeable if they clearly occur as a consequence of a breach by KILLBUG STUDIO S.L.U., or if they have been foreseen by both parties at the time of entering into this Contract. Since the Digital Product is for your exclusive personal and non-commercial recreational use, KILLBUG STUDIO S.L.U. It also declines all responsibility for possible loss of profits, loss or interruption of commercial activity or loss of data or business opportunities.
KILLBUG STUDIO S.L.U. It does not exclude or limit, in any case, its liability for: intent or gross negligence; death or injury; fraud or fraudulent misrepresentation; breach of the legally established conditions regarding the ownership of KILLBUG STUDIO S.L.U. Regarding the Intellectual Property of KILLBUG STUDIO S.L.U. and the Digital Products; Failure to comply with the legally established conditions regarding the description, satisfactory quality and adequacy of the Digital Products for its purpose; and manufacturer's liability.
9 TERMINATION OF THE CONTRACT
You may terminate this Agreement at any time through the means expressly approved for this purpose by KILLBUG STUDIO S.L.U. (for example, through the functionalities of the service that you have used to download the Digital Product) or by sending a notice to the Customer Service of KILLBUG STUDIO S.L.U.
KILLBUG STUDIO S.L.U. You may terminate this Agreement, or part of it, if you breach the conditions of this Agreement. In case of minor breaches, KILLBUG STUDIO S.L.U. will send you a prior warning about your breach and give you the opportunity to remedy it. However, if their behavior is manifestly unacceptable, KILLBUG STUDIO S.L.U. It will not be obliged to send you such prior warning. A behavior will be considered manifestly unacceptable if it seriously violates the rules of use of KILLBUG STUDIO S.L.U. or other important provisions of this Agreement.
KILLBUG STUDIO S.L.U. You may also, at any time, terminate this Agreement, or part of it, for legal, technical or commercial reasons. In those cases, KILLBUG STUDIO S.L.U. give you reasonable notice.
10 APPLICABLE LEGISLATION
The contractual relationship between the parties to this Contract will be governed in accordance with Spanish and EU law. Therefore, the Convention on the Law Applicable to Contracts for the International Sale of Goods is excluded. For the sake of clarity, this will not affect the application of mandatory legal provisions in your country of residence, such as consumer protection regulations.
11 CUSTOMER SERVICE
If you have any questions about this Agreement, please fill out and submit a form on the Digital Product, or contact KILLBUG STUDIO S.L.U. by email: email@example.com
A. USE ON APPLE DEVICES
If you use your Digital Product on devices provided by Apple, Inc. ("Apple"), the following conditions apply:
a. The Digital Product must be used in accordance with the App Store Terms of Service.
b. The parties agree that Apple is not obligated to provide maintenance or support services in connection with the Digital Product.
c. The parties agree that Apple declines all responsibility for possible claims of third parties that allege that the use of the Digital Product infringes the intellectual property rights of third parties.
d. You declare and certify that you do not live in a country subject to an export embargo imposed by the United States, nor in a country classified by the United States Government as a "promoter of terrorism." Furthermore, you declare and certify that not is on the list of persons banned or not entitled to enter the territory of the United States and The parties accept and acknowledge that Apple, as well as its affiliates, are third party beneficiaries of this Agreement, so that Apple will have the right (which will be deemed to have accepted) to enforce the Agreement against you as a third party beneficiary thereof.
B. INSTRUCTIONS ON THE RIGHT OF WITHDRAWAL
If you use the Digital Product to purchase Virtual Items from KILLBUG STUDIO S.L.U., the following conditions apply:
B.1 RIGHT OF WITHDRAWAL (IN CASE OF DIGITAL PRODUCTS)
You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day the contract is signed.
To exercise the right of withdrawal, you must notify us at KILLBUG STUDIO SLU, c / Loma Larga 12 P4 3H 51002 CEUTA SPAIN email: firstname.lastname@example.org, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, or email). You can use the model withdrawal form that appears below, although its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
B.2. CONSEQUENCES OF WITHDRAWAL
In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement.
If you have requested that the provision of services begin during the withdrawal period, you will pay us an amount proportional to the part of the service already provided at the time you have notified us of your withdrawal, in relation to the total object of the contract.
B.3. MODEL WITHDRAWAL FORM
(You only have to fill in and send this form if you want to withdraw from the contract)
For the attention of KILLBUG STUDIO S.L.U., c / Loma Larga 12 P4 3H 51002 CEUTA SPAIN, email address: email@example.com
I hereby inform you / we communicate (*) that I withdraw from me / we withdraw from our (*) sale contract of the following good / provision of the following service (*).
Ordered on / received on (*).
Name of the consumer and user or consumers and users.
Domicile of the consumer and user or consumers and users.
Signature of the consumer and user or consumers and users (only if this form is submitted on paper).
( * ) Delete as appropriate