Term of Service
This is a legally binding agreement with Doublethink Games, our “Company.” By visiting our website at www.doublethinkgames.com or by downloading the App or otherwise using services from our Company, you have shown that you agree to be bound by this agreement. “Services” include the website, pages, content and features owned or operated by the Company. If you did not intend to make an agreement, and you do not want to make this agreement with the Company, you must not use the website or the App and you must uninstall the App. Otherwise, you have made this agreement with Company.
Please read this document carefully so that you will understand your rights and responsibilities and our Company’s rights and responsibilities whenever you use or access our website, the associated mobile application that you may download or that might be pre-installed on your devices, and the services that you receive from Company through our website or through the App.
BY INSTALLING OR DOWNLOADING THE APP, YOU ARE AGREEING THAT YOU UNDERSTAND THE RISKS OF INSTALLING AND USING THIS APP. THIS MEANS THAT YOU UNDERSTAND THAT INSTALLING THE APP COULD AFFECT OTHER APPS, FUNCTIONS AND PROGRAMS ON YOUR DEVICE. OTHER APPS MIGHT BE UNINTENTIONALLY REMOVED OR UNINSTALLED AND DATA ON YOUR DEVICE COULD BE DELETED.
To activate services with Company, you must agree to the Terms of Service and you may need to allow the App to access some of your device’s features and information on your device. For example, we may need:
Device and Application History
Photos and media files
Camera and microphone
Device and Call information
To enable certain features, you may have to give additional information so that particular feature can work. For example, you must give access to all notifications, including the contact information of people, businesses or agencies sending the notification to you if you want to use an App to clean your notification files.
YOUR PROMISES TO COMPANY
By installing the App or using the website, you are making three clear statements that we are accepting as promises to the Company. You are stating and promising that:
You are at 13 years of age, or older than 13, and you have legal capacity to enter into these Terms of Service
You will not use the App or website in violation of any applicable law or regulation.
You will not use this product, the website or a downloaded App or do anything (including translation, adaptation, reverse engineering, disassembling, decompiling or modification) to create derivative works, sublicense the service or any portion of the service, interfere with or circumvent any security features or features that restrict or prevent use or copying of any portion of the App
GOOGLE PLAY STORE
This is an agreement between you and Company but your license is conditioned upon your compliance with the terms and conditions of any agreement that you may have with a Third Party App Store, such as Google Play Store. If any part of your agreement with a Third Party App Store contradicts a part of the Terms of Service, or is less restrictive than the Terms of Service, you are bound by the more restrictive agreement.
THIRD PARTY SITES
INTELLECTUAL PROPERTY RIGHTS
The trademarks, service marks, logos and the service are all owned or licensed to the Company and are protected by copyright and other intellectual property rights under the laws of the United States and under foreign conventions and foreign laws. This service is only for your personal use and information and is not to be used for commercial exploitation.
We reserve all rights, whether you download the app or use the website. If you download or print a copy for your own personal use, you must also print or download the trademark, copyright and other propriety notices.
The Company is entitled to all legal and equitable remedies available to Company under the law to protect intellectual property rights and those of its licensors. This includes the right to request and to obtain an injunction and to enforce it against any violators.
The Terms of Service or any of the Company’s rights or obligations to you under the Terms of Service and any cause of action may be assigned by the Company to any third party. If there is an assignment, the Company if not required to notify you.
No provision or term of the Terms of Service can be waived by the failure of the Company or the user to exercise any right or term under the Terms of Service.
COMPANY RIGHTS TO MANAGE THE SERVICES
Company reserves the right, but not a contractual obligation, to manage services in order to ensure compliance with the Terms of Service, take action against those who violate the Terms of Service, to manage services to protect the rights or property of Company and third parties and to terminate those who violate the Terms of Service. Action against violators may include reporting to law enforcement authorities, legal suit or any action permitted by law.
TO THE FULL EXTENT OF THE TERMS OF SERVICE, WE RESERVE THE RIGHT TO DENY ACCESS AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR WITHOUT STATING A REASON. This right may be exercised in our sole discretion and without notice and without liability.
Each user has a limited license to use the object code version of the App. It may be used only for non-commercial purposes. For back-up or archival purposes, users may make one copy of the App in object code form, but the user must include all Notices on the copy.
Each user has a non-exclusive license. Users are prohibited from selling, transferring or assigning the App or the User’s rights under the Terms of Service without first obtaining the Company’s written consent.
Reverse engineering, decompiling or disassembling the App or otherwise attempting to gain access to the Source code is strictly prohibited except to the extent that it is expressly permitted by applicable law. If applicable law permits you to waive such a right by contractual waiver, you hereby waive that right.
If you violate any of your material obligations under the Terms of Service or materially violate the Terms of Service, your rights under the Terms of Service are automatically terminated and you must immediately destroy all copies of the App and uninstall the App from your device.
All rights not expressly granted are reserved.
These Terms of Service do not create any kind of business relationship between you and the Company. This includes an agency, partnership, franchisor/franchisee relationship, joint venture or an employer/employee relationship.
CHANGES TO THE TERMS OF SERVICE
Company reserves the right to change the Terms of Service. If we do make material changes or updates, we will notify you as permitted or required by applicable laws. If you disagree with the proposed change, you must uninstall the App and stop using the website after the effective date of the changes or you will be bound by the revised Terms of Service.
If any provision or part of the Terms of Service is unenforceable, void or unlawful, that part will be considered separate from the rest of the Terms of Service. The remainder of the Terms of Service will still be valid and enforceable.
Company is not responsible if it is unable to perform its obligations because of circumstances beyond its reasonable ability to control. This includes war, terrorism, embargoes, governmental or military action, riots, accidents or natural disasters such as floods, hurricanes or tornadoes.
DISCLAIMER OF WARRANTIES
ALL SERVICES AND PRODUCT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE TIMELINESS, COMPLETENESS, RELIABILITY OR ACCURACY OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION OR MATERIALS LINKED TO THE SERVICE OR ON THE SERVICE.
COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INACCURACIES, MISTAKES OR ERRORS OF CONTENT OR MATERIALS.
COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND.
COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR UNAUTHORIZED USE OR ACCESS TO SECURE SERVERS OR ANY PERSONAL INFORMATION ON THE SERVERS.
COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BUGS VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY A THIRD PARTY, INTERRUPTION OR TERMINATION OF TRANSMISSION, UNAUTHORIZED USE OR ACCESS OF OUR SEVERE SERVER OR ANY INFORMED STORED ON THE SERVER, OR ANY CORRUPTION OF MATERIALS OR LOSS OR DAMAGE.
COMPANY DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PRODUCT. NO WARRANTY OR GUARANTEE OF SPECIFIC RESUILTS SHALL BE INFERRED OR CREATED BY ANY ADVICE, INFORMATION OR COMMUNICATION FROM COMPANY. USE OF THE SERVICE IS AT YOUR OWN RISK, AND YOUR RISK ALONE. COMPANY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE SERVICE. THIS DISCLAIMER EXTENDS TO ALL ADVERTISERS, LICENSORS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, INVESTORS, SUPPLIERS AND CONTRACTORS.
COMPANY DOES NOT REPRESENT OR IMPLY THAT COMPANY ENDORSES ANY PRODUCT OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES, INCLUDING CONTENT HOSTED BY SUCH SITES. COMPANY DOES NOT REPRESENT OR IMPLY THAT ANY PRODUCT ON THIRD PARTY SITES IS NON-HARMFUL OR USEFUL OR ACCURATE OR THAT INFORMATION ON THIRD PARTY SITES IS ACCURATE.
LIMITATION OF LIABILITY
Liability for any loss or damage arising out of the Terms of Service or use of the produce shall not exceed $50.00, regardless of whether the claim is based upon contract, breach of statutory duty, tort or any other cause of action. The $50.00 limit shall not be exceeded to find or to impose liability upon the Company to any User or Third Party for consequential, direct, indirect, incidental, lost profit, special or punitive damages. If this Limitation of Liability is held to unenforceable, invalid or void for any reason, the remainder of the Terms of Service remains enforceable and in full effect. Notwithstanding, this Limitation of Liability is inapplicable is attorney fees, court costs or other damages are required by statute and the Limitation of Liability shall not be construed to limit any rights available to Users under state or federal laws for the protection of consumers.
We respect the intellectual property rights of others. If you believe that we may have infringed on a copyright, we will respond to a clear notice of alleged infringement send to us at email@example.com. To give a valid notice, you must include the following:
Identification of the copyright that you allege has been infringed;
Identification of where, in the App or Service, we can find the material that you allege infringes on a copyright;
Information so that we can contact you;
Your statement that you believe, in good faith, that use of the material is not authorized by the copyright owner, its agent or the law;
Your statement, under penalty of perjury or criminal penalties applicable in your state, that you are the copyright owner or that you are authorized to make this notice on behalf of the copyright owner; and
The signature of the person authorized to act on behalf of the copyright owner or an agent of the holder of an exclusive right that is allegedly infringed.
GOVERNING LAW AND VENUE FOR LITIGATION
The Terms of Service is governed by the Laws of the State of California and shall be construed and enforced in accordance with the Laws of the State of California without regard to any choice of law or conflict of law statutes. The United Nations Convention on Contracts for the International Sale of Goods shall not be applied to this agreement.
IMPORTANT INFORMATION ABOUT DISPUTE RESOLUTION
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL TO RESOLVE THE DISPUTE. YOU ALSO UNDERSTAND THAT THE COSTS OF ARBITRATION MAY EXCEED THE COSTS OF LIMITATION IN SOME INSTANCES AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATON THAN IN COURT.
You agree to attempt to resolve any disputes through consultation and negotiation with the Company before initiating a lawsuit or arbitration. You may begin the process by contacting us via e-mail to express your concerns and to give us the facts we need to discuss the problem.
You agree to binding arbitration to resolve any dispute remaining after thirty (30) days of your first e-mail to the Company regarding dispute. The Company also has the right to bring the matter to binding arbitration if attempts to resolve the issue through negotiation is unsuccessful after thirty days.
All claims related to the Terms of Service (such as breach, formation of the Terms of Service, etc.) or use of the product or service or relationship to the Company EXCEPT FOR SMALL CLAIMS COURT CLAIMS shall be resolved in binding arbitration, conducted confidentially and in accordance with the Consumer Arbitration Rules of the American Arbitration Association, except for any rules or procedures that govern or permit class actions. No federal, state or local court or agency shall arbitrate the matter. The arbitrator’s authority shall include the authority to grant any relief that would be available in a court of law or equity. The arbitrator’s award shall be binding on both parties and may be entered as a judgment in any court with jurisdiction. Interpretation and enforcement of the Terms of Service shall be subject to the Federal Arbitration Act.
You and the Company both agree that you will engage in arbitration as individual persons or entities and that you will not as a class action or other representative action. YOU AND THE COMPANY BOTH WAIVE YOUR RIGHT TO FILE A CLASS ACTION OR TO SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis without undue prejudice or burden to either party, then the parties shall be deemed to have not agreed to arbitration.
YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER PROVISIONS BY SENDING WRITTEN NOTICE VIA E-MAIL WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU DOWNLOAD THE APP. IF YOU DO NOT OPT OUT, THEN YOU ARE BOUND TO THESE PROVISIONS.
Please contact us through e-mail at firstname.lastname@example.org if you have any questions about the Terms of Service