Welcome to the Anivale Studios Terms of Service (“Terms”). This is a legal agreement between you and Anivale Studios Limited, an Irish corporation (“Anivale”), regarding the Services you use from us. “Services” means collectively, and sometimes individually, the following: (a) each of our Games, and (b) any websites, software or other services we provide with or in support of a App/Game, whether or not they are installed or used on a computer, console, or a mobile device. “App” means our app/game that you download and access that is subject to these Terms, regardless of where you download and/or access it, and any documentation, software, updates, Virtual Goods and Content (each defined below) included in it. (j) violate any applicable law or regulation; (k) attempt to probe, scan or test its vulnerability or breach any security or authentication measures; (o) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users; (p) collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission; (q) trespass, or attempt to gain access to a property or location where you do not have permission to be or engage in any activity that may result in injury, death, property damage, nuisance or other liability; (r) impersonate or misrepresent your affiliation with any person or entity; We and our affiliates and licensors own all title, ownership and intellectual property rights in the Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You understand and agree that you have no ownership interest in the Services or any Games or Content therein. The Services (and particularly our Games) may have built-in mechanisms designed to prevent granting one user an unfair advantage over other users (these actions are “Cheating” and the software is the “Cheat Detection Software”). We may add or update our Cheat Detection Software periodically as we may require in our sole discretion. The Services and/or the Cheat Detection Software may collect and transmit details about your Game Account, gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. In the event that we in our sole discretion conclude that you are Cheating, you agree that we may exercise any or all of our rights under these Terms, including termination of these Terms and your access to our Services. In addition if you Cheat in one Game or Service, we may terminate your license to use all of our Games and Services. Although we are not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Services, to ensure compliance with these Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of these Terms or conduct that affects the Services.
(b) Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital items and your use of them is governed by these Terms and the App Store Agreement(s). VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Provided you comply with the terms of these Terms and the App Store Agreement(s), we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Goods or Game Currency you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the Game in question and within the Game (unless we otherwise communicate to you that you may use them in multiple Games) and for no other purpose. Unless, expressly permitted by us in a specific Game, you may not trade any such Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise prevent the use of Virtual Good or Game Currency if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods or Game Currency to your Account. (c) Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Game Currency or Virtual Goods, including your ability to access or use Game Currency or Virtual Goods, without notice or liability to you. YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “Anivale PARTIES”) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THESE TERMS. 
(d) Subscriptions. Although certain features of a Game or the Services may be available at no charge, other features and/or content may only be available via a subscription plan (“Subscription”). Subscriptions, if offered, give full access to all the Subscription features as long as Subscription is active. If you purchase a Subscription, you must ensure all the information that you submit is true and accurate (including, without limitation, your credit/debit card number and expiration date, and other payment details) and that you have appropriate parental or guardian consent if you are under 18 years of age. You agree to pay all Subscription fees specified when you apply including all applicable taxes. If you choose a recurring Subscription for a Game, you acknowledge that payments will be processed automatically (e.g., charged to your credit card) until you cancel the Subscription or your Game Account. (e) Free Trial. From time to time, Anivale may offer a free trial for a Subscription. You may need to opt-into a Subscription in order to access it during the trial period. If so, and subject to applicable law, you will have the right to opt-out at any time during the trial period until at least 24 hours prior to the end of the trial period and you will be automatically charged after the trial period unless you opt-out at least 24 hours prior to the end of your trial period. Additional terms and conditions may apply with respect to free trials which will be communicated to you by Anivale.
(f) Subscription Cancellation. At any time, subject to applicable law, you can cancel the auto-renewal of your Subscription by going to the settings of your account or App Store Account after your purchase. If you cancel the auto-renewal of your Subscription, it shall remain active until the then current Subscription period has lapsed. Subject to applicable law, please note that you will not get a refund for any remaining period of a Subscription and when your Subscription has lapsed, you may lose access to the application and its content. (d) Subscriptions. Although certain features of a Game or the Services may be available at no charge, other features and/or content may only be available via a subscription plan (“Subscription”). Subscriptions, if offered, give full access to all the Subscription features as long as Subscription is active. If you purchase a Subscription, you must ensure all the information that you submit is true and accurate (including, without limitation, your credit/debit card number and expiration date, and other payment details) and that you have appropriate parental or guardian consent if you are under 18 years of age. You agree to pay all Subscription fees specified when you apply including all applicable taxes. If you choose a recurring Subscription for a Game, you acknowledge that payments will be processed automatically (e.g., charged to your credit card) until you cancel the Subscription or your Game Account. (e) Free Trial. From time to time, Anivale may offer a free trial for a Subscription. You may need to opt-into a Subscription in order to access it during the trial period. If so, and subject to applicable law, you will have the right to opt-out at any time during the trial period until at least 24 hours prior to the end of the trial period and you will be automatically charged after the trial period unless you opt-out at least 24 hours prior to the end of your trial period. Additional terms and conditions may apply with respect to free trials which will be communicated to you by Anivale. (a) Subject to applicable law, (i) all Games, Virtual Goods and Game Currency remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide; and (ii) we may revoke your license to such Games, Virtual Goods and/or Game Currency at any time consistent with these Terms without notice or liability to you.
· The App Store has no obligation to provide any Game maintenance or support. · If the Game cannot meet its warranties (if any), you can contact the App Store and they will refund you the purchase price of the Game (if applicable) and, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Game. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. · Except as stated above, the App Store is not responsible for addressing any claims you have or any claims of any third-party relating to the Game or your possession and use of the Game, including, without limitation: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (b) Some countries, states, provinces or other jurisdictions provide a statutory right to withdraw from an agreement to purchase digital content within a defined cancellation or ‘cooling-off’ period. By using any Games, Virtual Goods and/or Game Currency during this cancellation period, you hereby waive any statutory right you may have to withdraw from your agreement to purchase the applicable Game, Virtual and/or Game Currency and you agree that you will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Game, Virtual Good and/or Game Currency. Where applicable law does not permit you to waive your right to so withdraw, you hereby agree that such withdrawal right expires immediately upon use of your Game, Virtual Good and/or Game Currency, as permitted by applicable law.Accessing a App/Game from an App Store Where a App/Game is made available to you via an App Store (like the Apple App Store or Google Play Store) you acknowledge and agree that:
• These Terms are between you and us, not the App Store, and we (not the App Store), are solely responsible for the Game. · You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. · You must also comply with all applicable third-party terms of service when using the Game.Feedback DMCA/Copyright Policy We respect copyright law and expect our users to do the same. It’s our policy to terminate in appropriate circumstances Game Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.Third Party Websites and Resources The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. Data Charges and Mobile Devices
You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the ServicesWant a domain name like this?
We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at shrinidhi@anivalegames.com or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.See all auctions Discover domains on auction now
Download the Namecheap Auctions app
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND AND THE Anivale PARTIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, THE Anivale PARTIES EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Anivale Parties make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, virus-free or error-free basis. The Anivale Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services.
- Take auctions with you wherever you go
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE Anivale PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY: (b) LOST REVENUE,
(c) LOST SAVINGS, (d) LOSS OF DATA, OR (e) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, - ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT OF ONE OF A Anivale PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT Anivale PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE Anivale PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these Terms will prejudice such rights that you may have as a consumer of the Services.
- Indemnity
You agree to indemnify, defend, and hold the Anivale Parties and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of these Terms. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement, based on any matter covered by this Section 17. - Termination We may suspend or terminate your access to and use of the Services, including any Game, Virtual Goods, and Content, with no liability, on reasonable notice to you in the event that (a) we cease providing the Game to similarly situated users generally; (b) you breach these Terms (including the App Store Agreement(s) and our other policies specified in these Terms); (c) the owner of the applicable App Store terminates your App Store Account; or (d) we otherwise deem it necessary to terminate these Terms in our sole discretion, for any reason. You may also terminate these Terms by deleting and uninstalling the applicable Game on any and all of your devices or by deleting your App Store Account. Upon any termination of these Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Terms. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services prior to such termination. Where required by applicable law, termination of these Terms does not require a court decision to effect termination or a notice served by a court bailiff as a prerequisite to termination.
This section applies if you are accessing, using, or have purchased the Services outside of the United States. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for all Disputes will be the state and federal courts located in the Northern District of California.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(a) Entire Agreement. These Terms and any other document or information referred to in these Terms constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services.
(b) Language. The original language of these Terms is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have these Terms written or construed in any other language.
(c) Severability. These Terms describe certain legal rights. You may have other rights under the laws of your jurisdiction. These Terms do not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in these Terms may not apply to you because your jurisdiction may not allow them in your particular circumstance. Each of the provisions in these Terms operates separately. In the event that certain provisions of these Terms are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining provisions of these Terms will remain in full force and effect.
(d) No Waiver. Your and our actions or inactions will not create any other rights under these Terms except as what is explicitly written within these Terms. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
(e) Third Party Rights. Except as described in Section 9, a person who is not a party to these Terms will have no right under to enforce any of its terms.
If you have any questions about these Terms or the Game, please contact us at shrinidhi@anivalegames.com
