Terms of Use

Last updated: Jan 5, 2019

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If you have any questions or suggestions about our Terms of Use, do not hesitate to contact us.

About

We have developed these Terms of Use to help you understand terms and conditions applied while using mobile applications: Space Whale - Bubble Shooter, That Color, That Color 2, Chainlight. Collectively, the apps are referred to as the "Games."

If you choose to use our Games, then by downloading or using our Games, these Terms will automatically apply to you. Therefore you are not allowed to copy, or modify our Games, any part of them, or our trademarks in any way. You are not allowed to attempt to extract the source code of our Games, and you also should not try to translate our Games into other languages, or make derivative versions of our Games. All the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Dmitry Morozov.

Terms of Use are concluded between you and Dmitry Morozov. The terms used in this Terms of Use have the same meanings as in our Privacy Policy unless otherwise defined.

Information Collection and Use

For a better user experience, while using our Games, we may ask you to provide us with certain Non-Personal or Personally Identifiable Information. In addition, our Games do use third party Games that may collect information used to identify you. The information that we request is will be retained by us and used as described in our Privacy Policy. The collected information is used to provide an overview of how people are accessing and using our Games. It is not used for any additional purpose, such as to profile users.

Processing this information is necessary for the purposes of the legitimate interests pursued by us and those third party Games we use. By agreeing to our Privacy Policy and Terms of Use you give your consent to collect and use such information. If you do not want to give your consent please do not use our Games. If you wish to withdraw your consent - please delete all products associated with our Games and contact us.

Age Restriction

These Games do not address anyone under the age of 16. By agreeing to our Terms of Use you confirm that you are at least 16 years old.

Legal Compliance

By agreeing to our Terms of Use you represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party EULA and Beneficiary

Upon Terms of Use acceptance you comply with applicable third party EULA when using our Games and acknowledge and agree that Apple, and Appleā€™s subsidiaries, are third party beneficiaries of these Terms, and have the right (and will be deemed to have accepted the right) to enforce the their EULA against you as a third party beneficiary thereof.

Subscriptions and Payments

We are committed to ensuring that our Games are as useful and efficient as possible. For that reason, we reserve the right to make changes to Games or to charge for services and alter their cost, at any time and for any reason. We will never charge you for Games or services without making it very clear to you exactly what you are paying for.

Our Games are free to play and download but some optional in-game items will require payment. You can turn off the payment feature by disabling in-app purchases in your device's settings.

In the same manner, our Games may offer you Premium membership which is an auto-renewable subscription. Should you confirm the purchase you will be charged every month to your iTunes Account after the 3-day trial ends. Subscription automatically renews within 24-hours prior to the end of the current period so if you want to turn it off you have to do it beforehand. You may manage your subscriptions by going to the Account Settings after purchase. Any unused portion of a free trial period will be forfeited when the you make this purchase. You will be notified for the possible price change ahead of time.

Maintenance and Support

At some point, we may wish to update our Games. The requirements for system (and for any additional systems we decide to extend the availability to) may change, and you will need to download the updates if you want to keep using our Games. We do not promise that we will always update our Games so that they are relevant to you and/or works with the OS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing our Games, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, the rights and licenses granted to you in these terms will end; you must stop using our Games, and (if needed) delete them from your device. Apple has no obligation whatsoever to furnish any maintenance and support services related to our Games.

Warranty

In the event of any failure of our Games to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price or in-app purchase; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Games, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

You should be aware however that there are certain things that we will not take responsibility for. Some functions of our Games will require to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but we cannot take responsibility for the app not working at full functionality if you do not have access to Wi-Fi, and you do not have any of your data allowance left. If you are using our Games outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you are accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using our Games, please be aware that we assume that you have received permission from the bill payer for usuch usage.

Along the same lines, we cannot always take responsibility for the way you use our Games i.e. you need to make sure that your device stays charged. With respect to our responsibility for your use of our Games, when you are using them, it is important to bear in mind that although we endeavour to ensure that they are updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. We accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

Changes to Terms of Use

We may update our Terms of Use from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you by updating this Terms of Use page. Any changes are effective immediately after they become public.