Terms of Service
Welcome to Thirty Three Apps website where you can find policies and terms governing your use of products and services provided by Thirty Three Apps, its subsidiaries and affiliates (collectively as "Company," "we," "us" and "our").
These Terms of Service ("ToS") constitute a legal agreement between the user of our products and services "user" or "you") and the Company. It applies when a user accesses, uses or visits our website located at https://www.thirtythreeapps.com/ (the "Site"), the associated mobile application available for download in the Google Play Store and other third party app stores, or pre-installed on third party devices (the "App"), and/or the services provided through the Site and the App. In these ToS, the term "Service" means and includes the Site, the App and these services, individually or collectively.
We prepared these ToS to help explain the terms that apply to your use of the Service.
1. Consent
By visiting the Site, downloading the App, or otherwise using the Service, you indicate your agreement to be bound by these ToS. If you do not agree with these ToS, you must not use the Service, and uninstall the App if you have already downloaded it.
2. Privacy Policy
Our Privacy Policy, located at https://www.thirtythreeapps.com/privacypolicy , is part of and is governed by these ToS. By agreeing to these ToS, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
3. Notice Regarding Dispute Resolution
These ToS contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration as described below. If you do not opt-out of arbitration, you will only be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against us on an individual basis, not as part of any class or representative action or proceeding.
4. Updates to these ToS We may modify these ToS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the App. If you continue using the Service after the new terms take effect, you will be bound by the modified ToS
5. Force Majeure
The Company will not be responsible for any failure to perform its obligations under this TOS due to circumstances beyond its reasonable control including, without limitation, acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood, or accidents.
6. Independent Contractors.
Nothing in these ToS shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
7. Third Party Terms
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.
AdMob by Google
AdMob by Google is provided by Google Inc.
You can opt-out from the AdMob by Google service by following the instructions described by Google: https://support.google.com/ads/answer/2662922
For more information on how Google uses the collected information, please visit the "How Google uses data when you use our partner sites or app" page: http://www.google.com/policies/privacy/partners/ or visit the Privacy Policy of Google: http://www.google.com/policies/privacy/
8. Use of Data
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
9. Access to the services.
By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent of guardian, certain features and functionality of the Services may be disabled. Information regarding use of your personal information can be found in Thirty Three Apps Privacy Policy or in the privacy policy specific to the Service you are using.
You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a social networking service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Thirty Three Apps does not authorize use of automated methods to sign up for an Account, and Thirty Three Apps reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services.
11. Title.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the "Thirty Three Apps Content") shall remain in Thirty Three Apps and/or its suppliers, and are protected by the copyright laws of the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Thirty Three Apps Content are trademarks, registered trademarks or trade dress of Thirty Three Apps or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Thirty Three Apps Content without prior written consent from Thirty Three Apps .
The Services may allow you to create content ("Your Content") that incorporates the Thirty Three Apps Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Thirty Three Apps retains all rights, title and interest in and to the Thirty Three Apps Content. You retain all rights to Your Content; provided, however, that Thirty Three Apps shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Thirty Three Apps use of Your Content.
12. Disclaimer of warranty and limit of liability.
THIRTY THREE APPS MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE SERVICES ARE PROVIDED "AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, THIRTY THREE APPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE THIRTY THREE APPS SERVICES IS AT YOUR SOLE RISK.
ABI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT THIRTY THREE APPS IS NOT LIABLE, AND YOU AGREE NOT TO HOLD THIRTY THREE APPS LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
13. Indemnification.
You agree to hold harmless, indemnify and defend Thirty Three Apps, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or Services, your use of the Forums and Services, your connection to the Forums and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, Thirty Three Apps reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
14. Termination.
These Terms will automatically terminate if you fail to comply with any term hereof. You and Thirty Three Apps have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 5, 10, 12, and 13 shall survive any termination.
15. How to Contact Us
If you have any questions or comments, feel free to contact us:
By email: contact@thirtythreeapps.com
By visiting this page on our website: https://thirtythreeapps.com/contact-us