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Awem Terms Of Use

These Terms of Service («Terms of Service») govern the relationship between you and Awem (hereinafter «Awem» or «us» or «we») regarding your use of Awem games, website (http://www.awem.com) and related services (collectively referred to as the «Services»). Awem’s Privacy Policy available at http://www.awem.com/privacy-policy is incorporated herein by reference. Please read these Terms of Service and the Privacy Policy carefully before starting using the Services.

By using or otherwise accessing the Services, including browsing Awem website or accessing a game, you agree that you have read, understood, and accept to be bound by these Terms of Service. If you do NOT agree with these Terms of Service you should NOT use or otherwise access the Services.

You cannot accept these Terms of Service if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or reside; or (b) if you are not of legal age to form a binding agreement with Awem. It is your responsibility to ensure that you are legally allowed to accept these Terms of Service and that you do not violate any applicable laws. By accepting these Terms of Service you acknowledge and agree that you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

Awem reserves the right, at its discretion, to modify or revise these Terms of Service at any time by posting the amended terms on the Awem website. Please check the most current Terms of Service to ensure that you are aware of all the terms governing your use of the Services. Your continued use of the Services after a change or update has been made will constitute your acceptance to the revised Terms of Service. If you do not agree with the modifications, please discontinue use of the Services immediatelyand cancel any account you have opened using the Services. These Terms of Service remain effective from the date of acceptance until terminated by you or Awem in accordance with these Terms of Service.

Awem reserves the right to make changes, update or discontinue the Services or the format thereof at any time with or without notifying you. Awem reserves the right to terminate or restrict access to the Services for any reason whatsoever at its sole discretion.

I. OWNERSHIP. LICENSE GRANT

All materials contained on the Services, including, but not limited to, games, titles, source code, stories, concepts, text, graphics, pictures, video, music, sound and other files, content and all trademarks, copyrights, patents and other intellectual property rights related thereto, are owned or controlled by Awemand protected by international copyright laws.

Awem grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Services. You agree (a) not to copy, republish, modify,translate, make error corrections, download, distribute, license, sublicense, sell, rent, lease, reverse engineer the Services or any parts thereof, including games, website, or its software;(b) create derivative works based on the Services; (c) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Services; or (d) otherwise use the Services in any manner, except as expressly authorized herein.Except as otherwise provided, the content published on or used in the Services may be reproduced in an unmodified form for personal non-commercial use only. Any other use of our intellectual property including but not limited to trademarks, trade name, copyrights,without the prior written consent of Awem is strictly prohibited..

Awem disclaims any proprietary interests in the intellectual property rights other than its own. References to third-party services and software are given by Awem "AS IS", without warranty of any kind, either express or implied.

In its discretion, we may make updates, upgrades available for the Services. This updates may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of particularServices.

Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the Virtual Goods or Virtual Currency (“Virtual Items”) appearing or originating in any Awem game, whether earned in a game or purchased from Awem for "real money". Virtual Items can never be redeemed for real money, goods, or any other item of monetary value from Awem or any other party. Your purchase of Virtual Items is final and is not refundable, exchangeable, transferable, except in Awem’s sole discretion. All Virtual Items are sold AS-IS with no warranties of any kind. You may not purchase, sell, or exchange Virtual Items outside the Services. Doing so is a violation of the Terms of Service and may result in termination of your account with the Services and/or legal action. We have the sole and absolute right to manage, control, modify and/or eliminate such Virtual Items, change their prices as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights. You acknowledge and agree that upon termination of these Terms of Service, your Account or the Services for any reason, including upon Awem’s discontinuation of the Services or applicable portion thereof for any reason, all Virtual Items will be forfeited by you, and Awem will have no liability to you in connection therewith.

II. USER CONTENT

«User Content» means any data, text, graphics, communications, images, sounds, and all the material and information that you upload or transmit through the Services. By uploading any User Content to the Services, you affirm, represent and warrant that such submission is (i) accurate and not confidential; (ii) protected by any applicable copyright laws, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person or entity; (iii) free of viruses, adware, spyware, worms or other malicious code; (iv) is not offensive, unlawful, obscene, abusive, inappropriate, pornographic or otherwise unlawful or violates any law. Awem reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

By uploading User Content to the Services, including, without limitation, uploading any materials (including, but not limited to, any data, text, graphics, photographs), choosing a username, or participation in any forums, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable,perpetual, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, create derivative works, perform and distribute your User Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you.You also hereby grant to Awem the right to authorize others to exercise any of the rights granted to Awem under these Terms of Service. Awem does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.

The above licenses granted by you in your User Content are perpetual and will only terminate if you've requested the removal or deletion of your User Content from the Services (such license will terminate within a commercially reasonable time after your request to remove or delete your User Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted. We may disclose any of your User Content (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the Awem rights; or (iv) to protect the Awempartners and any other user.

The User Content is the sole responsibility of the person from whom the User Content originated. Awem is not responsible for the User Content or any other content posted to the Services by anyone other than Awem. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services.

As you retain complete ownership of your User Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.

If you choose to communicate to us any feedback, ideas or suggestions for improvement of the Services, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third party right.

III. COPYRIGHT INFRINGEMENT NOTICE

If you are a copyright holder who believes that any of content which is available via the Services is infringing copy of your work, please let us know. A notice of alleged copyright infringement should be sent at support@awem.com.

A notification of claimed copyright must include the following:
  • A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
  • Specific identification of each copyrighted work claimed to have been infringed;
  • A description of where the material believed to be infringed is located (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
  • Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  • A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

IV. YOUR ACCOUNT

When creating or updating an Account, you are required to provide us with certain personal information, which will be held and used in accordance with our Privacy Policy. You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated. You are responsible for (i) keeping confidential any password that you created to use any aspect of the Services requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any of your Account. Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our partners due to such unauthorized use. Awem reserves the right, in itssole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Services at any time, for any or no reason, with or without notifying you, and without liability, including in the event we stop offering any part of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of these Terms of Service.

V. USAGE

You acknowledge and agree to use the Services for personal non-commercial use only and in accordance with the laws of jurisdiction where you are located and applicable international law. We cannot assume any responsibility in ensuring your compliance with any applicable laws.

It is your responsibility to keep all information provided to you through the Services as private and confidential and will not give such information to anyone without the permission of the person who provided it to you. You shall not collect or try to collect and/or misuse any personal information protected by applicable laws.

You agreeto use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
  • Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right (including rights of privacy or publicity) of any party or entity or impersonate any user or entity;
  • Make available through the Services any material or information that violates any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, using cheats, uploading files that contain viruses, Trojan horses, worms, time bombs, bots, corrupted files or data, or any other unauthorized software designed to modify or interfere with the Services;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for any software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Awem;
  • Solicit or attempt to solicit personal information from other users of the Services or collect or post passwords or other private information from other users, including personally identifiable information, identification documents, or financial information through the Services;
  • Sublicense, rent, lease, sell, trade, gift, or otherwise transfer your account or any Virtual Items associated with your account to anyone. Access or use a third party account or any Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, or otherwise transferred from the holder of the original account creator;
  • Use multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate Virtual Items;
  • Use the Services in a commercial manner, including the transferring of Virtual Items in exchange for «real money»;
  • Exercise any fraudulent/illegal activity that could lead to false payment in the Services, such as getting any advantages and/or Virtual Items sold for «real money» without actual payments;
  • Exercise any time changes (i.e. changing time zones on your device) in order to get advantages in the Services or to prolong the term of advantages.
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.

VI. PURCHASES AND PAYMENTS

You agree to pay all fees (if any) charged by us and/or the online stores and distributors (App Store, Google Play, iTunes and such) in connection with the Services

If purchases of the Services made through third-party online stores, such sales are governed in accordance with the respective store terms and conditions.Please, contact the respective store directly with any questions regarding payments, billing or returns. We do not have control over these processes.

We may charge fees associated with certain Services, including, without limitation, for game purchasing through Awem.com, the downloading of mobile application, and purchasing of Virtual Items. Such products or services will be made available for purchase on specified pages of the site, within the application, or otherwise as indicated through the Services. The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. Your purchase of any game,mobile application, Virtual Item or other content through the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.

When conducting online purchases with Awem, you must provide true, accurate, and complete information about yourself and provide non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or Awem has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Awem has the right to void related financial transactions, to revoke any associated software licenses resulting from such transactions, and to refer to appropriate authorities the details of such incidents.

VII. REFUND AND EXCHANGE POLICY

All purchases of themobile application and Virtual Items made through the Services are final and non-refundable.

You accept full responsibility for confirming that the computer, phone or other device model, and carrier are supported and that the computer, phone or other device has the proper softwareand is compatibleto the products, applications or services purchased, downloaded or otherwise obtained by you through the Services.

The information below applies to purchases made throughwww.awem.com only. When you arerequesting a refund within 14 days of purchase it may be approved by Awem customer service team,provided youhave shown evidence that the case merits the refund. If, despite best attempts to resolve a problem through troubleshooting and investigation, Awem is unable to resolve an issue, we will replace the game with another or refund the game within 14 days of purchase. If you mistakenly purchased a PC version instead of Mac version of the game (or vice-versa) and would like to change it, Awem will offer a full refund for the mistakenly purchased version after you purchase the version (PC or Mac) you need. We also offer refunds on duplicate game orders. Notwithstanding any foregoing provisions,special orders (purchases with coupons applied), Game Packs and Pre-orders are final sales and cannot be refunded. In case you experience a technical problem with a Special order, Game Pack or Pre-order and have contacted our support team about it, giving detailed information about the problem and we couldn’t make it work, we will change it for another product of the same price. We DO NOT normally give refunds in case:
  • You simply change your mind;
  • You make a wrong decision;
  • You do not provide us with detailed information about the problem you experience with the game, which prevents us from investigating the problem and fixing it.

VIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

ALL INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED "AS IS". AWEM HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

AWEM MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION, SOFTWARE OR SERVICES. AWEM MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT THE INFORMATION, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED.

AWEM ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THE SERVICES.IN NO EVENT SHALL AWEM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOSS OF BUSINESS, DATA OR REVENUE, RELIANCE ON THE MATERIALS PRESENTED, DELAYS OR BUSINESS INTERRUPTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT AWEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE DOWNLOADING AND USE OF ANY SOFTWARE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

UNDER NO CIRCUMSTANCES WILL AWEM BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID AWEM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.

Awem does not warrant that the Services will be compatible with all hardware and software which you may use or which may exist or will exist in the future.

You agree to indemnify, defend and hold Awem harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or violation of any term of these Terms of Service

IX. EXTERNAL LINKS AND THIRD PARTY ADVERTISEMENTS



We are not responsible for advertisements and their content, placed by Google, AdMob or by any other online advertising platform on or through the Services. We cannot control how the advertisements are displayed. It depends on algorithms used by online advertising platforms, your geographical location, your search history and other factors.

We are not affiliated with or responsible for, or has any control over websites, resources any third party products, services, promotions or offers contained in any advertisements or links made available to you through the use of the Website. When you click on an ad, follow a link, or engage with a third party service, website, resource you are interacting with the third party, not with us. Your access, purchase or use of any website, product or service, and any information provided by you or collected as a result of such interaction, is done on your own risk and shall be governed by the applicable third party privacy policy, terms of use or other agreements.

You are advised not to provide any personally identifiable information to any third party service unless you know and are comfortable with the party with whom you are interacting.

X.APPLE TERMS

This section of the Terms of Service govern exclusively the terms that must be stated to exclude and disclaim Apple Inc. relation to the iOS and Mac-based Services. All other matters between you and us are governed in other sections of the Terms.

You can only use the theiOS and Mac-based Services, downloaded from the Apple App Store on an Apple-branded device that runs Apple’s proprietary operating system as permitted by the terms and conditions set forth in the Apple App Store Terms of Service.

You understand that your download, installation, access to or use of the iOS and Mac-based Services is also bound by the terms and conditions implemented by Apple Inc.

We and you acknowledge that the Terms of Service are concluded between us and you only, and not with Apple. We, not Apple, are solely responsible for the Services.

We and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS and Mac-based Services.

In the event of any failure of the iOS and Mac-based Services to conform to any applicable warranty, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS and Mac-based Services except for refunding the purchase price for the App to you (if such price was paid). Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be addressed to us, not to Apple.

We and you acknowledge that, in the event of any third party claim that the iOS and Mac-based Services or your possession and use of that Services infringes that third party’s intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service. Upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Service against you as a third party beneficiary thereof.

XI. TERMINATION OF THESE TERMS OF SERVICE

You may terminate these Terms of Service at any time by ceasing to use the Services.

Without limiting other remedies, Awem may suspend or terminate these Terms of Service with you, or may terminate or suspend your use of the Services at any time if: (a) you violate any term of these Terms of Service; (b) you infringe proprietary rights, rights of privacy, or intellectual property rights of any person; (c) required by applicable law; (d) we cease offering the Services.

Upon termination of this Terms of Service all licenses and rights to use the Services shall immediately terminate; you will immediately cease any and all use of the Services.

Any suspension or termination of this Terms of Services will not affect your obligations to Awem under these Terms of Service (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination.

XII. GENERAL PROVISIONS

Entire Agreement. These Terms of Service and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire agreement between you and Awem with respect to the Services.

Severability.In case any or more provisions contained in these Terms of Service shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision of these Terms of Service, and these Terms of Service shall be construed as if such invalid, illegal, or unenforceable provision has never been contained herein.

No Waiver.The failure by Awem to exercise, or delay in exercising, a legal right or remedy provided by these Terms of Service or by law shall not constitute a waiver of Awem’s right or remedy.

Force Majeure.Awem shall not be responsible for any failure to perform its obligations under these Terms of Service if such failure is caused by acts of God, natural disasters, war, acts of terrorism, strikes, revolutions, lack or failure of transportation facilities, lack or failure of public utilities, laws or governmental regulations or other causes that are beyond the reasonable control of Awem.

Choice of Law.You agree that the laws of the Republic of Belarus govern these Terms of Service, its subject matter, any action related to these Terms of Service, and any claim or dispute it may arise, without regard to the conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

LocationforResolvingDisputes. You further agree that any disputes or claims related to these Terms of Servicewill be resolved by a court located in the Republic of Belarus,and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESETERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE APPLICABLE COURTS IN THE REPUBLIC OF BELARUS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

US Legal Compliance. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Support. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.However, subject to the other provisions of this Terms of Service, Awem will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at support@awem.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible

YOU AGREE THAT YOUR USE OF THE INFORMATION, SOFTWARE OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Last updated: August 1, 2013
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