Black Spoon Games

Terms of Use

ABOUT US

Black Spoon Games mobile applications ("Apps" / "APPS") are owned, operated and managed by Bazhin Mikhail Aleksandrovich ("I", "we" / "us" / "our"), a individual entrepreneur, registered in Russian Federation with ID 890510880256.

INTRODUCTION

These terms of use (“Terms”) constitute an agreement between you and us regarding your use of our Apps and the images, logos, music and video content that are incorporated into and form part of our Apps (“App Content”). Please read these Terms and our privacy policy very carefully. You acknowledge and agree that by clicking the “I Accept” in any of our Apps, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms or our Privacy Policy, you are not permitted to install or use any of our Apps. If you download our Apps onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device. Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for ‘example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

USER CONTENT

Any content you upload or create on our Apps will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by uploading or creating content on our Apps, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license for us to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the services that we provide and across different media and to promote our Apps and/or our services; and to third parties including other users of our Apps, our partners and/or our sponsors to use such content for their purposes or in accordance with the functionality of our Apps. In relation to any content you upload or create on our Apps you warrant that:

  • you have the requisite rights, licenses and consents to upload or create such content
  • such content does not infringe the rights (including intellectual property rights) of any third party
  • such content is not defamatory or offensive and will not result in any civil or criminal claim being brought against us by a third party in any jurisdiction
We reserve the right to:
  • disclose your identity to any third party who is claiming that any content uploaded or created by you on our Apps constitutes a violation of their rights (including intellectual property rights);
  • by contacting us or using the functionality of the application, remove any content you upload or create on our Apps, if in our opinion such content does not comply with these Terms.

AVAILABILITY

We will use reasonable endeavours to ensure that our Apps and App Content are available for download and use at all times. However, we do not guarantee that use of or access to our Apps or App Content will always be available and/or uninterrupted.

CONDITIONS OF USE

In return for your agreeing to comply with these Terms you may:

  • download our Apps onto a device and view, use and display our Apps on the device for your personal purposes only
  • use any related documentation to support use of our Apps as permitted by these Terms
  • receive updates to the software code of our Apps via our Apps store that you downloaded our Apps from – these may incorporate patches and corrections of errors as we may provide to you

Your right to use our Apps is personal to you, you may not otherwise transfer our Apps to anyone else for any reason. If you sell or give away any device on which our Apps is installed, you must remove our Apps from it first.

The ways in which you can use our Apps may also be governed the terms of the app store that you downloaded our Apps from. In the event of a conflict between these Terms and the terms of the app store that you downloaded our Apps from, the terms of our Apps store from which you downloaded our Apps shall take priority.

RESTRICTIONS

You must not:

  • copy our Apps except as part of the normal use of our Apps or where it is necessary for the purpose of creating a back-up or operational security
  • modify or translate our Apps in whole or in part, or combine or merge our Apps with any other object code or program
  • reverse engineer, decompile, disassemble, reduce the object code of our Apps to source code form or create (or attempt to create) derivative works based on the whole or any part of our Apps
  • distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our Apps or your right to use our Apps
  • remove, modify, block, disable, obscure or impair any copyright, trademark, or other proprietary notices, material or advertising belonging to us, our licensors or other third parties contained within our Apps
  • do anything that may cause damage to our Apps
  • carry out any harmful or illegal activities using our Apps or use our Apps in any manner not expressly authorized by these Terms

ACCEPTABLE USE

You must:

  • not use our Apps in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously
  • not infringe any rights (including intellectual property rights) belonging to us or any third party in relation to your use of our Apps
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our Apps
  • not use our Apps in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users
  • comply with any applicable third party terms and conditions in respect of your use of our Apps
  • not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from our servers

APP CONTENT

The App Content may include trademarks or copyright material owned by us or third parties. The App Content includes the images, logos, music and video content that are incorporated into and form part of our Apps. The term App Content also includes any part of any of the App Content, or any assemblage, deviation, manipulation, modification, screen print or copy of, or derivative work based on or including any of the App Content. The App Content may only be used as part of our Apps and may not be used independently.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in our Apps, App Content and related documentation throughout the world belong to us and our licensors and the rights in our Apps are licensed (not sold) to you. You have no intellectual property rights in, or to, our Apps or related documentation other than the right to use them in accordance with these Terms.

YOUR PRIVACY

We only use any personal data we collect through your use of our Apps in the ways set out in our Privacy Policy which can be found here.

THIRD PARTY WEBSITES

You acknowledge that our Apps may contain links to third party websites (whether by way of advertisements or otherwise) that are not owned or controlled by us. Such links are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and as a result we do not accept responsibility for the availability, suitability, reliability or content of such third party websites. Our inclusion of such hyperlinks in our Apps does not imply any endorsement of the material or the views expressed within them.

SUPPORT

If you think our Apps is faulty or misdescribed please contact us using the link at the header of the site.

ADVERTISING AND MONETISATION

You acknowledge that our Apps and the App Content may be supported by advertising revenues and we may place advertising, promotions or sponsored content on our Apps or on, about, or in conjunction with the App Content. You acknowledge that we may not always identify advertising, promotions and sponsored content and the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within our Apps.

CHANGES TO THESE TERMS

We may change these Terms from time to time. You are advised to review this page periodically for any changes. These changes are effective immediately after they are posted on this page.

TERMINATION

These Terms apply from the moment you click “I accept” on any of our Apps you launch and will remain in full force and effect as long as you use our Apps until terminated. We reserve the right to terminate these Terms and your use of our Apps Without giving reasons

We may discontinue licensing any of the App Content at any time at our sole discretion. In this instance you will be able to continue to use our Apps with the App Content, but it will no longer be available on app stores and will no longer be supported by us.

You can terminate these Terms by ceasing to use our Apps and deleting or uninstalling Apps from your device.

USAGE RESTRICTIONS

Use of Apps is limited to users aged 13 years and above, except in European Economic Area (“EEA”), where the Services are limited to users aged 16 years and above.

GENERAL

These Terms are governed by Russian Federation law (including non-contractual disputes or claims) and legal proceedings in respect of these Terms and our Apps shall be dealt with exclusively by the Russian Federation courts. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions which will remain in full force and effect. Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.

WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF APPS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, APPS ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. WE, OUR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. WE DO NOT WARRANT THAT APPS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT APPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING APPS TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM APPS.

CONTACTS

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