End User License Agreement
Last Updated: May 27, 2024
This End User License Agreement (“Terms”) are between you (or “User”) and Elegant Develop Publisher (“Elegant Develop,” “we,” “us,” or “our”). These Terms govern your access to and use of platform (the “Platform”), games available through the Platform (the “Games”), websites for the Platform and Games (the “Websites”) and related PC and Mobile applications (the “Apps”), and any online location operated by us that links to these Terms (collectively, the “Services”).
Eligibility
You may use the Services only if you can form a binding contract with us and are not barred from receiving the Services under the laws of any applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You shall not use the Services if you are under age 18 without parental consent or have previously been banned from using the Services. If you are under age 18, you represent that you have your parent or guardian’s permission to use the Apps, please have them read these Terms with you. If you are a parent or legal guardian of a User under age 18, you are subject to these Terms and responsible for your child’s activities on the Apps.
You need certain minimum hardware and software capability (including a suitable connection to the Internet) to use the Services. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Services.
Agreement to Terms
When starting to use any of the Services and/or its individual functions, or by completing the registration procedure, the User accepts the terms of the Agreement in full, without any reservations or exceptions.
By accepting these Terms, you agree to be bound by these Terms. The Services that Elegant Develop provides are always evolving and the form and nature of the Services may change from time to time. As a result, we may need to amend these Terms from time to time. That being said, we will provide you with notice of such changes to the Terms through the Services, or through any other appropriate measures as determined by us in our sole discretion. If you continue to use the Services for 30 days after such notice we will take this as you accepting them. If you do not accept the changes, you can terminate your agreement with us within 30 days of receipt of notice of the proposed changes.
Elegant Develop may from time to time need to modify or stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally; although Elegant Develop will use commercially reasonable efforts to provide notice to you, Elegant Develop T may not be able to provide you with prior notice. If you continue using the Services for 30 days after any such modifications, we will assume you have accepted them (this includes updates). We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Registration
If you want to use certain features of the Services, you need to create an account and become a registered User. It’s important that you provide us with accurate, complete, and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete, and up to date. If you do not, we may have to suspend or terminate your account. We reserve the right to force forfeiture of any username for any reason or to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a User prove to be false.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. We are not liable for any loss or damage arising from your failure to comply with the above requirements. You are responsible for all activities that occur under your account, whether or not you know about them. If your account is hacked or any third parties use your account, then you shall immediately notify us and follow our instructions. We may restrict usage of such account in our sole discretion.
Our use of your information is subject to our Privacy Policy.
Advertisements
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Elegant Develop granting you access to and use of the Services, you agree that Elegant Develop and its subsidiary, third party providers, and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
We may provide patches, updates, or upgrades to the Services that must be installed for you to continue to use the Services. Although we will use commercially reasonable efforts to notify you, we may update the Services remotely without notifying you, and apply patches, updates, and upgrades. We may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Services at any time. You acknowledge that your use of the Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Services, including but not limited to (where applicable) any rewards, or Content (save for where it is your own User Content). You also acknowledge that any data, customization, or other data related to your use of the Services may cease to be available to you at any time without notice, including without limitation after a patch, update, or upgrade is applied. We do not have any maintenance or support obligations with respect to the Services.
Neither App Currency nor Content are redeemable for money or monetary value from Elegant Develop or any other person. App Currency and Content do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither Elegant Develop nor any other person or entity has any obligation to exchange App Currency or Content for anything of value, including, but not limited to, real currency.
Elegant Develop, in its sole discretion, has the absolute right to manage, modify, substitute, replace, suspend, cancel or eliminate App Currency or Content, including your ability to access or use App Currency or Content, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent App Currency or Content except within the Services and as expressly permitted by Elegant Develop.
Except as otherwise prohibited by applicable law or these Terms, Elegant Develop reserves and retains all rights, title, and interest, property or otherwise, in and to the App Currency and Content.
The Services contain: (i) materials and other items relating to Elegant Develop and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Elegant Develop; and (iii) other forms of intellectual property (collectively, “Content”). All right, title, and interest in and to the Services and the Content are the property of Elegant Develop or our licensors or certain other third parties, and is protected by applicable copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
“User Content” means: any Content that is provided by you or on your behalf or import to be made available through the Services.
Ownership and License
Elegant Develop and its licensors own all title, ownership rights, and intellectual property rights in and to the Services (excluding the User Content), Elegant Develop, the Games, and their respective intellectual property rights.
All rights granted to you under these Terms are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
Subject to your compliance with these Terms, Elegant Develop grants you a limited, non-exclusive, revocable, personal, non-perpetual, non-transferable license to access and view the Content posted by other Users via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes conditional on your compliance with these Terms.
Elegant Develop does not claim any ownership rights in any User Content. Subject to the license you grant to Elegant Develop according to these Terms, you retain your rights to any User Content you submit, post, or display on or through the Services. Subject to your ownership of your User Content, all right, title, and interest in and to the Services and Content are and will remain the exclusive property of Elegant Develop and its licensors (including other Users). The Services are protected by copyright, trademark, and other applicable laws. Elegant Develop reserves all rights not specifically granted in these Terms.
To make the User Content available to you and other Users, Elegant Develop needs a license from you. By submitting, posting, or displaying User Content on or through the Services, you grant us a worldwide, permanent, sub-licensable, non-exclusive, irrevocable, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, translate, transmit, create derivative works from, display and distribute such User Content in any and all media or distribution methods (now known or later developed).
We may modify or adapt your User Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services, or media.
Rights in App Granted by Elegant Develop
Subject to your compliance with these Terms, Elegant Develop grants you a limited, non-exclusive, revocable, personal, non-perpetual non-transferable, non-sublicensable license to download and install a copy of the App on any mobile device or computer that you own or control and to run that copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as specifically described in these Terms, you cannot:
Elegant Develop reserves all rights in and to the App.
Responsibility for User Content
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated the User Content. We may (but are not required to) monitor or control User Content posted via the Services however we cannot take responsibility for such User Content. Any use or reliance on any User Content made available via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services. We also do not endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to User Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Elegant Develop be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You are responsible for your User Content, so please do not make objectionable content available on or through the Services. You should only provide User Content that you are comfortable sharing with others under these Terms. 'Objectionable content' includes any content that is defamatory or in breach of any contractual duty or any obligation of confidence, is infringing of any privacy or intellectual property rights, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence, terrorism or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable.
If you do, we may have to take it down. Elegant Develop may at any time screen, remove, delete, block, or refuse to publish User Content that violates this Agreement or is otherwise objectionable as determined in Elegant Develop’s sole discretion and without prior notice or any liability to You or any third party. If You provide User Content, You may only use the tools that Elegant Develop provides through the normal functionality of the Service to remove or modify that specific type of User Content. You understand that you may be exposed to User Content from a variety of sources when using the Services and acknowledge that User Content may be inaccurate, offensive, indecent, or otherwise objectionable. You agree that Elegant Develop shall not be responsible or liable for your or others’ User Content or for any use of your User Content by Elegant Develop in accordance with these Terms. Complaints about any Content must be submitted to elegdev@outlook.com and must contain details of the specific Content giving rise to the complaint.
To the fullest extent permitted by law, You waive and agree to waive all rights of authorship, paternity, attribution, integrity, disclosure, withdrawal, and any other rights that are known or referred to as “moral rights”, “artist’s rights”, “droit moral”, or other similar rights, recognized under any legal or equitable theory of any country or under any treaty, regardless of whether that right is referred to as a “moral right” (collectively “Moral Rights”) in and to your User Content. You further knowingly and irrevocably agree to not exercise any Moral Rights in and to your User Content that You have not waived in any manner that interferes with any exercise of granted rights. You waive and agree not to assert your Moral Rights even if your User Content is altered or changed in a manner not agreeable to you.
Elegant Develop does not allow intellectual-property infringement activities through the Services. You may not and agree not to create, generate, or make available through the Services any User Content to which you do not have the right to grant Elegant Develop such license in all of the elements (including the licensed music) of the User Content.
If you do choose to create, generate, or make available your User Content through the Services, you are solely responsible for your User Content and represent and warrant that:
iii. impersonate any person or entity or otherwise misrepresent your relationship with any person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Feedback
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Elegant Develop, or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation or payment to you.
If you accessed or downloaded the App from any app store or distribution platform (like the such as Apple App Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:
If you accessed or downloaded the App from the Apple App Store, then you also agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” stated in the Apple Store Terms of Service.
We reserve the right (but will not have the obligation) to access, read, preserve, and disclose any information as we reasonably believe necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms, including investigation of potential violations of the Terms, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Elegant Develop, its Users and the public. Elegant Develop does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the Services:
Elegant Develop respects copyright law and expects you and its Users to do the same. It is Elegant Develop’s policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. We may in our sole discretion limit access to the Services and/or update, transfer, suspend, or terminate the accounts of any Users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.
If you believe your intellectual property has been used on the Services in a way that constitutes copyright infringement, please submit a notice of alleged infringement to the designated agent via email address: elegdev@outlook.com.
Please include the following in your notice:
The Terms will continue to apply until terminated by either you or Elegant Develop as follows:
If we or you terminate these Terms, we will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. Upon termination (whether by you or by us), all rights and obligations under these Terms shall end. The following Sections shall continue to apply: 3, 4, 6 (excluding your license to use the Services will shall terminate with these Terms), 7, 8, 9, 10, 11, and 12.
Nothing in this Section 8 shall affect Elegant Develop’s rights to change, limit or stop the provision of the Services without prior notice in accordance with this Section 8.
You will indemnify and hold harmless Elegant Develop and its affiliates, parents, subsidiaries, and each of their officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal, attorney, and accounting fees arising out of or in any way connected with (i) your any unauthorized access to or use of the Services or Content by you, (ii) your User Content, or (iii) your violation of these Terms.
Please read this Section 10 carefully since it limits the liability of Elegant Develop and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (all together, the “Elegant Develop Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this Section 10 is intended to limit any rights you may have which may not be lawfully limited.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAWS, ELEGANT DEVELOP ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Elegant Develop Entities make no warranty and to the maximum extent possible under applicable laws disclaim all responsibility and liability for: (i) the merchantability, quality, fitness for purpose, completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content (including without limitation any unlawful use of the Services); (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Elegant Develop Entities or through the Services, will create any warranty not expressly made in these Terms.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Elegant Develop Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
No Assignment
You may not, without the prior written consent of Elegant Develop, assign, transfer, charge, or sub-contract all or any of your rights or obligations under these Terms, and any attempt without that consent will be null and void. If restrictions on transfer of the Services under these Terms are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Services. Elegant Develop may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ELEGANT DEVELOP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY BUSINESS LOSSES, LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
Failure by Elegant Develop to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Elegant Develop’s 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 a duly authorized representative of Elegant Develop. Except as specifically stated 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. You may not assign or transfer these Terms, by operation of law or otherwise, without Elegant Develop’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Elegant Develop 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.
Any notices or other communications provided by Elegant Develop under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. These Terms and our Privacy Policy are the entire and exclusive agreement between Elegant Develop and you regarding the Services (excluding any services for which you have a separate agreement with Elegant Develop that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Elegant Develop and you regarding the Services and Content.
These Terms are made in English, and any translation hereof is provided for reference only. In the case of any discrepancy between the English version and any translation, the English version shall prevail.
These Services are operated and provided by Elegant Develop. If you have any questions about these Terms, please contact us at elegdev@outlook.com.