USER AGREEMENT
Users are obliged to fully familiarize themselves with this User Agreement (the Agreement) before registering in the First Gadget mobile application (the Application). Registration of Users in the Application means the full and unconditional acceptance by Users of this Agreement in accordance with.
IF YOU DOWNLOAD, COPY OR USE THE FIRST GADGET MOBILE APP OR PARTS OF IT IN ANY OTHER PERMITTED WAY, BY SUCH ACTIONS YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS AGREEMENT, THE POLICY FOR THE PROCESSING AND PROTECTION OF PERSONAL DATA AND ANY OTHER THE DOCUMENTS PLACED IN THE "LEGAL INFORMATION" SECTION OF THE APPLICATION AND OTHER DOCUMENTS REFERRED TO IN THIS AGREEMENT, WITHOUT EXCEPTIONS THEIR VIOLATION.
This Agreement is a legally binding agreement between the User and the Application Administrator (also We, Us, theCopyright Holder), the subject of which is the provision by the Application Administrator to the User of access to the use of the Application and its functionality.
IF YOU DOWNLOAD, COPY OR USE THE FIRST GADGET MOBILE APP OR PARTS OF IT IN ANY OTHER PERMITTED WAY, BY SUCH ACTIONS YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS AGREEMENT, THE POLICY FOR THE PROCESSING AND PROTECTION OF PERSONAL DATA AND ANY OTHER THE DOCUMENTS PLACED IN THE "LEGAL INFORMATION" SECTION OF THE APPLICATION AND OTHER DOCUMENTS REFERRED TO IN THIS AGREEMENT, WITHOUT EXCEPTIONS THEIR VIOLATION.
This Agreement is a legally binding agreement between the User and the Application Administrator (also We, Us, theCopyright Holder), the subject of which is the provision by the Application Administrator to the User of access to the use of the Application and its functionality.
TERMS USED IN THIS AGREEMENT:
Mobile application "First Gadget" (the "Application") - a computer program containing educational content, games, videos and other related services, allowing Users who have installed this Application on their mobile smart device to use its functionality.
Copyright Holder and / or Application Administrator – the legal entity who owns the exclusive right to the Application being DC SPORT SOFT LTD, a company established under the laws of the Republic of Cyprus with registration number HE 435853 and having its registered office at: Sotiri Tofini 4, Mezzanine Floor, Office C, Ayios Athanasios, 4102, Limassol, Cyprus. With regard to the functioning of the Application, the Administrator is guided by the applicable legislation of the Republic of Cyprus and more specifically:
(i) the General Regulation of the Protection of Personal Data of the European Union (Regulation EU 2016/679) as amended from time to time (the Regulation);
(ii) the Law providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of such Data of 2018 in the Republic of Cyprus (Law 125(I)/2018) (the Law);
(iii) The Intellectual Property Law 59/76 of the Republic of Cyprus (as amended by Laws 63/77, 18/93, 54/99, 12/2001, 128/2002 & 2004, 123/2006 and 181/2007);
(iv) The Patent Rights Law 16 (I) 1998 of the Republic of Cyprus as amened;
(v) The Trademarks Law Cap 268 (as amended by Laws 63/62, 69/71, 206/90 & Circular No 5062) of the Republic of Cyprus;
(vi) as well as this Agreement and any other special documents, internal policies and regulations that are developed or may be developed and adopted by the Administrator in order to regulate the provision of access to the functionality of the Application to Users.
None of the provisions of this Agreement grant the User the right to use the trade name, trademarks, domain names and other distinguishing marks of the Right Holder of the Application.
User - an individual who has installed the Application on his mobile smart device, duly accepted the terms of this Agreement, agreed to comply with the terms of this Agreement and the processing of personal data. Application Users are Parents of minor Users (any child below the age of 13).
Parent - an individual, the Application User, who accesses the Application for the purpose of assisting a minor (any child below the age of 13) in obtaining access to the Application, as well as obtaining information about the results of the minor's use of the Application. For the purposes of this Agreement, Parent means the legal representative of a minor (a parent, guardian or custodian of a minor who acts on his behalf and in his interests).
Profile - a section of the Application available to the User after completing the registration procedure, allowing the User to manage his account and perform actions aimed at using the functionality of the Application.
Account - a set of data about the User, necessary for his identification (authentication) and granting access to the Application, communication with the Copyright Holder, obtaining information.
Mobile device - any user smart device that meets the following requirements: a) the device allows you to receive mobile ̆ radiotelephone ̆ communications and telematic communications services; b) with an installed operating system ̆ Android or iOS with the appropriate technical specifications.
Personalization is the loading of data necessary for the identification of the User, carried out using the Mobile Application, as a result of which the User will be able to use the Mobile Application for its intended purpose.
Identification data - login and password, as well as other data (access codes, etc.), the introduction of which by the User allows the User to be authenticated. The procedure for assigning and (or) obtaining identification data is specified in this Agreement and (or) in the Application menu.
Creating a Profile /Registration in the Application - a set of activities and actions performed by the User to enter the necessary data in the relevant fields of the Application. Creating a profile/Registration by the User in the Application means confirmation by the User of compliance with the requirements for the User and for the Mobile Device set forth in this Agreement.
License fee - a fee payable by the User to the Copyright Holder for granting the right to use the functionality of the Application in accordance with the tariff plan. The right holder determines the period of access and the cost of each tariff plan separately. Payment of the license fee within the framework of the tariff plan is made in the order of advance payment. The Rightholder has the right to change tariff plans and the conditions for their provision to Users unilaterally. At the same time, the access period and the amount of the fee corresponding to the access period are not subject to change in relation to the actually paid license fee within the framework of the tariff plan for the corresponding access period, provided that it is paid before the entry into force of the new conditions on the access period and the cost of the tariff plan.
Tariff plan – a set of Application Options. The right holder of the service determines the period of access and the cost of each Tariff plan separately. The tariff plan implies different levels of Subscription. Payment for the Tariff plan is made in the order of advance payment.
Any terms and concepts used in the Agreement and not reflected in the "Terms" section will be interpreted in accordance with the meaning arising from the text of the Agreement. In the event of any disagreement regarding the interpretation of the term and (or) definition used in the Agreement, the interpretation determined by the customs of business and the legislation of the Republic of Cyprus will be applied.
Unless the context otherwise requires, in this Agreement, the terms mentioned in the singular shall equally refer to the same terms in the plural, and vice versa.
Mobile application "First Gadget" (the "Application") - a computer program containing educational content, games, videos and other related services, allowing Users who have installed this Application on their mobile smart device to use its functionality.
Copyright Holder and / or Application Administrator – the legal entity who owns the exclusive right to the Application being DC SPORT SOFT LTD, a company established under the laws of the Republic of Cyprus with registration number HE 435853 and having its registered office at: Sotiri Tofini 4, Mezzanine Floor, Office C, Ayios Athanasios, 4102, Limassol, Cyprus. With regard to the functioning of the Application, the Administrator is guided by the applicable legislation of the Republic of Cyprus and more specifically:
(i) the General Regulation of the Protection of Personal Data of the European Union (Regulation EU 2016/679) as amended from time to time (the Regulation);
(ii) the Law providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of such Data of 2018 in the Republic of Cyprus (Law 125(I)/2018) (the Law);
(iii) The Intellectual Property Law 59/76 of the Republic of Cyprus (as amended by Laws 63/77, 18/93, 54/99, 12/2001, 128/2002 & 2004, 123/2006 and 181/2007);
(iv) The Patent Rights Law 16 (I) 1998 of the Republic of Cyprus as amened;
(v) The Trademarks Law Cap 268 (as amended by Laws 63/62, 69/71, 206/90 & Circular No 5062) of the Republic of Cyprus;
(vi) as well as this Agreement and any other special documents, internal policies and regulations that are developed or may be developed and adopted by the Administrator in order to regulate the provision of access to the functionality of the Application to Users.
None of the provisions of this Agreement grant the User the right to use the trade name, trademarks, domain names and other distinguishing marks of the Right Holder of the Application.
User - an individual who has installed the Application on his mobile smart device, duly accepted the terms of this Agreement, agreed to comply with the terms of this Agreement and the processing of personal data. Application Users are Parents of minor Users (any child below the age of 13).
Parent - an individual, the Application User, who accesses the Application for the purpose of assisting a minor (any child below the age of 13) in obtaining access to the Application, as well as obtaining information about the results of the minor's use of the Application. For the purposes of this Agreement, Parent means the legal representative of a minor (a parent, guardian or custodian of a minor who acts on his behalf and in his interests).
Profile - a section of the Application available to the User after completing the registration procedure, allowing the User to manage his account and perform actions aimed at using the functionality of the Application.
Account - a set of data about the User, necessary for his identification (authentication) and granting access to the Application, communication with the Copyright Holder, obtaining information.
Mobile device - any user smart device that meets the following requirements: a) the device allows you to receive mobile ̆ radiotelephone ̆ communications and telematic communications services; b) with an installed operating system ̆ Android or iOS with the appropriate technical specifications.
Personalization is the loading of data necessary for the identification of the User, carried out using the Mobile Application, as a result of which the User will be able to use the Mobile Application for its intended purpose.
Identification data - login and password, as well as other data (access codes, etc.), the introduction of which by the User allows the User to be authenticated. The procedure for assigning and (or) obtaining identification data is specified in this Agreement and (or) in the Application menu.
Creating a Profile /Registration in the Application - a set of activities and actions performed by the User to enter the necessary data in the relevant fields of the Application. Creating a profile/Registration by the User in the Application means confirmation by the User of compliance with the requirements for the User and for the Mobile Device set forth in this Agreement.
License fee - a fee payable by the User to the Copyright Holder for granting the right to use the functionality of the Application in accordance with the tariff plan. The right holder determines the period of access and the cost of each tariff plan separately. Payment of the license fee within the framework of the tariff plan is made in the order of advance payment. The Rightholder has the right to change tariff plans and the conditions for their provision to Users unilaterally. At the same time, the access period and the amount of the fee corresponding to the access period are not subject to change in relation to the actually paid license fee within the framework of the tariff plan for the corresponding access period, provided that it is paid before the entry into force of the new conditions on the access period and the cost of the tariff plan.
Tariff plan – a set of Application Options. The right holder of the service determines the period of access and the cost of each Tariff plan separately. The tariff plan implies different levels of Subscription. Payment for the Tariff plan is made in the order of advance payment.
Any terms and concepts used in the Agreement and not reflected in the "Terms" section will be interpreted in accordance with the meaning arising from the text of the Agreement. In the event of any disagreement regarding the interpretation of the term and (or) definition used in the Agreement, the interpretation determined by the customs of business and the legislation of the Republic of Cyprus will be applied.
Unless the context otherwise requires, in this Agreement, the terms mentioned in the singular shall equally refer to the same terms in the plural, and vice versa.
1. SUBJECT OF THE AGREEMENT
1.1. This Agreement is a public offer concluded between the User and the Administrator of the Application, which on a reimbursable basis (it is possible to use the Application free of charge, depending on the tariff plan, the terms of which are contained in the Application and may be changed by the Copyright Holder at any time ) provides in accordance with this Service User Agreement and the right to use the Application under the terms of a simple non-exclusive license. The use of materials and services of the Application is governed by the norms of the current and applicable legislation of the Republic of Cyprus. The right to use the Application is granted to the User without the right to sublicence. The Copyright Holder grants the User the right to use the Application by obtaining remote access to it via the Internet (method of use).
1.2. This Agreement applies to all versions of the Application in the version used by the User, including all future versions and updates, unless a separate agreement is required to use such a version. The Application is designed for mobile devices running Android (version 5.1. or later) and Apple iOS (iOS 11 or later).
1.3. As between the Application Administrator and the Users, the services (including past, present, and future versions of the Application) are owned and controlled by the Application Administrator and their Content is protected by national and European copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. Content means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Application and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to the Application Administrator and the products and services of the Application Administrator, including, without limitation, all activities, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, Trademarks); and (iii) other forms of intellectual property.
1.4. Parents hereby agree, represent and warrant that all activities performed by a minor while using the Application will be pre-approved by Parents. This establishes the presumption of approval by the Parents of all the actions of a minor, carried out by the latter when using the Application.
1.5. The Parents hereby represent and warrant to the Copyright Holder that they will supervise the actions of minors when using the Application. All actions of minors will be performed under the direct control of the Parents, with their unconditional consent and approval.
1.6. The Parent undertakes not to allow the use of the Application by minors without the consent and approval of the Parent. The Parent undertakes to supervise every instance of the use of the Application by a minor. The Parent bears all the consequences of non-compliance with such a condition. The Parent acknowledges and agrees that the Copyright Holder cannot control and assumes no obligation to control the minor's access to the Program. All actions committed by a minor create rights and obligations for his Parents, who are his legal representatives.
1.7. The period of validity of granting the right to use the Application under this Agreement begins the moment when the User accepts this Agreement in accordance with clause 1.9 of this Agreement, and ends on one of the following dates, whichever comes first: the date the User deletes the Profile or the date of termination of the present Agreement.
1.8. If the User, when registering or further uses the functions and services of the Application, provides incorrect information, or the Application Administrator has reason to believe that the information provided by the User is incomplete and / or unreliable, or if the User tries to circumvent any technical means of protection used in connection with with the Application, or will otherwise use the Application in violation of the rules established by this Agreement, the Application Administrator has the right, at its discretion, to block access to the User Account or to the Application as a whole for the User and refuse the relevant User to use the Application with or without prior notice.
1.9. This Agreement applies to all Users of the Application, regardless of the purpose of its use. This Agreement is considered concluded between the User and from the moment of registration in the Application. Checking the box "I agree to the processing of my personal data in accordance with the Privacy Policy and accept the terms of the User Agreement" at the time of clicking the "Register" / " Continue" button indicates the User's full and unconditional consent to this Agreement. In case of disagreement with the Agreement, the User should not register in the Application. The territory of use of the Application is the whole world.
1.1. This Agreement is a public offer concluded between the User and the Administrator of the Application, which on a reimbursable basis (it is possible to use the Application free of charge, depending on the tariff plan, the terms of which are contained in the Application and may be changed by the Copyright Holder at any time ) provides in accordance with this Service User Agreement and the right to use the Application under the terms of a simple non-exclusive license. The use of materials and services of the Application is governed by the norms of the current and applicable legislation of the Republic of Cyprus. The right to use the Application is granted to the User without the right to sublicence. The Copyright Holder grants the User the right to use the Application by obtaining remote access to it via the Internet (method of use).
1.2. This Agreement applies to all versions of the Application in the version used by the User, including all future versions and updates, unless a separate agreement is required to use such a version. The Application is designed for mobile devices running Android (version 5.1. or later) and Apple iOS (iOS 11 or later).
1.3. As between the Application Administrator and the Users, the services (including past, present, and future versions of the Application) are owned and controlled by the Application Administrator and their Content is protected by national and European copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. Content means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Application and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to the Application Administrator and the products and services of the Application Administrator, including, without limitation, all activities, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, Trademarks); and (iii) other forms of intellectual property.
1.4. Parents hereby agree, represent and warrant that all activities performed by a minor while using the Application will be pre-approved by Parents. This establishes the presumption of approval by the Parents of all the actions of a minor, carried out by the latter when using the Application.
1.5. The Parents hereby represent and warrant to the Copyright Holder that they will supervise the actions of minors when using the Application. All actions of minors will be performed under the direct control of the Parents, with their unconditional consent and approval.
1.6. The Parent undertakes not to allow the use of the Application by minors without the consent and approval of the Parent. The Parent undertakes to supervise every instance of the use of the Application by a minor. The Parent bears all the consequences of non-compliance with such a condition. The Parent acknowledges and agrees that the Copyright Holder cannot control and assumes no obligation to control the minor's access to the Program. All actions committed by a minor create rights and obligations for his Parents, who are his legal representatives.
1.7. The period of validity of granting the right to use the Application under this Agreement begins the moment when the User accepts this Agreement in accordance with clause 1.9 of this Agreement, and ends on one of the following dates, whichever comes first: the date the User deletes the Profile or the date of termination of the present Agreement.
1.8. If the User, when registering or further uses the functions and services of the Application, provides incorrect information, or the Application Administrator has reason to believe that the information provided by the User is incomplete and / or unreliable, or if the User tries to circumvent any technical means of protection used in connection with with the Application, or will otherwise use the Application in violation of the rules established by this Agreement, the Application Administrator has the right, at its discretion, to block access to the User Account or to the Application as a whole for the User and refuse the relevant User to use the Application with or without prior notice.
1.9. This Agreement applies to all Users of the Application, regardless of the purpose of its use. This Agreement is considered concluded between the User and from the moment of registration in the Application. Checking the box "I agree to the processing of my personal data in accordance with the Privacy Policy and accept the terms of the User Agreement" at the time of clicking the "Register" / " Continue" button indicates the User's full and unconditional consent to this Agreement. In case of disagreement with the Agreement, the User should not register in the Application. The territory of use of the Application is the whole world.
2. TERMS OF USE OF THE APP
2.1. The use of the functionality of the Application is possible only if the User agrees with the offers of the Copyright Holder, links to which will be provided when the User tries to use the corresponding functionality of the Application.
2.2. The User undertakes to independently monitor the relevance of this Agreement, the content of which may change, incl. be supplemented. The current version of the Agreement is permanently posted at the address on the Internet: https://1-gadget.com/user_agreement. The risk of untimely familiarization of the User with the terms of the Agreement lies with the User. Versions (releases) Applications may be updated. The User undertakes to independently monitor versions (releases) of the Application and install updated versions (releases) of the Application on his Mobile smart device. Incorrect operation of the Application and other adverse consequences caused by the outdated version of the Application on the User's mobile smart device are borne by the User. If the User disagrees with the terms of this Agreement, the use of the Application must be immediately terminated.
2.3. By agreeing to the terms of this Agreement, the User confirms his legal and legal capacity, as well as the accuracy of the data entered by him during registration, and assumes full responsibility for their accuracy, completeness and reliability.
2.4. The user assumes all possible risks associated with the mistakes he made and inaccuracies in the data provided, incl. when entering identification data in the process of using the functionality of the Application.
2.5. To use the Application for its intended purpose, the User creates his personal Profile / account: indicates personal data (full name, phone number, email address, social network data). The User is solely responsible for maintaining the confidentiality of registration information, and for all uses of registration information, as well as for actions that occur through his Profile. The user must not share the account or login information, allow anyone else to access the account, or do anything else that could compromise the security of the account.
2.6. The User is warned that access to the Services is provided solely for private, non-commercial use, and does not imply the right to distribute or copy any Content belonging to the Service.
2.7 The User by agrees that he / she will not: (i) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that (a) attempt to or do harm to the Application Administrator, the Application, or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of privacy, right of publicity, trade secret right, or other proprietary right; (ii) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Application, install any software, file, or code on the Application that is not authorized by the Application Administrator or attempt to do so; (iii) engage in any activity (other than the use of specific features of the Application) that interferes with a User’s access to the Application or the proper operation of the Application; (iv) access or collect information from the Application using automated means (such as through scripts, robots scrapers, or spiders); (v) use any meta tags or other “hidden text” utilizing any of our Trademarks; (vi) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Application or its Content; (vii) use the Application for commercial or political purposes; (viii) disclose, harvest, or otherwise collect information, including email addresses or other private information about any third party, including minor Users, without that party’s (or for minor Users, their Parent or legal guardian’s) express consent; or (ix) otherwise violate this Agreement, or solicit, encourage, or facilitate anyone else to do so.
2.8 When using the functionality of and linking to the Application, the User must adhere to the following requirements: (i) the link to the Application must not damage, disparage, present false information about or tarnish the goodwill associated with any of the Trademarks, products, services and/or intellectual property of the Application Administrator; (ii) the link to the Application must not create the false appearance that a User’s website and/or organization is sponsored by, endorsed by, affiliated with, or associated with the Application Administrator; (iii) and Users may not link to the Application from a website that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory; or that we otherwise deem inappropriate in our sole discretion. The Application Administrator reserves the right to prohibit linking to the Application for any reason, in its sole and absolute discretion, even if the linking complies with the requirements described above.
2.1. The use of the functionality of the Application is possible only if the User agrees with the offers of the Copyright Holder, links to which will be provided when the User tries to use the corresponding functionality of the Application.
2.2. The User undertakes to independently monitor the relevance of this Agreement, the content of which may change, incl. be supplemented. The current version of the Agreement is permanently posted at the address on the Internet: https://1-gadget.com/user_agreement. The risk of untimely familiarization of the User with the terms of the Agreement lies with the User. Versions (releases) Applications may be updated. The User undertakes to independently monitor versions (releases) of the Application and install updated versions (releases) of the Application on his Mobile smart device. Incorrect operation of the Application and other adverse consequences caused by the outdated version of the Application on the User's mobile smart device are borne by the User. If the User disagrees with the terms of this Agreement, the use of the Application must be immediately terminated.
2.3. By agreeing to the terms of this Agreement, the User confirms his legal and legal capacity, as well as the accuracy of the data entered by him during registration, and assumes full responsibility for their accuracy, completeness and reliability.
2.4. The user assumes all possible risks associated with the mistakes he made and inaccuracies in the data provided, incl. when entering identification data in the process of using the functionality of the Application.
2.5. To use the Application for its intended purpose, the User creates his personal Profile / account: indicates personal data (full name, phone number, email address, social network data). The User is solely responsible for maintaining the confidentiality of registration information, and for all uses of registration information, as well as for actions that occur through his Profile. The user must not share the account or login information, allow anyone else to access the account, or do anything else that could compromise the security of the account.
2.6. The User is warned that access to the Services is provided solely for private, non-commercial use, and does not imply the right to distribute or copy any Content belonging to the Service.
2.7 The User by agrees that he / she will not: (i) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that (a) attempt to or do harm to the Application Administrator, the Application, or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of privacy, right of publicity, trade secret right, or other proprietary right; (ii) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Application, install any software, file, or code on the Application that is not authorized by the Application Administrator or attempt to do so; (iii) engage in any activity (other than the use of specific features of the Application) that interferes with a User’s access to the Application or the proper operation of the Application; (iv) access or collect information from the Application using automated means (such as through scripts, robots scrapers, or spiders); (v) use any meta tags or other “hidden text” utilizing any of our Trademarks; (vi) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Application or its Content; (vii) use the Application for commercial or political purposes; (viii) disclose, harvest, or otherwise collect information, including email addresses or other private information about any third party, including minor Users, without that party’s (or for minor Users, their Parent or legal guardian’s) express consent; or (ix) otherwise violate this Agreement, or solicit, encourage, or facilitate anyone else to do so.
2.8 When using the functionality of and linking to the Application, the User must adhere to the following requirements: (i) the link to the Application must not damage, disparage, present false information about or tarnish the goodwill associated with any of the Trademarks, products, services and/or intellectual property of the Application Administrator; (ii) the link to the Application must not create the false appearance that a User’s website and/or organization is sponsored by, endorsed by, affiliated with, or associated with the Application Administrator; (iii) and Users may not link to the Application from a website that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory; or that we otherwise deem inappropriate in our sole discretion. The Application Administrator reserves the right to prohibit linking to the Application for any reason, in its sole and absolute discretion, even if the linking complies with the requirements described above.
3. ORDER OF PAYMENT OF THE LICENSE REMUNERATION.PRICING PLANS
3.1. Payment of the License Fee is made by the User by non-cash payment from a bank card, the details of which are indicated by the User in the Application and linked to the User's personal Profile, or in another way indicated on the payment page.
3.2. Bank card data can be linked to the Application at the moment the User switches to payment and enters bank card data (number, card expiration date, cardholder name, security code (CVV/CVC).
3.3. The User certifies that the bank card details specified by him in accordance with clause 3.2 of this Agreement are complete, valid and reliable. The User also confirms that the bank card, the details of which were specified by the User in accordance with clause 3.2 of this Agreement, was issued in his name (User's name). The User guarantees compliance with the requirements and conditions of payment systems and the requirements of the issuing bank that issued the Linked Card.
3.4. In cases determined by the current and applicable legislation in the Republic of Cyprus, in case of non-cash payment, the cashier's check is sent to the email address specified by the User when paying.
3.5. In order to acquire the right to use the functionality of the Application, regardless of the terms of payment, the User links his bank card to his Profile. The Application has the right to deduct the amount of the License Fee from any of the linked cards.
3.6. The User gives his consent and instructions to the Application Administrator for automatic periodic debiting of funds from his account (to which the card is linked) in accordance with the terms of payment and the Tariff Plan chosen by the User, and acknowledges that orders to debit funds from his account, sent in accordance with this clause are the instructions of the User himself, and the actions of the acquiring bank aimed at debiting funds in accordance with this clause of the Appendix are performed with the consent and on behalf of the User. The User has the right to refuse to renew the rights to use the Application and payment in the "Profile" section.
3.7. If there is not enough money on the Linked Card to make a payment, the Application has the right to consider this circumstance as the User's refusal to use the Application from the date of non-execution of the payment.
3.8. The right holder of the Application has the right to create, define options and change sets of options, delete options.
3.9. The Rightholder has the right to change the Tariff Plans and the conditions for their provision to Users unilaterally. At the same time, the access period and the amount of the fee corresponding to the access period are not subject to change in relation to the actually paid Tariff Plan for the corresponding access period, provided that it is paid before the entry into force of new conditions on the access period and the cost of the Tariff Plan.
3.10. The Application Administrator as owner of the Application has the right to include special offers from Partners in the Tariff Plan.
3.11. The list of valid Tariff Plans offered by the Rightholder of the Application for purchase to the User is indicated in the relevant section of the Application.
3.12. The paid Tariff plan does not terminate in case of non-use and/or removal of the Application from the User's device, as well as in case of deletion and/or blocking of the User's Account.
3.13. The tariff plan on the terms of Subscription is provided for one Account (for one Profile) of the User.
3.14. The payment for the Tariff plan on the terms of Subscription is charged from the User not earlier than 24 hours before the start of the next Access Term. In the event that the User decides to cancel the Subscription before the fee for the Tariff plan is debited from his account, he must cancel the Subscription at least 48 hours before the end of the access period.
3.1. Payment of the License Fee is made by the User by non-cash payment from a bank card, the details of which are indicated by the User in the Application and linked to the User's personal Profile, or in another way indicated on the payment page.
3.2. Bank card data can be linked to the Application at the moment the User switches to payment and enters bank card data (number, card expiration date, cardholder name, security code (CVV/CVC).
3.3. The User certifies that the bank card details specified by him in accordance with clause 3.2 of this Agreement are complete, valid and reliable. The User also confirms that the bank card, the details of which were specified by the User in accordance with clause 3.2 of this Agreement, was issued in his name (User's name). The User guarantees compliance with the requirements and conditions of payment systems and the requirements of the issuing bank that issued the Linked Card.
3.4. In cases determined by the current and applicable legislation in the Republic of Cyprus, in case of non-cash payment, the cashier's check is sent to the email address specified by the User when paying.
3.5. In order to acquire the right to use the functionality of the Application, regardless of the terms of payment, the User links his bank card to his Profile. The Application has the right to deduct the amount of the License Fee from any of the linked cards.
3.6. The User gives his consent and instructions to the Application Administrator for automatic periodic debiting of funds from his account (to which the card is linked) in accordance with the terms of payment and the Tariff Plan chosen by the User, and acknowledges that orders to debit funds from his account, sent in accordance with this clause are the instructions of the User himself, and the actions of the acquiring bank aimed at debiting funds in accordance with this clause of the Appendix are performed with the consent and on behalf of the User. The User has the right to refuse to renew the rights to use the Application and payment in the "Profile" section.
3.7. If there is not enough money on the Linked Card to make a payment, the Application has the right to consider this circumstance as the User's refusal to use the Application from the date of non-execution of the payment.
3.8. The right holder of the Application has the right to create, define options and change sets of options, delete options.
3.9. The Rightholder has the right to change the Tariff Plans and the conditions for their provision to Users unilaterally. At the same time, the access period and the amount of the fee corresponding to the access period are not subject to change in relation to the actually paid Tariff Plan for the corresponding access period, provided that it is paid before the entry into force of new conditions on the access period and the cost of the Tariff Plan.
3.10. The Application Administrator as owner of the Application has the right to include special offers from Partners in the Tariff Plan.
3.11. The list of valid Tariff Plans offered by the Rightholder of the Application for purchase to the User is indicated in the relevant section of the Application.
3.12. The paid Tariff plan does not terminate in case of non-use and/or removal of the Application from the User's device, as well as in case of deletion and/or blocking of the User's Account.
3.13. The tariff plan on the terms of Subscription is provided for one Account (for one Profile) of the User.
3.14. The payment for the Tariff plan on the terms of Subscription is charged from the User not earlier than 24 hours before the start of the next Access Term. In the event that the User decides to cancel the Subscription before the fee for the Tariff plan is debited from his account, he must cancel the Subscription at least 48 hours before the end of the access period.
4. RIGHTS AND OBLIGATIONS OF THE USER
4.1. The User undertakes to properly comply with the terms of this Agreement.
4.2. The User is granted the right to use the Application solely for the purpose of personal non-commercial use. In this case, the User may use the Application solely in accordance with this Agreement.
4.3. The User undertakes not to use the Application in violation of the rights and legitimate interests of the Copyright Holder, third parties, this Agreement and the legislation of the Republic of Cyprus.
4.4. The User is responsible for using the Application and its services in any way not expressly permitted in this Agreement.
4.5. The User undertakes to take appropriate measures to ensure the safety of the Mobile Smart Device on which the Application is installed, and is personally liable in case of access to his Mobile Smart Device by third parties. The risk of adverse consequences caused by the loss of the Mobile Smart Device (including as a result of the Mobile Smart Device leaving the User's legal possession as a result of illegal actions of third parties) and possible access of third parties to the functionality of the Application lie entirely with the User.
4.6. The risk of adverse consequences caused by the availability of personal data to third parties, incl. as a result of the loss of the Mobile Smart Device, are fully borne by the User.
4.7. The Copyright Holder reserves all rights to the Application and related intellectual property elements, including, all copyrights, exclusive rights to trademarks, trade names, know-how, patents, program code, audiovisual effects, artwork, characters, plots, graphics, sound effects, music, tasks, and all applications and add-ons. The User is prohibited from copying, modifying, changing, deleting, supplementing, publishing, reproducing or distributing in any way on any media, in whole or in part, create derivative works, make or sell products based on them, or otherwise use the intellectual property contained in the Application. property without the express consent of the Copyright Holder. All rights not expressly granted to the User under this Agreement are reserved by the Copyright Holder.
4.8. The User is prohibited from independently or with the involvement of third parties to decompile the Application, as well as distribute, make public and provide other ̆ access to the Application, reverse-engineer the Application or its individual elements. Using the Application, the User acknowledges and agrees that all materials presented in it, including images, program code, logos, graphics, sounds and tasks, are the Intellectual Property of the Copyright Holder and are protected in accordance with the legislation of the Republic of Cyprus on intellectual property. The rights to the specified objects of the Intellectual Property of the Copyright Holder are valid and protected in all forms and media, both currently existing and created in the future.
4.9. The Application Administrator, in order to fulfill the provisions of this Agreement and provide Users with access to the Application, processes their personal data received from Users on a legal basis. The principles, procedure, purposes, methods and other conditions for the processing of personal data are defined in the Personal Data Processing Policy, which is an integral part of this Agreement. The current version of the Policy on the processing of personal data is located on the Internet at: https://1-gadget.com/user_agreement.
4. 10. The user has the right to withdraw consent to the processing of his personal data at any time by sending a request to the address: firstgadget@dcsportsoft.com. In this case, the processing of information about the User is terminated from the moment of receipt of a written application from the User.
4.11. The User has the right to unilaterally and extrajudicially terminate this Agreement at any time by deleting the Application from his mobile smart device.
4.1. The User undertakes to properly comply with the terms of this Agreement.
4.2. The User is granted the right to use the Application solely for the purpose of personal non-commercial use. In this case, the User may use the Application solely in accordance with this Agreement.
4.3. The User undertakes not to use the Application in violation of the rights and legitimate interests of the Copyright Holder, third parties, this Agreement and the legislation of the Republic of Cyprus.
4.4. The User is responsible for using the Application and its services in any way not expressly permitted in this Agreement.
4.5. The User undertakes to take appropriate measures to ensure the safety of the Mobile Smart Device on which the Application is installed, and is personally liable in case of access to his Mobile Smart Device by third parties. The risk of adverse consequences caused by the loss of the Mobile Smart Device (including as a result of the Mobile Smart Device leaving the User's legal possession as a result of illegal actions of third parties) and possible access of third parties to the functionality of the Application lie entirely with the User.
4.6. The risk of adverse consequences caused by the availability of personal data to third parties, incl. as a result of the loss of the Mobile Smart Device, are fully borne by the User.
4.7. The Copyright Holder reserves all rights to the Application and related intellectual property elements, including, all copyrights, exclusive rights to trademarks, trade names, know-how, patents, program code, audiovisual effects, artwork, characters, plots, graphics, sound effects, music, tasks, and all applications and add-ons. The User is prohibited from copying, modifying, changing, deleting, supplementing, publishing, reproducing or distributing in any way on any media, in whole or in part, create derivative works, make or sell products based on them, or otherwise use the intellectual property contained in the Application. property without the express consent of the Copyright Holder. All rights not expressly granted to the User under this Agreement are reserved by the Copyright Holder.
4.8. The User is prohibited from independently or with the involvement of third parties to decompile the Application, as well as distribute, make public and provide other ̆ access to the Application, reverse-engineer the Application or its individual elements. Using the Application, the User acknowledges and agrees that all materials presented in it, including images, program code, logos, graphics, sounds and tasks, are the Intellectual Property of the Copyright Holder and are protected in accordance with the legislation of the Republic of Cyprus on intellectual property. The rights to the specified objects of the Intellectual Property of the Copyright Holder are valid and protected in all forms and media, both currently existing and created in the future.
4.9. The Application Administrator, in order to fulfill the provisions of this Agreement and provide Users with access to the Application, processes their personal data received from Users on a legal basis. The principles, procedure, purposes, methods and other conditions for the processing of personal data are defined in the Personal Data Processing Policy, which is an integral part of this Agreement. The current version of the Policy on the processing of personal data is located on the Internet at: https://1-gadget.com/user_agreement.
4. 10. The user has the right to withdraw consent to the processing of his personal data at any time by sending a request to the address: firstgadget@dcsportsoft.com. In this case, the processing of information about the User is terminated from the moment of receipt of a written application from the User.
4.11. The User has the right to unilaterally and extrajudicially terminate this Agreement at any time by deleting the Application from his mobile smart device.
5. RIGHTS AND OBLIGATIONS OF THE RIGHT HOLDER
5.1. The Copyright Holder has the right to transfer the rights and obligations under this Agreement to third parties for the purpose of executing this Agreement, without the additional consent of the User.
5.2. The User, agreeing to this Agreement, provides his informed and voluntary consent to participate in promotional, advertising, marketing and other activities aimed at promoting the services of the Copyright Holder, partners of the Copyright Holder and other third parties. The Application Administrator has the right to send the User information about the functioning of the Application in any way, including in the form of “push notifications”, as well as send its own or any third parties informational, advertising or other messages, or post the corresponding, incl. advertising information in the Application itself. The User has the right to refuse to receive notifications in the Application by disabling this function in the OS of the Mobile smart device.
5.3. The Copyright Holder has the right to restrict the User's access to the Application and the services provided in case of violation by the User of the terms of this Agreement.
5.4. The Copyright Holder reserves the ̆ right to terminate this Agreement at any ̆ moment for organizational or technical reasons unilaterally, blocking the possibility of using the Application for the User.
5.5. In order to improve and increase the stability of the Application, the Company has the right to collect, store and process statistical information about the use of the Application by the User.
5.6. Except as provided by this Agreement and applicable law, no Content may be copied, reproduced, processed, distributed, published, downloaded, transferred, sold or otherwise used without the prior consent of the Copyright Holder.
5.7. In the event that the User violates the terms of this Agreement and (or) the legislation of the Republic of Cyprus, the Copyright Holder has the right to recover losses and damage from the User in full without any restrictions.
5.1. The Copyright Holder has the right to transfer the rights and obligations under this Agreement to third parties for the purpose of executing this Agreement, without the additional consent of the User.
5.2. The User, agreeing to this Agreement, provides his informed and voluntary consent to participate in promotional, advertising, marketing and other activities aimed at promoting the services of the Copyright Holder, partners of the Copyright Holder and other third parties. The Application Administrator has the right to send the User information about the functioning of the Application in any way, including in the form of “push notifications”, as well as send its own or any third parties informational, advertising or other messages, or post the corresponding, incl. advertising information in the Application itself. The User has the right to refuse to receive notifications in the Application by disabling this function in the OS of the Mobile smart device.
5.3. The Copyright Holder has the right to restrict the User's access to the Application and the services provided in case of violation by the User of the terms of this Agreement.
5.4. The Copyright Holder reserves the ̆ right to terminate this Agreement at any ̆ moment for organizational or technical reasons unilaterally, blocking the possibility of using the Application for the User.
5.5. In order to improve and increase the stability of the Application, the Company has the right to collect, store and process statistical information about the use of the Application by the User.
5.6. Except as provided by this Agreement and applicable law, no Content may be copied, reproduced, processed, distributed, published, downloaded, transferred, sold or otherwise used without the prior consent of the Copyright Holder.
5.7. In the event that the User violates the terms of this Agreement and (or) the legislation of the Republic of Cyprus, the Copyright Holder has the right to recover losses and damage from the User in full without any restrictions.
6. WARRANTY AND LIABILITY OF THE PARTIES
6.1. Third parties may be involved in the execution of this Agreement. The User confirms and agrees that the said third parties are granted the same rights as the Copyright Holder, including in relation to personal data and information about the User.
6.2. The User guarantees that he will not take any action ̆ aimed at causing damage to the Copyright Holder, his authorized persons or other persons.
6.3. In case of violation of the rules for using the Application specified in this Agreement, as well as in case of violation of paragraph 6.2 of this Agreement, the User undertakes to compensate the Copyright Holder for the losses caused by such actions in full.
6.4. In order to fulfill obligations under this Agreement, any actions performed using the User's mobile smart device are considered to be committed by the relevant User.
6.5. The Copyright Holder does not guarantee that the Application and its individual elements do not contain errors and will function in accordance with the User's expectations. The Application is provided on an “as is”, “as available” and “with all faults” basis (including compatibility problems with other programs and applications, inconsistencies between the results of using the Application and the User's expectations, etc.). The presence of errors or deficiencies in the Application, which, among other things, leads to the inability of the Application to function on the User's mobile smart device, is not a basis for filing claims/claims against the Copyright Holder. Therefore, to the fullest extent permissible by applicable law, the Copyright Holder and its affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns hereby to the maximum extent permissible by applicable law, disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to the following:
● the Application (including the Content and the User-Generated Content);
● the functions, features, or any other elements on, or made accessible through the Application and its individual elements;
● any products, services, or instructions offered or referenced at or linked through the Application and its individual elements;
● whether the Application (and its individual elements), or the servers that make the Application available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact the User’s Internet Device);
● the specific availability of the Application, and whether any defects in the Application will be repaired, or will be repaired in a particular time frame; and
● whether the User’s use of the Application is lawful in any particular jurisdiction.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
6.6. The Copyright Holder assures that the Application operates in such a way as to ensure the safety of any information about the User and the User's identification data. If the User fulfills all the conditions of this Agreement, incl. ensuring the inviolability of the User's personal information and ensuring that the User cannot access such data to third parties, the use of the Application cannot lead to the fact that such information may become available to persons not authorized to receive such information.
6.7. The User and the Copyright Holder are released from liability for partial or complete refusal to fulfill obligations under this Agreement, if it was the result of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that Users, the Copyright Holder, Partners and Developers could not foresee, or prevent on your own.
Force majeure circumstances include events that neither the Users nor the Copyright Holder can influence, and for the occurrence of which they are not responsible, incl. power outages, global outages in the Republic of Cyprus and international segments of the Internet, failures of routing systems, failures in the distributed domain name system, failures caused by hacker and DDOS attacks.
6.8 Under no circumstances will the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages including losses or damages in the form of lost profits, loss of goodwill, or loss of data that are directly or indirectly related to
● the Application (including its individual elements, its content and the User-generated content);
● the Users use of or inability to use the Application, or the performance of the Application (including its individual elements);
● the failure of a minor User to learn or otherwise benefit educationally from their use of the Application;
● any action taken in connection with an investigation by the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns or law enforcement authorities regarding the User’s access to or use of the Application;
● any action taken in connection with the Copyright or other intellectual property Holders or other rights owners of the Application;
● any errors or omissions in the Application’s technical operation; or
● any damage to any User’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability as pointed out in paragraph 6.8 will apply even if any of the events or circumstances were foreseeable and even if the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Application).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to some Users.
Except as may be provided in any additional Agreements, to the fullest extent permitted by applicable law, in no event will the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns total liability to a User in connection with a User’s access to and use of the Application and a User’s rights under these Agreements exceed the amount paid by a User to the Application Administrator during the previous 12 months for all possible damages, losses, and causes of action.
6.1. Third parties may be involved in the execution of this Agreement. The User confirms and agrees that the said third parties are granted the same rights as the Copyright Holder, including in relation to personal data and information about the User.
6.2. The User guarantees that he will not take any action ̆ aimed at causing damage to the Copyright Holder, his authorized persons or other persons.
6.3. In case of violation of the rules for using the Application specified in this Agreement, as well as in case of violation of paragraph 6.2 of this Agreement, the User undertakes to compensate the Copyright Holder for the losses caused by such actions in full.
6.4. In order to fulfill obligations under this Agreement, any actions performed using the User's mobile smart device are considered to be committed by the relevant User.
6.5. The Copyright Holder does not guarantee that the Application and its individual elements do not contain errors and will function in accordance with the User's expectations. The Application is provided on an “as is”, “as available” and “with all faults” basis (including compatibility problems with other programs and applications, inconsistencies between the results of using the Application and the User's expectations, etc.). The presence of errors or deficiencies in the Application, which, among other things, leads to the inability of the Application to function on the User's mobile smart device, is not a basis for filing claims/claims against the Copyright Holder. Therefore, to the fullest extent permissible by applicable law, the Copyright Holder and its affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns hereby to the maximum extent permissible by applicable law, disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to the following:
● the Application (including the Content and the User-Generated Content);
● the functions, features, or any other elements on, or made accessible through the Application and its individual elements;
● any products, services, or instructions offered or referenced at or linked through the Application and its individual elements;
● whether the Application (and its individual elements), or the servers that make the Application available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact the User’s Internet Device);
● the specific availability of the Application, and whether any defects in the Application will be repaired, or will be repaired in a particular time frame; and
● whether the User’s use of the Application is lawful in any particular jurisdiction.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
6.6. The Copyright Holder assures that the Application operates in such a way as to ensure the safety of any information about the User and the User's identification data. If the User fulfills all the conditions of this Agreement, incl. ensuring the inviolability of the User's personal information and ensuring that the User cannot access such data to third parties, the use of the Application cannot lead to the fact that such information may become available to persons not authorized to receive such information.
6.7. The User and the Copyright Holder are released from liability for partial or complete refusal to fulfill obligations under this Agreement, if it was the result of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that Users, the Copyright Holder, Partners and Developers could not foresee, or prevent on your own.
Force majeure circumstances include events that neither the Users nor the Copyright Holder can influence, and for the occurrence of which they are not responsible, incl. power outages, global outages in the Republic of Cyprus and international segments of the Internet, failures of routing systems, failures in the distributed domain name system, failures caused by hacker and DDOS attacks.
6.8 Under no circumstances will the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages including losses or damages in the form of lost profits, loss of goodwill, or loss of data that are directly or indirectly related to
● the Application (including its individual elements, its content and the User-generated content);
● the Users use of or inability to use the Application, or the performance of the Application (including its individual elements);
● the failure of a minor User to learn or otherwise benefit educationally from their use of the Application;
● any action taken in connection with an investigation by the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns or law enforcement authorities regarding the User’s access to or use of the Application;
● any action taken in connection with the Copyright or other intellectual property Holders or other rights owners of the Application;
● any errors or omissions in the Application’s technical operation; or
● any damage to any User’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability as pointed out in paragraph 6.8 will apply even if any of the events or circumstances were foreseeable and even if the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Application).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to some Users.
Except as may be provided in any additional Agreements, to the fullest extent permitted by applicable law, in no event will the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns total liability to a User in connection with a User’s access to and use of the Application and a User’s rights under these Agreements exceed the amount paid by a User to the Application Administrator during the previous 12 months for all possible damages, losses, and causes of action.
7. INDEMNITY
7.1. To the maximum extent allowed by applicable law, Users agree to indemnify, defend, and hold harmless the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from: (a) a User’s breach or alleged breach of this Agreement; (b) a User’s use of the Application or activities in connection with the Application; (c) a User’s User-Generated Content; (d) a User’s violation of any law, rule or regulation; or (e) a User’s violation of any third-party rights. the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by a User, in which event the User will fully cooperate with them in asserting any available defenses. A User will not, in any event, settle any claim without the prior written consent of the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns. If any minor User a User authorizes to use or access the Application disaffirms any or all of the provisions of this Agreement, the User in question agrees to defend, indemnify, and hold the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns harmless for any damages that the aforementioned may suffer by the minor User’s disaffirmance.
7.1. To the maximum extent allowed by applicable law, Users agree to indemnify, defend, and hold harmless the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from: (a) a User’s breach or alleged breach of this Agreement; (b) a User’s use of the Application or activities in connection with the Application; (c) a User’s User-Generated Content; (d) a User’s violation of any law, rule or regulation; or (e) a User’s violation of any third-party rights. the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by a User, in which event the User will fully cooperate with them in asserting any available defenses. A User will not, in any event, settle any claim without the prior written consent of the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns. If any minor User a User authorizes to use or access the Application disaffirms any or all of the provisions of this Agreement, the User in question agrees to defend, indemnify, and hold the Copyright Holder, the Application Administrator and / or any of their affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns harmless for any damages that the aforementioned may suffer by the minor User’s disaffirmance.
8. FINAL PROVISIONS
8.1. The Application was created in maximum compliance with the applicable laws of the Republic of Cyprus. The Application does not guarantee the applicability and admissibility of the use of the Application by children. This decision is made solely by the Parents, based on the verification of the operation of the Application and guided by their inner conviction.
8.2. Disputes between the Application and Users will be resolved through negotiations. The Party that has claims and/or disagreements shall send a message to the other Party indicating the claims that have arisen. The message is sent to the e-mail address: To the User - to the e-mail address specified during registration of the account of the User; Administrator of the Application – to the address Sotiri Tofini 4, Mezzanine Floor, Office C, Ayios Athanasios, 4102, Limassol, Cyprus. If the response to the message is not received by the Party that sent the message within 30 (thirty) working days from the date of sending the corresponding message, or if the Parties do not come to an agreement on the claims and / or disagreements that have arisen, the dispute is subject to resolution in court at the place finding the Rightholder.
8.3. This Agreement shall enter into force for the User from the moment of Profile Creation/Registration in accordance with clause 2.5 of the Agreement and is valid until it is changed or terminated in the manner prescribed by applicable law or this Agreement.
8.4. The Application Administrator controls and operate the Application from our headquarters in Limassol, Cyprus. If a User uses the Application from other locations, the User is responsible for compliance with applicable local laws regarding the User’s online conduct and acceptable content, if and to the extent local laws apply (for example, any local education regulatory or data privacy laws).
8.5. This Agreement is drawn up in English.
8.6. If any provision of this Agreement is held invalid, the validity or enforceability of the remaining provisions of this Agreement shall not be affected.
8.7. This Agreement is made in accordance with the laws of the Republic of Cyprus. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Republic of Cyprus.
8.8. We may assign our rights and obligations under this Agreement or any additional Agreement, in whole or in part, to any party at any time without any notice. This Agreement and any additional terms or agreements, may not be assigned by a User, and a User may not delegate their duties under them.
8.9 The Application Administrator reserves the right to modify this Agreement or any additional agreement relating to this Agreement, from time to time in its sole discretion (the Updated Agreement). The User agrees that any Updated Agreement will be effective immediately upon the posting from the Application Administrator of the same on the Application and, if you the User has an Account, either by displaying an alert upon log in to the Application, or by directly communicating them to the User (e.g., via the email address associated with the User’s account).
8.1. The Application was created in maximum compliance with the applicable laws of the Republic of Cyprus. The Application does not guarantee the applicability and admissibility of the use of the Application by children. This decision is made solely by the Parents, based on the verification of the operation of the Application and guided by their inner conviction.
8.2. Disputes between the Application and Users will be resolved through negotiations. The Party that has claims and/or disagreements shall send a message to the other Party indicating the claims that have arisen. The message is sent to the e-mail address: To the User - to the e-mail address specified during registration of the account of the User; Administrator of the Application – to the address Sotiri Tofini 4, Mezzanine Floor, Office C, Ayios Athanasios, 4102, Limassol, Cyprus. If the response to the message is not received by the Party that sent the message within 30 (thirty) working days from the date of sending the corresponding message, or if the Parties do not come to an agreement on the claims and / or disagreements that have arisen, the dispute is subject to resolution in court at the place finding the Rightholder.
8.3. This Agreement shall enter into force for the User from the moment of Profile Creation/Registration in accordance with clause 2.5 of the Agreement and is valid until it is changed or terminated in the manner prescribed by applicable law or this Agreement.
8.4. The Application Administrator controls and operate the Application from our headquarters in Limassol, Cyprus. If a User uses the Application from other locations, the User is responsible for compliance with applicable local laws regarding the User’s online conduct and acceptable content, if and to the extent local laws apply (for example, any local education regulatory or data privacy laws).
8.5. This Agreement is drawn up in English.
8.6. If any provision of this Agreement is held invalid, the validity or enforceability of the remaining provisions of this Agreement shall not be affected.
8.7. This Agreement is made in accordance with the laws of the Republic of Cyprus. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Republic of Cyprus.
8.8. We may assign our rights and obligations under this Agreement or any additional Agreement, in whole or in part, to any party at any time without any notice. This Agreement and any additional terms or agreements, may not be assigned by a User, and a User may not delegate their duties under them.
8.9 The Application Administrator reserves the right to modify this Agreement or any additional agreement relating to this Agreement, from time to time in its sole discretion (the Updated Agreement). The User agrees that any Updated Agreement will be effective immediately upon the posting from the Application Administrator of the same on the Application and, if you the User has an Account, either by displaying an alert upon log in to the Application, or by directly communicating them to the User (e.g., via the email address associated with the User’s account).
DETAILS OF THE RIGHT HOLDER:
DC SPORT SOFT LTD
Date of incorporation: 23 September 2021
Reg. No.: HE425961
Address: Sotiri Tofini 4, Mezzanine floor, Office C,
Agios Athanasios, 4102, Limassol, Cyprus
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