TERMS AND CONDITIONS OF SERVICES 

Last Modified: 10  October 2020  5:50 pm

 

Definitions

“You”,”you”,”user”,”User”: being the Person, Organisation, Company or otherwise the Entity to which a name can be attached and an identification be made. Who has is the cinsumer of the services being offered. 

“App”, “app”, “application”,”Application”,”APP”: For the purposes of this document, the word defines this product Bubbles And Chaos: Original that you have downloaded.

“Author”,”Developer”,”Owner”,”owner”,”author”: being the business “SQUARE CUBED STUDIO”, registered in Australia, which has developed the app and retains all its unlimited and exclusive rights

“Services”,”services”: being any mobile application and or website functions and application provided by the author.

1.Governing Laws And Jurisdiction

The terms and conditions in this document are governed and interpreted according to the laws of the State of Queensland in Australia relevant onwards from 1st July 2020 and by “Normal Usage” of the app, you are agreeing to the non-exclusive jurisdiction of the courts in the State of Queensland Australia. Any arising disputes initiated by you, the user, that will require any and all court processes will be conducted within the courts of Queensland in Australia ONLY. I agree as the user of “Services” that the author can extend this clause according to item 9. 

IF YOU DO NOT AGREE WITH THIS SECTION OF THIS DOCUMENT, DO NOT PROCEED FURTHER, CLOSE THE DOCUMENT, UNINSTALL ANY AND ALL COMPONENTS OF THE APP FROM ANY OF YOUR DEVICES. 

2. License and Restrictions

Subject to these terms, the Author grants you non-exclusive , limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. User is not allowed under any circumstances to                                                                                    

(i) decompile, reverse-compile, disassemble, modify, reverse-engineer, translate,modify

(ii) reproduce, duplicate, copy or otherwise exploit in any way any and all services provided by the author in part or in whole without prior written consent from the author of the application

(iii) engage in activities or any conduct considered illegal in connection with any services provided by the author

(iv) resell, sublicense any and all versions (free or paid) of the app including all updates to the app without limitation and without any prior written consent from the author of the app or Services

3.Accessing Services

By using any of the “Services”, you are verifying that you are at least 18 years old or you have reached the age recognised as majority where you live, if you are below majority age, it is a requirement that you review these terms and conditions with you parent or guardian and that he or she agrees to these terms and takes full responsibility to ensure that you adhere and comply to these terms. If you are below majority age and require permission and have not been granted permission by your parent or guardian or if you are not in a position to obtain permission from an adult,  DO NOT PROCEED FURTHER, CLOSE THE DOCUMENT, UNINSTALL ANY AND ALL COMPONENTS OF THE APP FROM ANY OF YOUR DEVICES. 

4.Application Title and Ownership

Unless otherwise stated in these terms and conditions, any and all titles, ownership, rights and all intellectual property rights for the app/services “Bubbles And Chaos:  Original”  and all services provided therein, shall remain the sole property of the author (Munyaradzi Nyamatore) and are protected by the copyright laws, All Users CANNOT under any circumstance make a claim or assume that by accessing the app and other services provided by the author that they now hold a stake in any and or Services offered by the owner. The author of the title holds and will continue to hold 100% stake in the financial outcomes and interests of the title “Bubbles And Chaos:  Original” and the author is retaining exclusive, incontestable rights to the title and this ownership is indivisible. Without prior consent, you may not modify, copy, transmit, create or distribute any work derived from the app/services. 

Any content you create that derives from the service/app which includes but not limited to screenshots, in-game videos or any graphics components from within the game maybe subjected to the exclusive rights of the author. You may be able to retain rights to any content that you create provided the author will have an exclusive, perpetual, irrevocable, fully transferable sub-license-able rights and license to your content for any purpose including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to the author’s use of Your Content.

 

5.Limitation of Liability and Warranties

THE AUTHOR MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

THE SERVICES ARE PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, THE AUTHOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK.

THE AUTHOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU FURTHER ACKNOWLEDGE THAT THE AUTHOR IS NOT LIABLE, AND YOU AGREE NOT TO HOLD THE AUTHOR LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

6.Non Transference and Content Creation

Unless otherwise stated in these terms and conditions, any and all approvals or written consent granted to you by the author upon requested cannot thereafter be transferred by you to another individual who is not you regardless of your relationship to them. Approval or consent granted is exclusive to anyone or any organisation, company or entity other than the applicant and approval or consent is exhausted as soon as the author grants the consent or approval to the applicant. An organisation, company or entity comprising more than 1 individual or is jointly owned by more than 1 individual or entities cannot request for consent or approval to reproduce any intellectual property appearing in this application. The user agrees that in the event of consent or approval being granted, the author retains the right to revoke the consent or approval any any point without the requirement to explain the reason of the revoke at which point any work completed or currently underwear will have to cease immediately and cannot be published or worked on further in addition the author retains exclusive and incontestable rights to request certain information to not be published and this includes but not limited to publishing game exploits or other means to circumvent security features programmed into the app or any content the author deems to be detrimental to the overall experience of the app by certain users. The user agrees that should the author decide to exercise the incontestable rights to particular user generated content that originates or includes content from the app, the author will gain total control of the user generated content in question and assumes exclusive ownership of the user generated content in question and at the author’s discretion, request that the company offering the services hosting the particular user generated content remove it as per these terms and conditions regardless of the nature of the consent or approval given prior whether valid or not. The user agrees that consent or approval granted is not “all-encompassing” and it is not  implied nor should the user assume that being granted consent or approval in one request automatically covers any and all future requests. User generated content created without any prior written consent or approval containing all or parts of the app will remain the property of the author and can be claimed by the author under copyright laws. Any and all user generated content that includes parts or all of the app, “Bubbles And Chaos:  Original” may not be published without the author consenting and or approving the publication.     

                 

7.Disputes

Any claims on any parts of the app or its services should be addressed to Contact US

 

8. General

These terms and conditions outlined in the document together with any and all Privacy Policy/Policies provided to you by the author in conjunction with the app constitute the final agreement between you and the author of the app “Bubbles And Chaos:  Original” with respect to the “Services” being provided and that you, the you as a consumer will have access to. 

These terms and conditions cannot and must not be modified by you under any circumstances unless with the express written consent, approval, signature of the author and notarised by an Australia Notary Public officer in the state of Queensland Australia and must bear the seal of the Notary Public Officer including signature, date and address of notary public office. Both parties (the author and you) must be present at the same time and in the same room as the Notary Public Officer and a record of the meeting will kept. The user agrees that written consent or approval to modify terms and conditions of use in any manner is solely at the author’s discretion and any and all decisions(with regards to requests to modify this document)and outcomes made are final, unchallengeable and immune to any and all forms of litigation.

I agree as the user that if I instigate any and all modification of these terms and conditions without any prior written consent, approval or otherwise any allowance of any form from the author, item (1) extends its application of definitions to include those  definitions and interpretations form courts and court systems of my current jurisdiction of residence for the purposes of litigation towards myself (you, the user of services), this extension in definition is only valid in the immediately preceding situation of the user changing and attempting to misrepresent these terms and conditions otherwise items (1) maintains its definition as defined in this document in the preceding pages. 

I agree that as the user of the “Services”, if I modify the terms and conditions in any way without any permission and try to misrepresent them in any manner I forfeit any protections I have as a consumer to this product, being the app “Bubbles And Chaos:  Original” and I am wilfully exposing myself to any degree and form of litigation brought to me by the author ,and for this purpose only, within my current jurisdiction of residence.

 

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