Last updated: 26 April 2020
As a precondition for you using the Services, you must agree to these Terms of Service (“Agreement”). By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to the Agreement, you may not use or otherwise access the Services.
Unless otherwise specified by a component of the applicable Service, the Services are free to use or download but may contain features which may allow you to make purchases within the Services.
By downloading one of our Apps, you accept this Agreement and our Privacy Policy. Your relationship with App Developer will be subject to these and only this Agreement and our Privacy Policy. This Agreement and our Privacy Policy are available for download on the App Developer website www.3dbrush.com.
Each time you download one of our App to your device a new Agreement is concluded and its terms apply to your use of this App. By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to this Agreement and our Privacy Policy, you may not use or otherwise access the Services.
Application stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.
You represent that you are accessing our App as a private person. Any commercial use of our App is not allowed.
2.1 License
Subject to the terms of this Agreement, App Developer grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each App on a mobile device that you own or control for your use (the “License”).
2.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-app purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.
You represent that you are 16 years or older. If you are younger than 16 years, you can only download our App and play them on your device, if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to download our App o and play our App subject to these Agreement. App Developer may require adequate proof of your identity and age and consent from a parent or guardian at any time.
2.3 Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
2.4 Modification
App Developer reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that App Developer will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.
2.5 Ownership
Apps provided to you are licensed to you and not sold. App Developer (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The App Developer name, logo, and the product names associated with the Apps belong to App Developer (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. App Developer (and its licensors, where applicable) reserve all rights not granted in this Agreement.
2.6 Ads
When you start or stop an App, it may display an ad. During gameplay, banners, rewarded videos and/or interstitial ads may be displayed.
3.1 User Content
“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by App Developer. App Developer is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
3.2 License
By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have the right to grant to App Developer an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content in any App.
3.3 Feedback
If you provide App Developer any feedback or suggestions (“Feedback”), you hereby assign to App Developer all rights in the Feedback and agree that App Developer shall have the right to use such Feedback and related information in any manner it deems appropriate. App Developer will treat any Feedback you provide to App Developer as non-confidential and non-proprietary. You agree that you will not submit to App Developer any information or ideas that you consider to be confidential or proprietary.
3.4 Acceptable Use Policy
The following sets forth App Developer’s – “Acceptable Use Policy”:
3.5 Enforcement
We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
4.1. This User Agreement runs for an indefinite term.
4.2. Either Party may terminate this Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the User Agreement with immediate effect by deleting the App from your device or removing the App from your Facebook apps.
4.3 If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our App and/or terminate this User Agreement. Your breach of Sec. 2 or 3.4. shall be considered a material breach.
4.4 Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
4.5 Upon expiry, you will no longer be able to access the App that was the subject matter of the User Agreement. Your in-app progress and any other App-related data will be deleted. Only if App Developer continues to operate the App, you may again download the App or access the App on Facebook whereby a new User Agreement will start to run. However, any app-related data cannot be restored.
4.6. We may (a) suspend your rights to use any App, and/or any related services or (b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, App Developer reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to App Developer by the copyright owner or the copyright owner’s legal agent.
4.7. Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. App Developer will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2, 2.3, 2.4, 2.5, 3, 4.4, 5, 6, 7, 8, 9, 10, and 11.
You agree to defend, indemnify and hold harmless App Developer (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement. App Developer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify App Developer and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of App Developer. App Developer will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6.1 Application Stores
You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and App Developer and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using an App. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
6.2 Third-Party Services
App Developer may permit certain third-party applications (like leaderboards, game networks) to provide content through the App (“Third Party Services”). The App may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When you do so, App Developer will share information with the Third-Party Service as described in the App Developer Privacy Policy. App Developer is not responsible for and does not control Third-Party Services. App Developer provides these Third-Party Services only as a convenience to you. App Developer has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.
6.3 Other Users
An App may contain User Content provided by other users of the App. App Developer is not responsible for and does not control the User Content. App Developer has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that App Developer will not be responsible for any liability incurred as the result of any such interactions.
6.4 Release
You hereby irrevocably and unconditionally release and forever discharge App Developer (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Apps users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7.1 APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND APP DEVELOPER (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. APP DEVELOPER (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8.1 IN NO EVENT SHALL APP DEVELOPER (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR APP DEVELOPER’S PRIVACY PRACTICES, ANY APP, EVEN IF APP DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APP DEVELOPER’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR APP DEVELOPER’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID APP DEVELOPER IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL APP DEVELOPER’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9.1. In-app purchases.
9.2. Subscriptions
10.1. Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our App. Continued use of our App following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.
The developer, owner, and publisher of GRAVITY app is Ilya Rimchikov, an individual/sole proprietor, resident of Russian Federation (refered here as “App Developer” or “We” or “Us”). App Developer’s apps are made available via app stores including the Apple Application Store (refered here as “Apps” or “Services”).
10.2. Notice
Any notice provided to App Developer pursuant to this Agreement should be sent to [email protected]
10.3. Severability
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
10.4. Entire Agreement
This Agreement is the final, complete and exclusive agreement between you and App Developer with respect to the subject matters hereof (including all Apps) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End-User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Your relationship to App Developer is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without App Developer’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. App Developer may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.
The following additional terms and conditions apply to you if you are using an App from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 11, the more restrictive or conflicting terms and conditions in this Section 11 apply, but solely with respect to Apps from the Apple Application Store.
11.1 Acknowledgement
App Developer and you acknowledge that this Agreement is concluded between App Developer and you only, and not with Apple, and App Developer, not Apple, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage the rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
11.2 Scope of License
The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
11.3 Maintenance and Support
App Developer is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any) or as required under applicable law. App Developer and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App.
11.4 Warranty
App Developer is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be App Developer’s sole responsibility.
11.5 Product Claims
App Developer and you acknowledge that App Developer, not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit App Developer’s liability to you beyond what is permitted by applicable law.
11.6 Intellectual Property Rights
App Developer and you acknowledge that, in the event of any third-party claim that App or your possession and use of App infringes the third party’s intellectual property rights, App Developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11.7 Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.8 Developer Name and Address
App Developer’s contact information for any end-user questions, complaints or claims with respect to App is set forth in Section 9.2.
11.9 Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using a App.
11.10 Third-Party Beneficiary
App Developer and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.