Terms of Services

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Last updated: 15.11.2020

Please read these Terms and Conditions ("Agreement", "Terms of Service") carefully before using mobile apps ("the App") operated by Mega Combat Studio, doing business as Mega Combat ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the App at Mega Combat Studio.

By accessing or using the App in any manner, including, but not limited to, visiting or browsing the App or contributing content or other materials to the App, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mega Combat without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.

1.Subscription members

Main features and content of the App are only available to who agree to pay for a subscription plan. Each subscription plan may be described in more detail in other areas of the App. Any payment terms displayed to you in the process of becoming a Subscription Member are deemed part of these Terms.

2.Our license to you

We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the App solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the App. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached content to any other device.

3. Your conduct

We would like to keep the App as safe as possible for our users but need your help to do so. Accordingly, you agree not to use the App to:

  • (i) violate any local, state, national, or international law or regulation;
  • (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • (iv) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • (v) breach or circumvent any security or authentication measures (including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software contained on the App;
  • (vii) remove any copyright, trademark, or other proprietary notations from any Content (as defined below) or User Submissions (as defined below) of other users;
  • (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • (x) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies, or regulations of networks connected to the App; or
  • (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the App in a manner that sends more request messages to the App servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.

4. Ownership; Restrictions on use

All right, title, and interest in and to the App and services are and will remain the exclusive property of Mega Combat. The content on the App, including without limitation, books, text, graphics, photos, sounds, music, videos, and the "the App" word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through the App that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to Mega Combat and are subject to copyright, trademark, and other intellectual property rights under the laws of Vietnam and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the App or any portion of the App, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content (including but not limited to books and videos) as made available through the App only in geographic locations where we offer the App and have licensed such Content. The App App is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.

5. Usage of the Service

The App does not permit copyright infringing activities and infringement of intellectual property rights via the App.

While using the App, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.

Mega Combat may automatically check your version of the Licensed Application with the sole intention of making the updated version available to you. Mega Combat has no obligation to make available any updates. However, Mega Combat may (a) require you to download and install updates; or (b) automatically download and install updates to your device.

6. Content Availability

Mega Combat provides its users with access to Content streamed through the Internet to certain devices. The availability of these Content may change from time to time, and from geographic territory to territory, for a number of reasons. As a result, we do not guarantee that any Content will be available or remain available on the App (including during any subscription period for a Subscription Member).

Mobile Networks: If you access the App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain the App features may be prohibited or restricted by your network provider and not all the App features may work with your network provider or device.

7. Termination

We may terminate your access to the App, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Links To Third Party Applications/Devices

Links: Our Site may contain links to third-party sites that are not owned or controlled by Mega Combat. Mega Combat has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Devices: If you access the App using an Apple iOS or Android-powered device, then Apple Inc. or Google, Inc., respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this agreement and are not responsible for the provision or support of Mega Combat. You agree that your access to the App using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MEGA COMBAT AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the App or the content of any websites linked to the App and assume no liability or responsibility for any:

  • (i) errors, mistakes, or inaccuracies of content;
  • (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the App or the Content on the App;
  • (iii) any unauthorized access to or use of our secure servers and/ or any and all personal information and/or financial information stored therein;
  • (iv) any interruption or cessation of transmission to or from the App;
  • (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the App by any third party; and/or
  • (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through the App.

11. Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MEGA COMBAT OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE APP.

12. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Mega Combat Studio may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mega Combat Studio, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your User Submissions, feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the App; (b) your (or anyone using your account's) use of the App; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. Mega Combat Studio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Mega Combat Studio in asserting any available defenses.

14. Disputes

These Terms shall be construed and enforced in accordance with the laws of Vietnam without regard to any choice of law or conflict of laws principles, regardless of where you live.

15. Communications

By using the App, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).

16. Miscellaneous

These Terms, together with any other rules or guidelines posted in connection with the App constitute the entire and exclusive and final statement of the agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the App. These Terms are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights and obligations under these Terms without consent from you. The section and subsection headings in these Terms are for convenience only and shall not affect their interpretation. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable).

17. Modifications

We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting, send you notice through the App, or email you. Your continued use of the App constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using the App.

If you have any questions about this Agreement, please contact us: megacombatstudio@gmail.com