Terms of Service
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, Laurent Bottigliengo grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that Laurent Bottigliengo deems to be in conflict with the spirit or intent of the Service or make improper use of Laurent Bottigliengo's support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service.
Modify or cause to be modified any files that are a part of the Service without Laurent Bottigliengo's express written consent.
Attempt to gain unauthorized access to the Service or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Laurent Bottigliengo, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Laurent Bottigliengo employees, including Laurent Bottigliengo's customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Laurent Bottigliengo employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service or any Laurent Bottigliengo Application using any method not expressly permitted by Laurent Bottigliengo.
Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Laurent Bottigliengo Application.
Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Laurent Bottigliengo reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Laurent Bottigliengo reserves the right to take action as a result, which may include terminating your Service and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, LAURENT BOTTIGLIENGO MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR LAURENT BOTTIGLIENGO SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND LAURENT BOTTIGLIENGO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR APPLICATIONS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Laurent Bottigliengo reserves the right to stop offering and/or supporting the Service or a particular Application or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Laurent Bottigliengo shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.
2.1. Applications and Service
All rights, title and interest in and to the Service (including without limitation any Applications, titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-Application, are owned by Laurent Bottigliengo. Laurent Bottigliengo reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Applications and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF LAURENT BOTTIGLIENGO.
2.3. Virtual Items
Laurent Bottigliengo owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Laurent Bottigliengo Applications. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Laurent Bottigliengo Application, whether earned in a Application or purchased from Laurent Bottigliengo, or any other attributes associated with an Account or stored on the Service.
3. User Content
3.1. Submission of User Content
3.2. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Laurent Bottigliengo cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Laurent Bottigliengo shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.3. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Laurent Bottigliengo may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Laurent Bottigliengo violates these Terms of Service.
3.4. Your License to Laurent Bottigliengo
You hereby grant to Laurent Bottigliengo an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Laurent Bottigliengo the right to authorize others to exercise any of the rights granted to Laurent Bottigliengo under these Terms of Service. You further hereby grant to Laurent Bottigliengo the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Laurent Bottigliengo does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Laurent Bottigliengo has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
4. Fees and Purchase Terms
In the Service you may purchase, a limited, personal, non-transferable, non-sublicensable, revocable license to use « studies credits » , all for use in Laurent Bottigliengo Applications.
Laurent Bottigliengo may manage, regulate, control, modify or eliminate « studies credits » and/or Merchandise at any time, with or without notice. Laurent Bottigliengo shall have no liability to you or any third party in the event that Laurent Bottigliengo exercises any such rights.
The transfer of « studies credits » is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer « studies credits » to any person or entity or attempt any of the aforesaid, including but not limited to Laurent Bottigliengo, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF STUDIES CREDITS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Laurent Bottigliengo Applications is a service provided by Laurent Bottigliengo that commences immediately upon acceptance by Laurent Bottigliengo of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an iTunes Account registered to you. Laurent Bottigliengo may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT LAURENT BOTTIGLIENGO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. Laurent Bottigliengo may require that you accept updates to the Service and to Laurent Bottigliengo's Applications you have installed on your device or computer. You acknowledge and agree that Laurent Bottigliengo may update the Service and Laurent Bottigliengo Applications, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Laurent Bottigliengo Applications.
6. Disclaimer of Warranties
WITHOUT LIMITING LAURENT BOTTIGLIENGO's LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LAURENT BOTTIGLIENGO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAURENT BOTTIGLIENGO SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LAURENT BOTTIGLIENGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, LAURENT BOTTIGLIENGO SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO LAURENT BOTTIGLIENGO IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO LAURENT BOTTIGLIENGO DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND LAURENT BOTTIGLIENGO EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH LAURENT BOTTIGLIENGO IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LAURENT BOTTIGLIENGO OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF LAURENT BOTTIGLIENGO.
You agree to indemnify, defend and hold Laurent Bottigliengo (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution and Law
10. General Provisions
10.2. Supplemental Policies
Laurent Bottigliengo may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
10.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Laurent Bottigliengo shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Laurent Bottigliengo.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Laurent Bottigliengo are of a unique and irreplaceable nature, the loss of which shall irreparably harm Laurent Bottigliengo and which cannot be replaced by monetary damages alone so that Laurent Bottigliengo shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Laurent Bottigliengo Application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Laurent Bottigliengo shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Laurent Bottigliengo, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Laurent Bottigliengo's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials..