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TERMS OF SERVICE

1. GENERAL

  1. These terms and conditions including the privacy policy (altogether, the "Terms") constitute a legally binding agreement between you, as a user of the Service (as defined below) ("you") and Vladimirs Tammeoja, the provider of the Service ("we" or "us" or "Vladimirs Tammeoja").

  2. By loading, installing, accessing and using our games, applications, content, activities, and services (the "Service") which are made available through third party social networking websites, such as Facebook, and/or by application stores, such as Google Play or Apple AppStore, and/or directly by us, you confirm that you have read, understand and agree to be bound by these Terms. If you do not agree with these Terms, you are prohibited from accessing and using the Service.

  3. You must be 13 years or older in order to use the Service. If you are between 13 and 18 you must seek permission of a parent or legal guardian before using the Service. Parents and legal guardians warrant and represent that they have reviewed and agreed to these Terms.

2. INFORMATION ABOUT US

  1. This application is created by private person.

  2. If you have any questions, complaints or comments on this Service then please contact us at simulaocom@gmail.com.

3. USER CONTENT RULE

  1. We may invite you to participate in blogs, message boards, online forums and other functionality through which you will be able to communicate with other users of the Service ("Communication Services") by submitting various material for public display, in particular (without limitation) comments and messages ("User Content").

  2. We reserve the right to review and keep a record of all User Content. We are not under any obligation to display User Content. As a condition of your use of any Communication Services, you agree to adhere to the following rules:

    1. You agree that you will not submit any User Content, email, transmit or otherwise disseminate any material which is:

      1. defamatory, obscene, vulgar or indecent; or

      2. may have the effect of being harassing, threatening, abusive or hateful; or

      3. that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

      4. which breaches the rights of others (including copyright and other intellectual property rights); or

      5. would otherwise cause you to breach of these Terms.

    2. You shall not submit User Content containing statements that advertise, promote or otherwise relate to any other online sites or ventures, discuss illegal activities or post personal details.

  3. We reserve the right to monitor or moderate User Content to check whether it complies with these Terms. You may report a user's behaviour using the reporting function provided as part of the Service (if any) or any reporting function provided on the social network website you are using to access the Service. However, we are under no obligation to oversee, monitor or moderate User Content or any Communication Service we provide. 

4. RESTRICTIONS ON USE OF SERVICE

  1. By using the Service (including the Communication Services), you agree that:

    1. you will comply with all applicable local laws, regulations and rules in the country in which you reside when using the Service;

    2. you will not use the Service for any purpose other than your personal use;

    3. you will not use the Service in any way that is unlawful or fraudulent or may lead to the encouragement, procurement or carrying out of any criminal activity;

    4. you will not use the Service in order to distribute unsolicited communications including 'spam' email or other material in non compliance with these Terms;

    5. You will not transfer to, or use the Service for the purpose of transferring, files that contain viruses, trojans or other harmful programs or otherwise use the Service in any way that may damage or disrupt another's computer; or access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Service's security measures.

  2. If we determine, in our sole and absolute discretion, that you have breached, or reasonably believe that you will breach these Terms, we may:

    1. immediately withdraw your right (on a temporary or permanent basis) to use the Service;

    2. immediately (on a temporary or permanent basis) remove any User Content posted or uploaded by you;

    3. issue of a warning to you;

    4. issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

    5. take further legal action against you; and/or

    6. disclose such information to law enforcement authorities as we reasonably feel is necessary.

5. TRADE MARKS AND OTHER INTELLECTUAL PROPERTY

  1. Your use of the Service and its contents grants no rights to you in relation to our intellectual property rights (including, amongst other things, any copyright, trade marks and other rights in relation to the code, software, logos, designs, images, photographs, animations, videos and text in or on the Service) ("Intellectual Property Rights") or the rights of third parties in the Service or its contents.

  2. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Service or the computer code of elements comprising the Service, other than for your own personal use. Subject to the foregoing, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

  3. Any use other than that permitted under this paragraph 7.2may only be undertaken with our prior express authorisation in writing.

6. LINKS TO AND FROM OTHER WEBSITES

  1. We may provide links to third party websites via the Service or permit third party advertisers to display advertisements as part of the Service. Links are provided for your ease of reference and convenience only.

  2. We do not control third party websites or third party advertisements and are not responsible for their contents. Our inclusion of links and advertisements does not imply any endorsement of the material contained in such websites or advertisements or any association with their operators.

  3. You should read the terms and conditions and privacy policies of any third party websites or applications accessed via links or advertisements displayed via the Service.

7. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

  1. Nothing in these Terms shall exclude or limit our liability for:

    1. fraud or fraudulent misrepresentation; or

    2. death or personal injury resulting from our negligence or the negligence by us, our employees or agents;

    3. or any other matter which cannot be excluded or limited by law.

  2. Subject to paragraph 9.1 and to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

    1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

    2. any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the Service (including any materials posted on it) including:

      1. any loss or damage to your computer system;

      2. loss of data;

      3. loss of income or revenue;

      4. loss of business; or

      5. loss of profits or contracts

      whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

  3. We cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

  4. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that any information provided as part of the Service itself will be free from errors or omissions.

  5. While every effort is made to reliably provide the Service, outages and unexpected downtime will occur. We do not make any guarantee of uninterrupted service. In particular, lost credits, coins and tickets may occur from time to time. Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control (including outages or software errors that result from actions taken by social networking websites).

  6. The material displayed through our Service is provided without any guarantees, conditions or warranties as to its accuracy. Commentary and other materials posted as part of the Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Service, or by anyone who may be informed of any of its contents.

  7. We reserve the right to discontinue, withdraw, terminate or modify the Service or any part of the Service at any time with or without notice or further liability to you.

8. INDEMNITY

  1. You agree to indemnify and hold us, harmless from any claims, proceedings, actions or demands including reasonable legal fees made by any third party due to or arising out of your breach of these Terms or your violation of the rights of another. You agree that the provisions in this paragraph will survive any termination of your access to the Service.

9. SEVERANCE

  1. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.

  2. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

10. TERMS AND AMENDMENT

  1. These Terms shall be valid from the first time that you become a user of the Service until such time as you cease being a user or until such time as we may amend them at which time the amended Terms shall apply. We reserve the right to change these Terms at any time. Such changes shall have effect immediately upon publication on the Service and you agree to be bound by them and to regularly review these terms for the purposes of monitoring such changes. Your continued use of the Services shall be deemed irrevocable acceptance of those revisions. If you don't agree to the changes, you should stop using the Service. These Terms were last updated on 8 August 2022, (Version 1.0). We recommend that you print out a copy of these Terms.

11. APPLE APPLICATION STORE ADDITIONAL TERMS AND CONDITIONS

  1. 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 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Apps from the Apple Application Store.

    1. Acknowledgement: Vladimirs Tammeoja and you acknowledge that this Agreement is concluded between Vladimirs Tammeoja and you only, and not with Apple, and Vladimirs Tammeoja, not Apple, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage 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.

    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.

    3. Maintenance and Support: Vladimirs Tammeoja 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. Vladimirs Tammeoja and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App.

    4. Warranty: Vladimirs Tammeoja is solely responsible for any product warranties, whether express 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 Vladimirs Tammeoja’s sole responsibility.

    5. Product Claims: Vladimirs Tammeoja and you acknowledge that Vladimirs Tammeoja, 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 Vladimirs Tammeoja’s liability to you beyond what is permitted by applicable law.

    6. Intellectual Property Rights: Vladimirs Tammeoja and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, Vladimirs Tammeoja, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

    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.

    8. Developer Name and E-mail address: Vladimirs Tammeoja’s contact information for any end-user questions, complaints or claims with respect to App is provided above.

    9. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using App.

    10. Third Party Beneficiary: Vladimirs Tammeoja 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.

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