Last Updated: 2020-04-18
Your access to and use of the App is based on your acceptance of and compliance with these Terms. These Terms apply to all users, customers, and others who access or use the App.
By accessing or using the App you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the App.
Description of App
The “App” means the a) Polyominoes game, including administrative and related systems and technologies, as well as the website https://polyominoes.app (the “Site”); and b) all software, documentation, text, images, and other content made available as part of the App. Any updates and modifications to the App are also subject to these Terms. We reserve the right to modify or discontinue the App or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the App will remain with and belong exclusively to Steven G. Harris.
If you choose to buy a Polyominoes Premium subscription, payment will be charged to your Apple ID account at the confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
All purchases are final. We cannot issue refunds for purchases charged to your Apple ID.
You acknowledge and agree that the App and software used in connection with the App contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App and its software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by us for use in accessing the App.
The Polyominoes logo and product name are the exclusive trademarks of, and are owned by, Steven G. Harris, and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the App are the property of their respective owners.
We reserve all rights not expressly granted hereunder.
Links To Other Web Sites
The App may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You are entitled to remove the App from the devices you have installed it on at any time and for any reason without notice to us.
All provisions of the Terms shall survive termination, including without limitation: ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties and Liability
THE APP IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. WE HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE APP, SOFTWARE, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (a) THE APP WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (b) THE APP WILL BE SECURE OR ERROR-FREE; (c) ANY ERRORS IN THE APP WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO RELEASE US FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE US FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AVAILABLE THROUGH THE APP, (c) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement is governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Mateo County, California for the purpose of litigating all such disputes.
This Agreement and the related terms referenced above constitute the entire understanding and agreement between us and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged into this Agreement. In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms. Any failure by us to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this Agreement.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days public notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the App and remove it from any devices.
The Change Log section below is not a part of these Terms, nor is any archive we provide of prior versions of the Terms or any content linked therefrom.
If you have any questions about these Terms, contact us by email at firstname.lastname@example.org.
2020-04-18 – Initial version