END USER LICENCE AGREEMENT (“EULA”)
IMPORTANT NOTICE: Please read this EULA carefully before downloading or using the app. This EULA sets out how the app and any in app paid for downloads are licensed to you to use.
1.1 This app (and any paid for in app downloads) and any accompanying online or electronic documentation (“App”) have been produced by and are the property of AmpFork Limited, a company registered in Ireland under company number 605976 and with our registered office at 6-9 Trinity Street, Dublin 2, D02 EY47 (“AmpFork”, “we”, “us” or “our”).
1.2 The terms and conditions below set out the agreement between you (“you”) and us for the purchase, download, installation and use of the app and so please read this carefully.
1.3 By downloading and using the app you are agreeing to be bound by and become a party to this EULA. if you do not agree to all of the terms of this EULA you should not purchase, download or use the app.
2.1 The app is solely for use by users in accordance with this EULA. Any use, reproduction or redistribution of the app not in accordance with this EULA is expressly prohibited.
2.2 The EULA limits our liability as is set out in section 13 (disclaimer and limitation of liability) below.
2.3 If you are under the age of 18 you must get your parent or guardian’s permission to download, install and use the app. This app is not made available for users under the age of 16 and if you are under 16 years of age you should not download or use the app.
2.4 Your use of the app may require you to have an Apple iTunes or Google Play account. Your access to the app may be linked to your Apple or Google account and you are required to comply with the applicable Apple or Google policies to use the app.
3.1 You are responsible for ensuring that the App is suitable for your requirements. The purpose of the App is to provide puzzle games to users. All in app purchases are subject to the same terms.
3.2 By using the App, you warrant that all information you submit through the App:
3.2.1 Shall be truthful, accurate and complete to the best of your knowledge;
3.2.2 Shall be supplied by you and not by any other party, whether directly or indirectly.
3.3 Please note that, for the avoidance of doubt, the above obligations in this clause 3 are subject to the compensation obligation set out at clause 9, which means that you agree to compensate us if we are subject to any claims, damages, expenses, costs and liabilities (including our reasonable legal fees) which arise from your breach of those obligations.
APP DEVELOPER TERMS
4.1 The following terms of this clause 4 are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the App and they apply if the App is distributed to you by Apple Inc or any subsidiary or affiliate company of Apple Inc (for example through the iTunes Store):
4.2 You and we acknowledge that this EULA is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that we are solely responsible for the Service and the content thereof.
- Usage Rules
4.3 If you are using the Service on iOS you must comply with the Usage Rules set forth in the iTunes App Store Terms and Conditions which you can find online here.
- Maintenance and support
4.4 We are solely responsible for providing support and maintenance for the Service, insofar as such maintenance and support are expressly specified in this EULA. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
- Product claims
4.5 You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the Service or your possession and/or use of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights
4.6 You acknowledge that in the event of a third party claim where it is alleged that the App or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
- Legal Compliance
4.7 You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
- Third Party Beneficiary
4.8 You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
YOUR USE OF THE APP
5.1 By downloading and installing the App, you confirm that you are either over 18 years of age, or if you are 16 years or above that you have obtained your parent or guardian’s consent to download, install and use the App.
OWNERSHIP OF THE APP
6.1 All intellectual property in the App is owned by us and/or our licensors.
6.2 All intellectual property rights in the App and content on the App, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) belongs to us and/or our licensors. All rights reserved.
6.3 If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the App infringes your intellectual property rights and you wish us to remove it or suspend/disable access to it, please send a notice by email firstname.lastname@example.org with “Notice & Takedown” in the email subject line. In your email you must set out the following information:
6.3.a Details of the content you claim is infringed, together which sufficient information for us to identify the content within the App;
6.3.b Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;
6.3.c A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; that the information you supply in your notice is true.
THIRD PARTY WEBSITES AND CONTENT
7.2 The App includes information provided by third parties, including biographical information, addresses provided by agents and high profile individuals, messages, descriptions, and other materials. We do not have control over the content of this information, and, subject to clause 14 we disclaim all liability in respect of the accuracy or completeness of that information.
8.1 This App has been developed to work on the latest versions of Android and iOS at the time of its release. Apple, Google and other Android vendors may from time to time update their software, and we will endeavour, but shall not be obligated, to update the App if applicable to ensure that its functionality and performance continues with updates. It is your obligation to ensure that you are using the latest public release of iOS or Android.
INDEMNITY / COMPENSATION
9.1 You agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the App or arising from any breach or suspected breach of this EULA by you or your violation of any law or the rights of any third party.
TERM AND TERMINATION
10.1 This EULA takes effect upon your download, installation and/or use of the App and remains effective until terminated by either of us. You may terminate this EULA at any time by removing all copies of the App from devices on which you have installed it. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the App and delete all copies of the App. We may suspend or terminate your access to the App if you do not comply with the terms of this EULA or our User Content Guidelines, or if you don’t comply with our policies as notified to you from time to time.
10.2 The following sections of the EULA shall survive termination of this EULA: Section 6 (Ownership), Section 9 (Indemnity/compensation), Section 10 (Term and Termination), Section 12 (General Provisions), Section 13 (Limitation of Liability), Section 15 (Severance) and Section 16 (Jurisdiction).
SUPPORT AND CONTACTING US
11.1 The App is provided “as is”. However, if you need any help and support please email email@example.com and we shall endeavour to assist you.
11.2 We may contact you using your email address or via the App.
12.1 This EULA sets out the complete understanding and agreement between us and you and may only be amended or waived in writing by us. No waiver by us of any failure by you to comply with or perform a provision of EULA shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.2 This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement.
12.3 You may only use the App for your personal, private and non-commercial use. You may not reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the App, or any part of it, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software of any utilities, applications, emulators or tools derived therefrom.
12.4 Notwithstanding clause 12.3 you may reverse engineer, decompile or disassemble the App only insofar as you are entitled to do so by the Copyright and Related Rights Act 2000 (as amended) or other applicable law.
12.5 You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the App’s security measures, or transfer files that contain viruses, Trojans or other harmful programs.
OUR LIMITATIONS OF LIABILITY
13.1 The app is provided ‘as is’ and on an ‘as available’ basis without any representation, endorsement or warranty of any kind (save where expressly stated in this EULA), including but not limited to implied warranties of non-infringement, compatibility, security and/or accuracy.
13.2 We do not guarantee that the app will be (i) uninterrupted, free of errors, viruses or bugs or other defects, fit for purpose or of satisfactory quality; or (ii) that the app or any information displayed or distributed through the app or in the documentation will be accurate or complete; or (iii) that any defects in the app or documentation will be corrected.
13.3 You acknowledge that reliance on the app and any information supplied through it shall be at your sole risk. we shall have no liability to you in respect of any information which you supply through the app.
13.4 Nothing in this EULA shall exclude or limit our liability for fraudulent misrepresentations or for death or personal injury resulting from our negligence or that of our employees or agents.
13.5 To the fullest extent permissible by law, including in your local jurisdiction, we exclude all other liability for any loss or damage, including (provided we have exercised reasonable care and skill) any liability or damage to any device or computer system (save to the extent that damage to your device or other digital content which you own is caused by the app as a result of our failure to use reasonable care and skill in which case you may be entitled to compensation or we may be obliged to repair your device).
13.6 Our entire liability to you, and to the extent we cannot exclude it, where permissible by law, shall be limited to €50.
13.7 Nothing in this EULA shall limit your statutory consumer rights.
CHANGES TO THE EULA
14.1 We may change this EULA for any legal, regulatory or security reasons, or for any compliance with any changes that may be required by Apple or Google. We will notify you of any changes and you will be required to accept the changes to continue to use the App.
15.1 If any provision of this EULA is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.
GOVERNING LAW AND JURISDICTION
16.1 In the event of any dispute between you and us regarding this EULA and/or your use of the App, then the laws of Ireland will apply. You agree that in the event we are unable to settle any dispute with you, then any court or arbitration proceedings shall be held in Dublin, Ireland only.
Post: AmpFork Limited
6-9 Trinity Street
When you use our websites, www.ampfork.com or www.puzzleking.co (the Website) or the Puzzle King app (the App), in order to provide our services to you, it is necessary for us to collect and process a certain amount of your personal information. The purpose of this Policy is to explain how we collect information about you, how we use it and your rights in respect of how we engage with it.
This Policy will apply to your personal information collected through the Website or the App. It also applies to any third parties whose personal information you provide to us through the Website or the App.
Who is responsible for your personal information
When we talk about “we” or “us” in this policy, we are referring to AmpFork Limited a company incorporated under the laws of Ireland (Company no. 605976), having its registered address at 6-9 Trinity Street, Dublin 2.
For the purposes of data protection law, AmpFork Limited is the “data controller” which means we are responsible for the personal information you provide to us through the Website and the App. If you wish to contact us in our capacity as data controller, please do so using the details provided below.
What Personal Information do we collect
We collect and process the following information:
Your email address; and
If you contact us, we keep a record of that correspondence.
How we collect your information
We collect your personal information directly from you through our communications with you.
How we use your information and our legal basis for doing so
|Reason for processing your information||Legal basis|
|Where you get in contact with us, we keep a record of our communications. This is so we can respond to your query and ensure we have a record of our discussion for future reference and so we can improve our services.||Legitimate interest: We have a legitimate business interest in recording and responding to customer requests for information, and in improving our services. It is necessary to use your personal information to carry out this legitimate business interest. In doing so, we will also comply with the applicable rules for direct marketing under data protection law.
In identifying this basis, we have weighed our legitimate interest as a business against your rights and freedoms and determined that that it will not unfairly impact your rights. If you would like further information on how we balanced these interests you can contact us at the below address.
Please note that you have a right to object to processing of your personal data where that processing is carried on for our legitimate interest.
|To comply with any court orders or similar mandatory legal obligations||Legal Obligation: This use of your information is necessary in order for us to comply with any legal or regulatory obligations.|
Who we share your information with
Where necessary, we share your personal information with the following third parties:
Email service providers;
Other IT providers who support the maintenance of the Website and the App; and third parties where we are under a duty to disclose or share your personal data in order to comply with any legal obligation.
Where do we store/process your personal data?
The personal information that we collect from you will be stored and processed within the European Economic Area.
How long we hold your information
We will keep the personal information we collect only for so long as is necessary to carry out the purposes set out above and as required by law. This means that in general we will retain your personal information for 7 years after the date on which we obtain it. We retain your information for this period so that we can review how we are managing the queries we receive, improve our procedure for responding to queries and exercise or defend any legal claims which may arise.
Your rights in respect of your information
You have several rights in relation to your personal information. The following is a summary of your rights:
Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it;
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below);
Object to processing of your personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes;
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it;
Request the transfer of your personal information to another party.
Withdraw your consent to our processing of your information at any time, where we process on the basis of your consent. This will not affect the lawfulness of processing based on consent before its withdrawal; and
Lodge a complaint with the Data Protection Commission if you are unhappy with how your personal data is being handled. Their contact details are as follows:
Data Protection Commission
Telephone: +353 (0)761 104 800
LoCall Number: 1890 252 231
If you wish to exercise any of these rights, please contact us using the details provided below. We will respond to your request within one month. That period may be extended by two further months where necessary, taking into account the complexity and number of requests. We will inform you of any such extension within one month of receipt of your request. We may request proof of identification to verify your request. We have the right to refuse your request where there is a basis to do so in law.
Our basis for requiring information
If we cannot process the necessary personal information, it may be difficult, impossible, or unlawful for us to provide you with our services.
Where we ask you to provide your personal information, we will explain whether it is a legal or contractual requirement that we use such information and we will explain the consequences of you not providing such information. We note that if you do not wish to provide us with certain information, we may not be able to provide our services.
Changes to the Website or the App
Links to other websites
The Website and the App contain links to other websites. If you follow a link to any of those websites, please note that those websites have their own privacy policies and we do not accept any responsibility or liability for those policies. Please check those policies before you submit any personal data to those websites.
Our Contact Details
If you have any queries relation to any of the above information please contact us on the below address:
Post: AmpFork Limited
6-9 Trinity Street
What is a Cookie?
A cookie is a small text file of letters and numbers that is stored by the browser on your computer when you visit certain websites. A cookie allows a website or app to distinguish your computer from other users’ computers.
As well as setting some cookies ourselves, (first party cookies), we also work with some partners to help give you access to even more great features on the Websites. These partners set “third party cookies” which enable their features to be provided on or through the Websites (such as advertising).
- learn about how the Websites are being used and which types of individuals are using it;
- use analytics to collect and store anonymous statistical data about our users’ use of the Websites
This helps us to provide you with a good experience when you use the Websites and also allows us to improve our services and provide effective advertising.
What Type of Cookies Does the Websites Use and For What Purposes?
The cookies we use will fall into the following categories.
Strictly Necessary Cookies
These are essential in order to enable you to move around the Websites and use its features, such as accessing secure areas of the Websites. Without these cookies, our Websites would not work properly and services you have asked for cannot be provided.
These allow us to count the number of visitors to the Websites and collect information as to how it is used. They also allow us to calculate how long a user spends on the Websites and to see how they arrived at the Websites. They help us to improve the way the Websites works, monitor how our visitors reach our sites and how effective our advertising is.
How to manage or disable Cookies
If you do not want these cookies on your device, you can change your cookie settings at any time through your web browser settings. Here are the locations of the cookie settings for all major web browsers:
Internet Explorer– Tools > Internet Options > Privacy tab.
Mozilla Firefox– Tools > Options > Privacy menu.
Safari Users– Edit > Preferences > Privacy menu.
Chrome Users– Settings > Content Settings > Privacy > Cookies.
www.allaboutcookies.org provides good simple instructions on how to manage cookies on the different types of web browsers.
Except for essential cookies, all cookies will expire after 30 days
Post: AmpFork Limited
6-9 Trinity Street
Last Updated – 22nd September 2018