2.1 We grant you a limited, non-exclusive, non transferable, revocable license to use the App for your personal, non-commercial purpose. You may only use the App on a device that you own or control and that is permitted by any applicable usage rules applied by your device’s manufacturer or by the marketplace at which we have made the App available. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the Fossa App is prohibited.
2.2. To use the App you must be eighteen (18) years old or older. By using the App you agree to accept these Terms and that: (I) you are 18 years old or older, or (II) you are 13 years old or older and have permission to use the App from your parent or legal guardian. If we reasonably believe that you do not sufficiently fulfill these criteria, we may suspend your use of the App until you have provided us with an acceptable proof of age.
2.3 The App, in its basic version, is free to download, except for the premium subscription as described at point 4.
2.4 We may change or remove the Fossa App at any time or for any reason, without any notice.
2.5 The design of the Fossa App, along with Fossa created texts, scripts, graphics, interactive features, trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ROADTONOGAMES, subject to copyright and other intellectual property rights under Italian and foreign laws and international conventions. The App is provided to you as is for your information and personal use only. ROADTONOGAMES reserves all rights not expressly granted in and to the App. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution for any commercial purposes.
2.6 This Agreement is concluded only between you and ROADTONOGAMES and not with the manufacturer of your device or with the marketplace at which we have made the App available. Subject to the terms of this Agreement, we are responsible for the App and the content thereof, and not for such third parties.
2.7 The Fossa App includes and links to features and services that are provided by a third party. We do not control such third party sites or services and are not responsible for the content or functionality of such sites or services. Our inclusion of such links does not imply any endorsement or association with their operators. The terms applicable to the use of such third party services will apply and we will not be responsible for anything that is done by you or the third party service provider in connection with your use of their service.
3.1 You must not use the App in way that causes or may cause trauma, injuries, physical damage to yourself, other people or things. In any case we are not responsible for trauma, injuries, physical damage caused to yourself, people or things during the use of the App.
3.2 You must not use the App in any way that causes, or may cause, damage to the App or impairment of the availability or accessibility of the App; or in any way which is unlawful, illegal, fraudulent or harmful (including any manner that harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party).
3.3 You must not use the App to copy, store, host, transmit, send, use, publish or distribute any content which consists of (or is linked to) spyware, computer virus, trojan horses, worms, keystroke loggers, rootkit or other malicious computer software.
3.4 You must not conduct any systematic or automated data collecting activities (including, without limitation, scraping, data harvesting and data traffic sniffing) on or in relation to the App.
3.5 In any case we are not responsible of your improper, inconsistent with this Agreement, or illegal use of the Fossa App.
4.1 You may adhere to a premium subscription which purchase is available through the App. The premium subscriptions could be subject to any applicable fees. The premium subscription enhances the App by adding additional features not available in the standard version of the App. Any additional premium features and paid for shall be considered a part of the App, as referred to this agreement. In addition, the following terms will apply.
4.2 The availability of the premium subscription features has a pre-established duration indicated at the time of purchase. The subscription to the premium service will renew automatically at the end of the validity period unless you decide to cease your subscription as described in section 4.4.
4.3 Once the validity period of the purchased premium subscription has expired, you will no longer have access to the features granted by the premium subscription.
4.4 You can decide to cease your subscription to the premium features at any time through your Google Play profile settings or Apple App Store profile settings in the dedicated subscription section. You can find detailed instruction about the susbriction management at the page https://support.google.com/googleplay/answer/7018481 and https://support.apple.com/en-us/HT202039 . If you decide to withdraw, you will be able to use the premium services until the end of the premium subscription period purchased. Once the subscription period is over, the terms described in section 4.3 will apply.
4.4 You acknowledge and agree that we may at any time:
(a) add new feature that are considered additional features, which may or may not be subject to additional fees, if you choose to subscribe for such new content;
(b) update the existing premium features, which may or may not be subject to additional fees (if you choose to subscribe for such new content) and which do not qualify for any refund.
4.5 Your right to the premium service you have subscribed and paid for is limited to the platform and edition of the App for which you have added the premium service. It does therefore not include other editions of the App or other applications made available by us or any other party on this or on other platforms.
5.1 You accept that the ROADTONOGAMES policy is against the abandonment and cruelty to animals. You agree, to the best of your ability, to fight abandonment and cruelty to animals.
8.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent.
8.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
9.1 You agree that your use of the Fossa App shall be at your sole risk. We do not warrant the completeness or accuracy of the information published on the App; nor do we commit to ensuring that the App remains available or that the content on the App is kept up to date.
9.2 The App is provided “as is” and you use the App at your own risk. To the fullest extent allowable under applicable law, we disclaim all warranties and conditions, whether expressed or implied, including any warranties or conditions that the App is merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the application by you is in compliance with laws applicable or that information transmitted in connection with the App will be successfully, accurately or securely transmitted.
9.3 In the event of any failure of the App to conform to any applicable warranty, you may notify the marketplace from which you have downloaded the App, and, if applicable, it will refund the purchase price (if any) for the App to you and, to the maximum extent permitted by applicable law, it will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, cost or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
10.1 To the fullest extent allowable under applicable law, in no event shall ROADTONOGAMES, Its officers, directors, employees, or agents be liable to you with respect to use of the App: and be liable to you for any direct, indirect, special, incidental, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, the inability to use the App or device failure or malfunction.
10.2 The App is controlled and offered by ROADTONOGAMES from its facilities in Italy. ROADTONOGAMES makes no representations that the App is appropriate or available for use in other locations. Those who access or use the Fossa App from other jurisdictions do so at their own volition and are responsible for compliance with the local law.
11.1 At our request, you agree to defend, indemnify, and hold harmless us, and our employees, contractors, officers, and directors from any and all claims, damages, costs, penalties and expenses (including attorney’s fees) that arise from your use or misuse of the App, violation of this Agreement or violation of any rights of a third party.
11.2 We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will co-operate in asserting any available defenses. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property right, we, not the marketplace at which you have downloaded the App, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
12.1 If we believe that you breach this Agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the App, prohibiting you from accessing the App, blocking devices using your IP address from accessing the App, contacting your internet service provider to request that they block your access to the App and/or bringing court proceedings against you.
13.1 In the event that ROADTONOGAMES is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
14.1 Provided that you have downloaded the App from Apple App Store or Google Play Store, they are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google 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.
15.1 We reserve the right to change or modify this Agreement or any other policies referred to herein related to use of the App at any time and at our sole discretion by posting revisions on our website or in the App. Continued use of the App following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
16.1 If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect.
17.1 This Agreement will be governed by and construed in accordance with Italian law, and any disputes relating to this Agreement will be subject to the exclusive jurisdiction of the courts of Vicenza.
You can contact us by writing at: ROADTONOGAMES, c/o Matteo Balasso, via Parma 3, 40068 San Lazzaro di Savena(BO), Italy or at firstname.lastname@example.org.