(a) our website includes www.westcoastproapps.com, firstname.lastname@example.org, and any other westcoastproapps.com sub-domains (“Sites“);
(b) any of our online or mobile services, products or services, including mobile applications on iOS, Android and any other applicable mobile platform; and
(c) any of our services, products or services (including support services) which may be accessible via a web application, third party platform or social networking service (including Facebook),
We’ll call them together our “Services“.
1.2 If you are under 18 years of age, please ask your parent or guardian to review and approve the Terms on your behalf (because in some countries people under the age of 18 cannot enforceably enter into contracts like these Terms on their own).
1.3 You confirm your agreement to the Terms by accepting them as part of the installation process of the Services (if applicable) or using the Services. If you do not agree to the Terms, please do not install or use the Services.
1.4 If you think that the Terms are not complete in any respect, please contact us as soon as possible at email@example.com. If you do not do so within a reasonable period after you have installed or used the Services, then you shall be considered to have agreed to the Terms.
1.6 These Terms may be localised to your local language for your information and convenience. Please bear in mind though that in the event of any inconsistency or dispute between the localised language version and the English language version, the English language version will prevail.
2. ABOUT US
3. USING THE SERVICES
3.1 In return for your acceptance of the Terms, we give you the personal right (known as a ‘licence’) to use our Services. This includes to download and play our Services on (i) any iPhone, iPod or iPad device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (http://www.apple.com/legal/itunes/us/terms.html); or (ii) Android and any other mobile device that you own or control (if applicable).
3.2 This licence is for your personal use only (i.e. not for other people and not for commercial gain). We can terminate this licence in certain circumstances, which are explained further below. This licence is ‘non-exclusive’, meaning that we can grant similar licences to other people as well. It is also ‘non-transferable’, meaning it cannot be given to anyone else.
4. PATCHES, UPDATES AND CHANGES
4.1 From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Services (for example to enhance Services play or functionality, to add new features or to resolve software bugs). From time to time, we may also at our discretion remove or suspend access to particular features, content or other parts of the Services.
5. INTELLECTUAL PROPERTY
5.1 The Services, including the graphics, game play, user interface, audio and other content, contains proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or license all of this proprietary information and material and that you may not use or exploit any of it without our permission.
6. USER GENERATED CONTENT
6.1 If you create any content for use with the Services (which we refer to in the Terms as “User Generated Content“), you are solely responsible and liable for that User Generated Content. We do not accept any liability or responsibly for User Generated Content, nor do we provide any support for it. Users of the Services create, download and use User Generated Content at their own risk.
6.2 In relation to any User Generated Content which you create or wish to make available to other users, you agree to and comply with the following terms and conditions:
(a) Any part of the User Generated Content which comprises or incorporates any of our intellectual property rights remains our property.
(b) You must not in any way claim or suggest that any User Generated Content is endorsed, supported by, or affiliated with us.
(c) The User Generated Content must comply with all relevant legislation and must not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us.
(d) The User Generated Content must not infringe the intellectual property rights or any other rights of any third party.
(e) If you contravene any of these terms and conditions, we reserve the right to suspend or permanently remove availability of your User Generated Content and to take any other steps which we consider appropriate.
(f) You grant us an irrevocable, worldwide, royalty-free and perpetual licence to distribute to users, reproduce, publicly display or perform, amend, edit, transfer and create derivative works from, the User Generated Content as we consider necessary.
7. VIRTUAL GOODS
7.1 The Services may permit you to purchase in app purchases or virtual goods for use in them (“Virtual Goods“). These are the rules that apply to Virtual Goods:
(a) Virtual Goods have no real world monetary value and do not constitute real world currency or property of any type.
(b) Virtual Goods may be redeemed only for other Virtual Goods where permitted in the Services.
(c) Virtual Goods are non-refundable and non-exchangeable once purchased by you (whether or not you use them).
(d) Virtual Goods cannot be sold or transferred to anyone and cannot be exchanged for cash or any goods or services (other than Virtual Goods as permitted by the Service and by these Terms).
(e) Virtual Currency expires on the date on which we stop providing the Services or on which you or we cancel your use of the Services as provided below.
(f) To acquire Virtual Goods, you need to follow the instructions provided by the Services. This can include making a payment and providing personal and financial details (which you should ensure are complete and accurate). We will transfer the Virtual Goods to you only once that payment has been processed.
(g) The price payable for the Virtual Goods (including any value added tax or other applicable taxes of duties) will be as set out on our website or the Services (as applicable). We reserve the right to change the price of Virtual Goods at any time at our discretion.
(h) You are responsible for any and all applicable taxes and other applicable costs regarding your acquisition of Virtual Goods.
(i) We do not make any promises regarding how or when Virtual Goods may be available and can update or change Virtual Goods at any time.
(j) You may only acquire Virtual Goods from us.
(k) We may limit or block a request to acquire Virtual Goods for any reason.
8.1 We welcome feedback from our users regarding our Services. Please note that, as part of you providing us any comments, suggestions, game ideas or other feedback regarding any of our Services (“Feedback“), you agree that we will be the exclusive owners of the Feedback and you assign all of your rights in the Feedback to us for this purpose. We may make use of the Feedback for any purpose at our discretion without any notice or compensation to you.
9.1 West Coast Pro Apps and its respective logo, product and service names are trade marks of, and are owned by, West Coast Pro Apps. You may not use or display such trademarks in any manner, except as expressly set forth in these Terms. All third party trademarks and service marks appearing on the Services are the property of their respective owners and all rights in them are reserved.
11. WHAT YOU MUST NOT DO
11.1 You must not do or attempt to do (either yourself or via someone else) any of the following:
(a) to use the Services for any purpose except personal enjoyment;
(b) except as authorised by us in the Terms (or as permitted by law) to copy, rent, sub-license, loan, modify, adapt, merge, translate, reverse engineer, decompile, disassemble the software included in the Services or create adaptations of the Services or derivative works based on the Services (excluding User Generated Content); or
(c) to hack, distribute, modify, transmit, harm, or misuse the Services.
12. WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE SERVICES
12.1 We warrant that: (i) we have the right to enter the Terms and to grant you the licence to use the Services set out above; (ii) we will use reasonable skill and care to give you access to the Services; and (iii) we will use reasonable endeavours to comply with applicable laws in the performance of our obligations under the Terms.
12.2 Please also note that:
(a) we provide the Services for personal entertainment, on an ‘as is’ basis. This means that we make no warranties about the features, content or other parts of the Services;
(b) we make no warranties that the Services is of satisfactory quality or fit for purpose; and
(c) we make no warranties regarding the Services’ operation or that it will be error free.
LIMITATION OF LIABILITY
12.3 To the extent permitted by applicable law, we shall not be liable to you for any damage, injury, loss (including indirect or consequential loss) or costs arising from the Services or these Terms, whether arising in tort (including negligence), contract or breach of statutory duty and even if foreseeable by West Coast Pro Apps. The maximum amount of our liability to you will be equivalent to the amount of money paid by you to purchase the relevant Service in question.
12.4 Nothing in this Agreement will limit or exclude our liability for death or personal injury caused by our negligence, fraud or anything else where we cannot by law limit or exclude our liability.
13. FORCE MAJEURE
13.1 We will not be liable for any failure by us to perform any obligation under these Terms or to make the Services available for download, installation or use if that failure is caused by the happening of any unforeseen event beyond our reasonable control including without limitation: Internet outages, communications outages, hacking, fire, flood, war or act of God.
14.1 If you breach a term of the Terms, then we may cancel or suspend your access to the Services.
15. DISPUTE RESOLUTION BY ARBITRATION
15.1 Most user concerns can be resolved quickly and to your satisfaction by contacting us at firstname.lastname@example.org. In the unlikely event that we cannot resolve a concern to your satisfaction (or if we cannot resolve a concern we have with you after attempting to do so informally), then either you or we may refer this matter to arbitration with the prior written consent of the other party.
16.1 The Terms governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this Agreement.
16.2 If any part of these Terms is held to be unenforceable, then it will not affect the enforceability of any other part of these Terms. Also, we and you agree to interpret the rest of these Terms in such a way as to reflect your and our intentions in these Terms as far as possible.
16.3 If you or we fail to exercise (or delay exercising) any right which you or we may have under this License, that failure or delay does not mean that we or you lose that right. If we or you only partially exercise a right or only exercise it once, that will not stop you or us from exercising it again in the future.
17. ADDITIONAL PROVISIONS APPLYING TO WEST COAST PRO APPS APPLE IOS APPS (“APP” OR “APPS”)
THIRD PARTY INTELLECTUAL PROPERTY RIGHT CLAIMS
17.1 In the event of any third party claim that an App or your possession and use of that App infringes that third party’s intellectual property rights, we and not Apple will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
17.2 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.
17.3 The terms set out in section 12 above do not limit any consumer rights which we cannot exclude under applicable law, nor do they exclude or limit our liability for death or personal injury resulting from our negligence or for any fraudulent representation. In the event that the App fails to comply with the warranties set out above or any other applicable warranty (whether express or implied by law), we will be solely liable to you to the extent that warranty has not been validly excluded.
17.4 In the event of any failure of any App to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price for that App to that user. Otherwise, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
17.5 You and we agree acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Terms may not limit our liability to you beyond what is permitted by applicable law.
APPLE IS NOT A PARTY TO THE TERMS
17.6 You and we agree that the Terms is an agreement concluded between us alone and not by Apple. We are solely responsible to you for the Apps and their content, so if you require maintenance or support services or have any questions or complaints please contact us at email@example.com and not Apple, since Apple has no obligation whatsoever to furnish any such services with respect to the Apps.
APPLE IS A THIRD PARTY BENEFICIARY OF THE TERMS
17.7 Apple and its subsidiaries are a third party beneficiary of the Terms. Following your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
18. GOVERNING LAW
18.1 You and we agree that your use of the Services, and these Terms, shall be governed by and interpreted according to the laws of the United States and that any dispute regarding them shall be heard exclusively by the courts of the United States.
19. CHANGES TO THE TERMS
19.1 We may vary the Terms as and when we consider it appropriate or necessary for legal reasons or to reflect changes in the Services. If so, then we will make the revised Terms available at www.westcoastproapps.com/terms-of-use.