THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN "YOU" AND RACHOK LAB. ("RACHOK LAB," "WE," "OUR," "US"). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITES LOCATED AT THE THIS URL(S) AS WELL AS ALL ASSOCIATED SITES LINKED BY RACHOK LAB, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO "SITE" ALSO INCLUDE THE GAMES, MATERIALS, CONTENT, SERVICES AVAILABLE THROUGH THIS SITE AND ANY SOFTWARE THAT RACHOK LAB PROVIDES TO YOU FOR DOWNLOAD IN YOUR MOBILE DEVICES (EACH A "MOBILE APPLICATION") (ALL OF THESE COLLECTIVELY, THE "SERVICE"). By playing our games (the "Games"), by accessing, downloading, or using any of our Mobile Applications, products, Site, or the Service in any way; by accessing the Service through Third Party Platforms, including social networking sites; by clicking on the "I ACCEPT" button, or by completing the registration process, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO THE COLLECTION, USE AND STORAGE OF YOUR INFORMATION AS OUTLINED IN RACHOK LAB PRIVACY AND COOKIE POLICY. (All of the above, collectively "YOUR ACCEPTANCE"). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SERVICE IMMEDIATELY. THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE RUSSIAN FEDERATION, PLEASE NOTE THAT UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN THE RUSSIAN FEDERATION OR EUROPEAN UNION COUNTRY IN WHICH YOU RESIDE.
GENERAL USE AND CHANGES The Service is licensed, not sold, to you. RACHOK LAB reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, any violation of the Terms. You agree that RACHOK LAB may suspend or discontinue the Service (or any feature or Mobile Application thereof) or change the content of the Service at any time, for any reason, with or without notice, and without liability. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, YOU MAY NOT BE ABLE TO SUBMIT ANY INFORMATION TO RACHOK LAB OR THE SERVICE. IF YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A MINOR USING THE SERVICE, YOU HEREBY AGREE THAT YOU HAVE REVIEWED AND AGREED TO THESE TERMS, TO BIND THE MINOR TO THESE TERMS AND TO FULLY INDEMNIFY AND HOLD HARMLESS RACHOK LAB IF THE MINOR BREACHES ANY OF THESE TERMS. IF YOU ARE A MINOR, YOU UNDERSTAND THAT YOU NEED YOUR LEGAL GUARDIAN'S PERMISSION TO USE THE SERVICE. If you are a parent or legal guardian of a minor, you hereby agree to bind the minor to these Terms and to fully indemnify and hold harmless RACHOK LAB if the minor breaches any of these Terms. RACHOK LAB can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Service and by notifying you either through a banner on the Service or, depending on your account status, via email at RACHOK LAB's sole discretion. These Terms will come into effect within 5 days of posting. By using the Service after RACHOK LAB has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Service. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular features of the Service. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded. You understand and agree that the Service (and any Mobile Applications) are evolving. As such, RACHOK LAB may require that you download and install updates to the Service, at any time, without notice or liability to you. You also understand and agree that any such changes or updates to the Mobile Applications might change the system specifications necessary to use the Mobile Application, and in such a case, you, and not RACHOK LAB, are responsible for purchasing any necessary additional software and/or hardware in order to access and use the Mobile Application. You acknowledge that when an upgrade is available, previous versions of the Mobile Application may cease to be available or no longer be supported by RACHOK LAB.
PRIVACY Any information provided by you and used by our Service is subject to our PRIVACY AND COOKIE POLICY. If you access our Service through Third Party Platforms, any information provided by you and used by our Service is also subject to, where applicable, the privacy regulations set forth by Third Party Platforms. Please refer to our 'Access through Third Party Platforms' section for more information.
USE OF THE SERVICE (a) All Players: You will be able to view and use certain of the features of the Service that are available without registration. (b) Account Registration: In order to access certain features of the Service you may be required to have an account on the App Store or Google Play.
PAYMENT OF FEES You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. RACHOK LAB may revise the pricing for the goods and services offered through the Service at any time. RACHOK LAB may also provide links to other websites or third party services, some of which may charge separate fees, which are not included in any fees that you may pay to RACHOK LAB. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Fees are non-refundable (please refer to Section 5).
TERM AND TERMINATION (a) Term: The Terms commence on the date when you Accept them (as described in the preamble above) and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms. (b) Termination: If you want to terminate the Service, you may do so by (a) notifying RACHOK LAB at any time; and/or (b) closing your Account. We reserve the right to terminate or suspend your Account or access to any or all of the Games at any time and for any reason. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your Account, you will have no further access to your Account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired or developed during your use of the Games or the Service. (c) Effect of Termination: Termination of any feature of the Service includes removal of access to such feature. Termination of the Service includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. RACHOK LAB will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
DISPUTES BETWEEN USERS You are solely responsible for your interactions with other users of the Service. RACHOK LAB may at any time intervene in disputes between you and other users, but is under no obligation to do so. RACHOK LAB will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind. If you have a dispute with one or more users, YOU RELEASE RACHOK LAB (and our officers, directors, agents, subsidiaries, joint ventures and employees) FROM CLAIMS, DEMANDS AND DAMAGES (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
DISCLAIMER OF WARRANTIES THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. You agree that your access and use of the Service shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, RACHOK LAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS. RACHOK LAB makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service and, to the fullest extent permitted by applicable law, assumes no liability or responsibility for any: errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, Site or Games; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the Service; any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service or Site by any third party; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service and/or Site.
LIMITATION OF LIABILITY RACHOK LAB'S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS AND THE SERVICE, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID RACHOK LAB IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY. UNDER NO CIRCUMSTANCES WILL RACHOK LAB BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, ANY OTHER LEGAL THEORY, OR WHETHER OR NOT RACHOK LAB HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that RACHOK LAB shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE You acknowledge that all intellectual property rights in our Service and its underlying technology, and all information and content available on or through the Service (excluding User Content (as defined below) but including the characters, graphics, storylines, sounds, Virtual Currency and Virtual Goods in the Games) are owned by us and/or our suppliers (including other users). The Service is protected by copyright laws throughout the world. Subject to your compliance with these Terms, and any other relevant RACHOK LAB policies, RACHOK LAB grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license (subject to the limitations set forth herein) to download, install, access, view and/or use the Service (including a copy of the Mobile Application on a single mobile device or computer that you own or control) solely for your personal non-commercial entertainment purposes. No other use of the Service is authorized. In consideration of this authorization, you agree that any copy of the features of the Service or its components that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Service or its features or components in whole or in part without our prior written authorization. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Stored Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system), and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. You may not sell, copy, exchange, transfer, assign or otherwise distribute anything you copy or buy from the Mobile Application, unless you are expressly permitted by RACHOK LAB. We and our suppliers (including other users) reserve all rights not granted in these Terms. There are no implied licenses. All trademarks, logos and service marks displayed on the Service ("Marks") are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
USER CONTENT (a) User Content: You agree that you are willingly publishing content on the Service using technology and tools provided by RACHOK LAB. Any data, text, information, files, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded, posted to, emailed, transmitted or otherwise made available ("Make Available") through the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by RACHOK LAB. (When User Content is Made Available by you, it becomes "Your Content"). User Content is the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and RACHOK LAB is not responsible, for any User Content users Make Available. RACHOK LAB may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content Made Available via the Service . By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that RACHOK LAB will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. RACHOK LAB does not have the obligation to and will not monitor any User Content but has the right, in its discretion, to remove any User Content in case of a complaint. (b) Public Discourse: The Service may include various forums, blogs and chat features ("Forums") where you can post User Content, including, but not limited to, your observations and comments on designated topics. RACHOK LAB cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not Make it Available on the Service. RACHOK LAB shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the Forums, you do so at your own risk. (c) License to User Content: You hereby grant to RACHOK LAB an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the Service, including marketing and promotions of the Service. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner. YOU WARRANT AND REPRESENT THAT YOU HAVE THE RIGHT TO UPLOAD ANY CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICE. (d) Ownership of Your Content: RACHOK LAB does not claim any ownership rights in User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit Your Content. RACHOK LAB has no obligation to monitor or enforce your intellectual property rights in or to Your Content. (e) Ownership of Other Content: Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Service, including, but not limited to, the Virtual Goods or Currency appearing or originating in any RACHOK LAB Game, whether earned in a Game or purchased from RACHOK LAB, or any other attributes associated with an Account or stored on or in the Service.
ADDITIONAL TERMS RELATED TO THE MOBILE APPLICATIONS (a) App Stores: You acknowledge and agree that the availability of the Application and the Service is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that the Terms are between you and RACHOK LAB and not with the App Store. RACHOK LAB, not the App Store, is solely responsible for the Service, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them. (b) Additional License Terms for use of the Service in conjunction with the Apple App Store: The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: You acknowledge and agree that (i) the Terms are concluded between you and RACHOK LAB only, and not Apple, and (ii) RACHOK LAB, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between RACHOK LAB and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of RACHOK LAB. You and RACHOK LAB acknowledge that, as between RACHOK LAB and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and RACHOK LAB acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between RACHOK LAB and Apple, RACHOK LAB, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and RACHOK LAB acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. (c) Additional License Terms for use of the Service in conjunction with the Android App Store: The following additional terms and conditions apply with respect to any Mobile Application that RACHOK LAB provides to you designed for use on an Android-powered mobile device (an "Android App"): You acknowledge that these Terms are between you and RACHOK LAB only, and not with Google, Inc. ("Google"). Your use of RACHOK LAB's Android App must comply with Google's then-current Android Market Terms of Services. Google is only a provider of the Android Market where you obtained the Android App. RACHOK LAB, and not Google, are solely responsible for RACHOK LAB's Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to RACHOK LAB's Android App or these Terms. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to RACHOK LAB's Android App.
APPLICABLE LAW AND ARBITRATION AGREEMENT These Terms and any action related to these Terms will be governed by and interpreted under the laws of Israel. Notwithstanding the foregoing, if You are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to invoke the protection which is afforded to you by provisions of the law of the country you reside in that cannot be derogated from by agreement. You hereby agree to the binding ARBITRATION AGREEMENT. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Tallinn, Estonia, for such purpose and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Tallinn, Estonial. Notwithstanding the foregoing, if You are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the European Union country in which you reside.
CONSUMER COMPLAINTS In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. If You are a resident of the European Union, you may report complaints to Your local consumer protection authorities.
GENERAL These Terms together with our PRIVACY AND COOKIE POLICY and our ARBITRATION AGREEMENT constitute the entire agreement between you and RACHOK LAB regarding your use of our Service (Site, Service, Mobile Applications, Games and all related content), and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction. You may not use, export, import, or transfer the Service except as authorized by the laws of the United States of America, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by RACHOK LAB are subject to the export control laws and regulations of the United States of America. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the RACHOK LAB products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
CONTACT INFORMATION If you have any questions about these Terms, please contact our Support at rachoklab@gmail.com. We will make every effort to resolve your concerns.