Glowing Eye Games License Agreement, Terms of Use, and Privacy Disclosure

Introduction

This License Agreement, Terms of Use, and Privacy Disclosure sets forth the terms for your use of this App and the information we collect and how it is used. By using or installing this app you agree to the terms of this License Agreement, Use, and Privacy Disclosure. If you disagree with these terms, don’t use this app. If this is a free version of the app, it is Ad supported. The Privacy Disclosure has information regarding Third Party Ad serving.

End User License Agreement

Glowing Eye Games grants you a personal, non-exclusive, non-transferable, revocable limited License to (1) the software and/or other information that is downloaded and stored on your device (as well as any updates) and (2) access to Glowing Eye Games servers through the execution of the software on your device, subject to the following:

Use of this App is solely for your own personal use.

You agree not to play this App where playing could create a hazard to you or others around you.

Use of the Licensed App is on any iOS or Android device that you own or control as permitted by the Usage rules set forth in the App Store Terms of Service from where you downloaded the app.

You may not copy, distribute, modify, disassemble, or create derivative works based upon this App.

Glowing Eye Games owns and retains all right, title, and interest in and to the Software, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOWING EYE GAMES DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. GLOWING EYE GAMES MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLOWING EYE GAMES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE.

We reserve the right to modify this License at any time. Your continued use of this App signifies your acceptance of the changes to this License.

Terms of Use and Service

User Generated Content

If you post, upload, chat, or make available any text, images, videos, game levels, solutions, or other content and information from within this App, you have created “User Generated Content” or “UGC”. Any UGC you create is your property, and you hereby grant us a royalty free, irrevocable, perpetual, worldwide, sub-licensable, and transferable right to copy, adapt, modify and use the UGC in any way we see fit, including making the content available for others to use and making derivative works. You grant us these rights without the need for us to get further permission from you or having to pay you for it. In addition, Glowing Eye Games is not responsible for enforcing any rights you may have with respect to your UGC against other users. If you have a dispute with another user of your UGC, you are responsible for contacting the other user directly.

You warrant that any UGC shall be your own original work and you shall not infringe the intellectual property rights of any third party. Furthermore, you warrant that you will not use or contribute UGC that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, is an advertisement or solicitation of business, or otherwise objectionable or inappropriate. You will indemnify and hold harmless Glowing Eye Games, Inc. for all damages, costs and expenses incurred for your breach of these warranties.

To the extent that the App allows you to message or communicate with other App users, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust.

You agree that we are not responsible or liable for UGC submitted or posted by you or by others. You acknowledge that we may or may not pre-screen UGC, and that we have the right and sole discretion, to move, remove, block, edit, or refuse any UGC for any reason without prior notice, but we assume no obligation to do so and we are not responsible for any failure or delay in doing so. We do not promise the accuracy, integrity, or quality of the UGC and do not endorse it in any manner. All UGC provided on or via the App or Services is the sole responsibility of the person who provided it. In addition, as a consumer of the UGC of others, you agree to hold us harmless for any real or perceived injury that results from that use.

You may bring User Content that you believe violates these Terms of Use, violates any copyrights or other intellectual property rights, or is otherwise objectionable to Glowing Eye Games’ attention by emailing support@glowingeyegames.com.

User Account

This App may support a persistent user account based on your e-mail address or social network login. If you supply your e-mail address in the Account set up, we will only use it to communicate with the account holder and for end user verification. You agree to provide true, accurate, and complete information about yourself. Glowing Eye Games has the right to suspend or terminate your account at its discretion. You shall not use the App and your Account to engage in any illegal or offensive conduct. You are responsible for anything that happens through your Account, and you shall not share the Account and login information. You may not share, trade or sell your Account to any other party. You agree to notify Glowing Eye Games of any unauthorized use or your password or Account.

You warrant that you are of age 13 or older when establishing the account.. The App is not directed to children under the age of 13. Glowing Eye Games does not knowingly collect or solicit personally identifiable information from children under 13. If you are under 13, please do not attempt to register for an Account or send any information about yourself to Glowing Eye Games.

Glowing Eye Games reserves the right in its sole discretion and without prior notice to suspend or terminate your account or to remove or reclaim any user name.

Notice

Glowing Eye Games makes no representation that the App and/or the User Account will be available in perpetuity. The App may no longer be supported and/or shut down by Glowing Eye Games at its sole discretion.

Virtual Items

This App may provide you with the option to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs (“Virtual Items”) that can be used for game play. You agree you have no property interest in any Virtual Items. Any purchase or obtaining of Virtual Items, by paying a fee or earned through game play, are purchases of a limited, personal, non-transferable, non-sublicensable, revocable license to use those Virtual Items within the App. Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual Items have no monetary value, and cannot be used to purchase or use products or services other than within the App. Initiation and/or effectuation of any transfer of Virtual Items between User Accounts for consideration exchanged outside the App is a breach of the license for the App granted to the you by this Agreement, and your User Account may be immediately suspended or terminated at Glowing Eye Games’ discretion, among other things. Further, acceptance by you of any Virtual Item(s) exchanged during such a transaction constitutes both (1) a breach of the license for the App granted to the you by this Agreement, and (2) use of the received Virtual Item(s) without any license to the Virtual Item(s). All sales of Virtual Items are final. Virtual items cannot be refunded or exchanged for cash or any other tangible value.

Glowing Eye Games may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Glowing Eye Games will have no liability to you or anyone for exercising these rights. In addition, all virtual items are unconditionally forfeited if your game account is terminated or suspended for any reason, in Glowing Eye Games’ sole discretion, or if the App is discontinued.

Glowing Eye Games has no liability for hacking or loss of your virtual items. Glowing Eye Games has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these Terms of Use. Glowing Eye Games reserves the right, without prior notification, to limit the order quantity on any virtual item and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.

Privacy Disclosure

Additional Data Privacy Supported Regions

In regions that are supported additional data privacy options may be available. In particular EU regions that use the GDPR framework (or any region with similar legislation), allow you to edit options and access to your data within our games, excluding any external direct communications with us, using the options screen (represented by a cog icon). The Data Shield icon can then be selected to find available options in your juristiction for your data privacy.

Personally Identifiable Information

In some places (like the UK and EEA), we need your permission to collect your data. We will ask for your permission when you first start using our games. You can also change your mind about your permission later by going to the Options screen in any of our games and tapping the Data Shield button.

Here are the key points:

• You may be asked to give your consent to collect your data in some places.
• You can give or deny consent when you are first asked.
• You can also change your mind about your consent later.
• To change your consent, go to the Options screen in any of our games and tap the Data Shield button.

Third Party Ad Serving

Third party Ad networks supply ads for display in this app so that we can offer it to you for free. These networks may collect and use your device IDFA/IDFV, and/or IP addresses, in native or hashed forms, for purposes of controlling how often you see the ad, delivering ads of interest, and measuring the effectiveness of the ads.

Each of our third party advertisers also have their own privacy policies: Chartboost, Admob, Google AdSense, Heyzap, Facebook Audience Network which are available on their websites.

This privacy policy will always contain the latest disclosures. Your continued use of this App signifies your acceptance of the changes to this License and information.

Aggregated Usage and App Statistics

You agree to the collection anonymous aggregated usage statistics of game play and configuration options. This information is used in aggregate form to help us improve the entertainment value of the App and to set priorities for future features.

Customer Services

When you contact us by email or through social media, naturally we store some basic information regarding yourself (email address/ social media account) as well as details needed to assist you (e.g. your mobile phone model, game being played, etc) which is sent along with your email and placed in our customer service system. You can contact us to have these details removed from the system. We will only use these details to answer your query and will not pass them on to other parties. We limit the amount of information collected to minimum required to answer your question. We will not sign you up for any marketing emails.

Contact Information

Should you have any questions concerning this Agreement and Disclosure, or if you desire to contact Glowing Eye Games for any reason, please email support@glowingeyegames.com.

Supplemental Terms For iOS/ Android Device Users

You agree and acknowledge that this EULA is concluded solely between you and Glowing Eye Games and that Glowing Eye Games is solely responsible for the Licensed Application and the content thereof.

You agree that neither Glowing Eye Games or the app store operators have any obligation whatsoever to furnish any maintenance and support services regarding the Licensed Application.

In the event of any failure of the Licensed Application, the end user may notify their app store operator, and where possible they will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, your app store operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure will not be the app store operator’s responsibility.

The app store operator shall not be responsible for any claims by you or any third party relating to your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the Application or your possession and use of the Application infringes on the intellectual property rights of the third party.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or U.K. government embargo, or that has been designated by the U.S. Government or the U.K. government as a terrorist supporting country and that you are not listed on any U.S. Government or any U.K. government list of prohibited or restricted parties.

You agree that app store operator and any of its subsidiaries, and Glowing Eye Games, are third party beneficiaries of this License and that upon your acceptance of the terms and conditions of this License, app store operator 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.

Indemnification

You agree to indemnify, defend and hold Glowing Eye Games Inc., its subsidiaries, officers, and employees harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the App, (2) your (or anyone accessing the App using your password) use of the App, (3) your (or anyone accessing the App using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (4) your (or anyone accessing the App using your password) violation of any rights of any other person or entity.