End-User License Agreement ("Agreement")
Last update: August 20, 2020
The End-User License Agreement (EULA)
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Total Battle ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and SCOREWARRIOR LIMITED and it governs your use of the Application made available to you by SCOREWARRIOR LIMITED.
This EULA together with third parties’ rules and other documents that you accept set out how we expect you to behave when playing the Game. Please review them carefully before playing the Game.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by SCOREWARRIOR LIMITED for use strictly in accordance with the terms of this Agreement.
SCOREWARRIOR LIMITED grants you a revocable (meaning that we can terminate this license in certain circumstances, which are explained further below), non-exclusive (meaning that we can grant the same and similar licenses to other people as well), non-transferable (meaning that the license is only for your benefit and you may not transfer or sub-license any of the rights that we grant to you to any other person), limited (meaning that you can only use the Game for the purposes we set out in this EULA), license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- copy or use the Application for any purpose other than as permitted under the above section 'License'.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SCOREWARRIOR LIMITED or its affiliates, partners, suppliers or the licensors of the Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets code, graphics, game play, user interface, audio and other intellectual property rights are, and shall remain, the sole and exclusive property of SCOREWARRIOR LIMITED and are protected by copyright and other laws including but not limited to intellectual property.
We value your opinion to the fullest, but you need to comprehend that any suggestions for improvements or feedback you might give on our Service / Product are going to be transferred to us in all property. With this agreement you give us a sub-licensable, royalty-free, irrevocable, worldwide license to use and incorporate such suggestions and feedback in SCOREWARRIOR Services, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback (such as the right to be identified as the author).
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to SCOREWARRIOR LIMITED with respect to the Application shall remain the sole and exclusive property of SCOREWARRIOR LIMITED.
SCOREWARRIOR LIMITED shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
SCOREWARRIOR LIMITED reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
SCOREWARRIOR LIMITED may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that SCOREWARRIOR LIMITED has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that SCOREWARRIOR LIMITED shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. SCOREWARRIOR LIMITED does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or SCOREWARRIOR LIMITED.
SCOREWARRIOR LIMITED may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from SCOREWARRIOR LIMITED, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Additionally, SCOREWARRIOR LIMITED reserves the right to terminate any Account that has been inactive for 5 years even if purchases have been made from that account and regardless of the level reached on the Game. SCOREWARRIOR LIMITED has no obligation or responsibility to and will not reimburse or refund You for any unused Virtual Good lost due to such termination. Upon such termination Your personal information will be destroyed, and SCOREWARRIOR LIMITED won’t be able to restore them.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of SCOREWARRIOR LIMITED's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You are not allowed to enter into this Agreement with us if you are under the age of 16. If you are under the age of 16, do not click on the "I Agree" button and do not download or use the Application. By clicking on the “I Agree” button, you confirm that you are aged 16 years or over. More information you may find on our game Terms Of Service.
You agree to indemnify and hold SCOREWARRIOR LIMITED and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any losses, costs, liabilities claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of or inability to use the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party including any Users; (d) Your Content
SCOREWARRIOR LIMITED reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SCOREWARRIOR LIMITED in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Service.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, SCOREWARRIOR LIMITED, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, SCOREWARRIOR LIMITED provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither SCOREWARRIOR LIMITED nor any SCOREWARRIOR LIMITED's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of SCOREWARRIOR LIMITED are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of SCOREWARRIOR LIMITED and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall SCOREWARRIOR LIMITED or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if SCOREWARRIOR LIMITED or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and shall not affect the validity and enforceability of the remaining provisions which will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
SCOREWARRIOR LIMITED reserves the right, at its sole discretion to amend the terms and conditions of this Agreement at any time. If a revision is material, we will notify you. You are bound by any changes to this Agreement when you use the Service after such changes have been first notified.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Governing Law and Jurisdiction
The laws of Cyprus, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.
The Agreement constitutes the entire agreement between you and SCOREWARRIOR LIMITED regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and SCOREWARRIOR LIMITED.
You may be subject to additional terms and conditions that apply when you use or purchase other SCOREWARRIOR LIMITED's services, which SCOREWARRIOR LIMITED will provide to you at the time of such use or purchase.