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1. GENERAL PROVISIONS

1.1. This User Agreement (hereinafter - the "Agreement") governs the relationship between the developer «Big Pink» mobile application (hereinafter - the "Developer"), and capable person, duly acceded to this Agreement (hereinafter - the "User") for the right to use the mobile applications of the Developer.

1.2. The application is made for entertainment. Designed for mobile devices running operating «iOS» and «Android» systems, including tablet computers (hereinafter - mobile devices).

1.3. This Agreement is an open and public document. The current edition of the User Agreement is located in the Internet at: http://bigpink.uphero.com

1.4. By installing the application on the mobile device, user accepts and confirms the terms of this Agreement

1.5. By accepting this Agreement, the User permits the mobile device camera and other sensitive data (camera, photo gallery,  microphone, accounts, contacts, phone or calendar) to the use by a developer.

1.6. The terms of this Agreement is a public offer in accordance with Art. 437 of the Civil Code of the Russian Federation. Developer provides user access rights and the use of applications on the terms of this Agreement.

1.7. This Agreement may be amended and / or supplemented developer unilaterally. Using the Application after the amendments and / or additions to the present Agreement, means the consent to such amendments and / or additions, in connection with which the user is obliged to regularly monitor changes in the Agreement posted on the website http://bigpink.uphero.com

1.8. Appeals, suggestions and complaints to the Developer related to the functioning of the Application may be sent to the email address: bigpinkgames@gmail.com

1.9. The app is available for use on an "as it is". The developer is not responsible for errors, crashes, safety of user's data and other deficiencies and irregularities in the Application and the consequences of the User, including actual damages, loss of profits, damages, non-pecuniary damage, harm to honor, dignity and business reputation.

1.10. User acknowledges and agrees that use of the Services and Mobile game project under this Agreement, including the installation of the application, it must be a party to the current agreement with the app store. User self-monitors all changes to such agreements with app store.

 

2. RIGHTS AND OBLIGATIONS OF THE USER

2.1. User agrees to properly comply with the terms of this Agreement.

2.2. The user is given the right to use applications for the sole purpose of personal use. This user can use the application only in accordance with the terms of this Agreement.

2.3 User agrees that application can request or handle user's sensitive data (camera, microphone, accounts, contacts, phone or user data) or device information.

2.4. User agrees not to use the application in violation of the rights and legitimate interests of developers, and other right holders, third parties and this Agreement.

2.5. User agrees to take appropriate measures to ensure the safety of its mobile devices, and is personally responsible in the case of access to his mobile device to third parties.

2.6. The user is prohibited to carry out decompile applications from directly or through third parties, as well as to do the reverse engineering of applications.

2.7. User is responsible for the use of applications in any manner not expressly permitted in this Agreement.

2.8. User may not carry out any unauthorized actions with the Application, including hacking of the paid functional of  applications (if any).

2.9. Before installing an application on the mobile device, User is obliged to get acquainted with all the information about the applications that are hosted on the Application's page on Google Play (for Android) or Apple Store (for IOS). By installing an application on the mobile device, User confirms the execution of the user specified in this paragraph commitments.

2.10. The user is forbidden to disseminate information not corresponding to reality (rumors, slander) about mobile gaming application.

3. RIGHTS AND OBLIGATIONS OF THE DEVELOPER

3.1. The developer has the right to transfer rights and obligations under this Agreement to third parties for the execution of this Agreement without the consent of the User.

3.2. The developer may provide users free and paid services. Conditions for the provision of paid services developer informs users by placing in the Application relevant information about the service (service name, its value, the form and method of payment).

3.3. The developer has the right to request and handle sensitive user data (camera, photo gallery,  microphone, accounts, contacts, phone or calendar) inside the application for internal purposes.

3.4 The developer can use and transfer sensitive user data and do not carry any responsibility for data or information leaks.

 

4. FINAL PROVISIONS

4.1. In the event of any dispute or disagreement relating to the execution of this Agreement, users and developers will make every effort to resolve them through negotiations between them. If the disputes are not resolved by negotiations, the disputes shall be settled in the appropriate court of competent jurisdiction at the location of the Developer.

4.2. None of the Agreement, the Parties shall not be liable for any failure to perform its obligations under this Agreement if the proper performance was impossible due to force majeure.

4.3. This Agreement shall enter into force for the user since the installation of applications on its mobile device and is valid indefinitely.

4.4. Each Party shall have the right to unilaterally terminate this Agreement by notifying the other party by e-mail. The moment of termination of this Agreement shall be the date specified in the notice of termination of the Agreement, and in the absence of such an indication - the date of sending the electronic notice of the Party.

4.5. This Agreement is made in Russian and translated to English.

4.6. If any provision of this Agreement is held invalid, this does not affect the validity or enforceability of the remaining provisions of this Agreement.

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