FAT CIGAR PRODUCTIONS LTD END USER LICENSE AGREEMENT AND TERMS OF SERVICE
This End User License Agreement (“License”) is an agreement between you and FCP [Fat Cigar Productions Ltd, registered office at 7 Lynwood Court, Lymington, Hampshire, UK], its subsidiaries or affiliates (“FCP”). This License governs your use of the application and any and all related documentation, and updates and upgrades that replace or supplement the application in any respect and which are not distributed with a separate license (collectively, the "Application"). This Application is licensed to you, not sold.
We reserve the right to modify this License at any time, so please review it frequently either via the Settings section in your Application or by visiting http://www.impossible.am/hear-my-baby-terms-of-use. Your continued use of the Application will signify your acceptance of the changes to this License.
SECTIONS 2 AND 3, BELOW, DISCUSS THE INFORMATION AND DATA COLLECTED ABOUT YOU AND YOUR MOBILE OR ONLINE BEHAVIOUR AS WELL AS HOW IT IS SHARED BY FCP AND THIRD PARTIES. IF YOU DO NOT AGREE TO THESE OR ANY OTHER SECTIONS OF THIS LICENSE, DO NOT INSTALL OR USE THE APPLICATION.
Grant. Through this purchase, you are acquiring and FCP grants you a personal, limited, non-exclusive license to install and use the Application for your non-commercial use on a single, authorised mobile device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or FCP's termination of this License.
Access to Features And/Or Services.
An FCP Account may be required to access certain services and/or features. You must be 17 + to register for an FCP Account.
Further Restrictions. Your right to use the Application is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorised by FCP. Unless expressly authorised by FCP, you are prohibited from making a copy of the Application available on a network where it could be used by multiple users. You are prohibited from making the Application available over a network where it could be downloaded by multiple users. You may not remove or alter FCP's trademarks or logos, or legal notices included in the Application or related assets. Your right to use the Application is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Application.
Reservation of Rights.
You have obtained a license to the Application and your rights are subject to this License. Except as expressly licensed to you herein, FCP reserves all right, title and interest in the Application (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of FCP and its licensors in the Application and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Application, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application. All rights not expressly granted herein are reserved by FCP.
In exchange for use of the Application, and to the extent that your contributions through use of the Application give rise to any copyright interest, you hereby grant FCP an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Application and related goods and services including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to FCP’s and other players’ use and enjoyment of such assets in connection with the Application and related goods and services under applicable law. The license grant to FCP, and the above waiver of any applicable moral rights, survives any termination of this License.
You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. FCP does not guarantee that this Application can be accessed on all devices or wireless service plans. FCP does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR DEVICE.
You agree that the Application may automatically download and install updates, upgrades and additional features that FCP deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation FCP may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
FCP may offer, for purchase, virtual coins, points or other virtual currencies (each individually or collectively referred to in this License as “FCP Virtual Currency”). By purchasing or otherwise acquiring FCP Virtual Currency, you obtain a limited license to access and select from content that FCP expressly makes available as part of this Application (the “Digital Content”).
FCP Virtual Currency has no monetary value and does not constitute currency or property of any type. FCP Virtual Currency may be redeemed for Digital Content only. FCP Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Digital Content. FCP Virtual Currency is non-refundable. You are not entitled to a refund for any unused FCP Virtual Currency.
During the term of your FCP Virtual Currency license, you have the right to redeem FCP Virtual Currency for selected Digital Content. FCP does not guarantee that any particular item offered as part of this Application will be available at all times or at any given time. FCP does not guarantee that we will continue to offer particular items for any particular length of time. FCP reserves the right to change and update our inventory of Digital Content without notice to you.
When you acquire Digital Content, you receive a limited license to use Digital Content for your personal non-commercial use with any specified permitted services that FCP identifies from time to time. FCP reserves all right, title and interest in Digital Content and all associated copyrights, trademarks, and other intellectual property rights therein. This Digital Content license is limited to the intellectual property rights of FCP in the Digital Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Digital Content.
Once you have redeemed FCP Virtual Currency for Digital Content, that content is not returnable, exchangeable, or refundable for FCP Virtual Currency or for cash, or other goods or services.
The term of your FCP Virtual Currency and Digital Content license starts when you acquire FCP Virtual Currency and/or Digital Content, and subject to this License, ends the earlier of (1) the second anniversary of the date of purchase or award (as the context requires and applicable to each individual purchase or award) and (2) the day that your access to this Application is cancelled, suspended or terminated as set forth in this License. If you have not used your FCP Virtual Currency for twenty four (24) months or more and your account has an FCP Virtual Currency balance, your FCP Virtual Currency shall expire and your account may be cancelled for non-use.
This application is NOT a medical application. The application does require you to exercise at a high tempo and increase your heart rate. If you have any concerns whatsoever regarding your health, you have a family history of heart disease or you are unfit, DO NOT USE this app. We STRONGLY recommend speaking with your doctor before commencing any kind of strenuous physical activity including using Wonder Apps.
For removal of doubt this application is not designed nor intended to provide any information about the person or persons of use’s wellbeing and should not be used in any circumstances whereby failure of the application or inaccuracy of performance could lead to death or injury in any way.
We recommend warming up by light jogging and stretching BEFORE beginning exercising and warming down with stretching and a walk.
In using our application you agree that FCP, it’s directors or employees or affiliates have no responsibility or liability financial whatsoever from any medical damage caused from use or misuse of this application and are not liable for any damage or risk in connection therewith.
2. Consent to Use of Data.
3. Third Party Ad-Serving Technology.
See Appendix A for a non-exclusive list of third parties that may collect data about your online behaviour via this Application. Appendix A includes both analytics companies and ad networks (discussed above in Section 2) and includes URL’s for those third parties’ privacy policies and opt outs (if applicable). You are responsible for reviewing the privacy policies of the third parties that may collect information via this Application. If you do not wish to review those privacy policies or if you are concerned about the information they may collect, do not install or use this Application. FCP does not guarantee that all third parties that may collect information about you via this Application have an opt out for behavioural tracking. In addition, FCP opting out of behavioural tracking from some or all of the entities listed in Appendix A will not opt you out of advertising entirely. Rather, if you opt out, you may continue to receive the same amount of mobile ads, but they may be less relevant because they will not be based on your interests.
This ad serving technology is integrated into the game; if you do not want to use this technology, do not install or use this Application.
4. Your Content Uploads, Communications and Your Responsibility.
The Application may offer opportunities for you to transmit messages or submit content in connection with various features including pictures, text, email, messages & chat. Any content submitted will be known as “UGC”.
You are solely responsible for your UGC and may be held liable for UGC that you post. You must have the legal right to upload UGC to FCP Services. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law and/or any third party's right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. FCP may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of FCP's or a third party's intellectual property or other rights, FCP may terminate your Account or access without notice to you. If your Account(s) or access is terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements associated with your Account.
FCP reserves the right (but has no obligation except as required by law) to moderate, remove, block, edit, move or disable UGC for any reason, including when FCP determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in FCP’s sole and final discretion. FCP does not endorse or approve any UGC that you and other users may contribute. To the maximum extent permitted by applicable law, FCP does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.
In any event, by installing and using this Application you acknowledge and agree that you will not:
Create a false identity for purposes of misleading others;
Defame, abuse, harass, threaten, discriminate, spam, violate the rights of others and/or otherwise interfere with others’ use and enjoyment of the Application;
Publish, transfer or distribute any inappropriate, indecent, obscene, foul, violent, sexual or unlawful conduct;
Transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar material that may damage the computer or other property of another user;
Use any portion of the Application to harvest or collect information about others, including but not limited to email address;
infringe the rights of third parties including, without limitation, copyright, trademarks, patents, rights of privacy or publicity or any other proprietary right;
FCP reserves the right to monitor communications on the Application and disclose any information FCP deems necessary to (i) ensure your compliance with this License; (ii) satisfy any applicable law, regulation or legal process; (iii) protect the rights, property and interests of FCP, its employees or the public. FCP also reserves the right to edit, refuse to transfer and/or to remove any information or materials, in whole or in part, in FCP's sole discretion.
If You are a rights owner and believe that any content made available through the Application infringes your rights and you wish us to remove it, suspend it or disable access to it, please send a notice by email with the subject line ‘Removal Request’ to help @ impossible. am. In your email please provide us with details of the content that you claim is infringing together with information sufficient to enable us to locate the content.
5. Consent to Public Display of Data.
6. Indemnification. Upon FCP's and/or its licensors' request, you agree to defend, indemnify and hold harmless FCP, its licensors and FCP affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these terms for which you are responsible or in connection with your distribution of any content on or through FCP services. Without limiting the generality of the foregoing, you agree to indemnify and hold FCP and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of FCP services and for all of your communication and activity on FCP services, including any UGC you contribute, and that you will indemnify and hold harmless FCP, FCP's licensors and FCP affiliates from any liability or damages arising from your conduct on FCP services, including any UGC that you contribute.
FCP and its licensors reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to FCP and/or its licensors in that matter. This Section shall survive termination.
This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from FCP if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of FCP's other rights or remedies at law or in equity. Sections 1(E), 2 through 16, and any Supplemental Terms of this License shall survive termination or expiration of this License for any reason.
8. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. FCP AND FCP'S LICENSORS (COLLECTIVELY “FCP” FOR PURPOSES OF THIS SECTION AND SECTION 9) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FCP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY FCP, APPLE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. 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.
9. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL FCP BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT FCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall FCP's total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Application.
10. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
11. Severability and Survival.
If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
12. U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Application provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer Application” and/or “commercial computer Application documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.
13. Injunctive Relief.
You agree that a breach of this License will cause irreparable injury to FCP for which monetary damages would not be an adequate remedy and FCP shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
14. Governing Law.
The laws of England, excluding its conflicts-of-law rules, govern this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts.
You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorisation. You certify that you are not a person with whom FCP is prohibited from transacting business under applicable law.
16. Entire Agreement.
This License constitutes the entire agreement between you and FCP with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by FCP. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
Supplemental Terms For Apple iPhone, iPod Touch, iPad Mini and iPad Users
These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Application on Apple, Inc. (”Apple”) iPhone, iPod touch and/or iPad products (collectively, ”Apple Devices”):
Through your purchase, provided that you comply with the terms of this License, you are acquiring and FCP grants you a personal, limited, non-exclusive and non-transferable license to install and use the Application on authorised Apple Device(s) for personal, non-commercial use and subject to the Usage Rules set forth in Apple’s App Store Terms and Conditions. This License does not entitle you to receive from FCP hard-copy documentation, support, telephone assistance or enhancements or updates to the Application.
You agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Application.
Apple 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 that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this License and that upon your acceptance of the terms and conditions of this License, Apple 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.
MOBILE ADVERTISING AND PARTNER NETWORKS
Amazon, Server Provider
Apple Inc., Cloud services, Apple Music, Game Center
Apptentive, Review and Feedback Network
Every Play, Video Recording Provider
Facebook, Social Network
Fiksu, Advertising Network
HasOffers, Advertising Network
Spotify, Music Service Provider
Supersonic, Advertising Network
Twitter, Social Network
Delta DNA, Analytics Provider
GameAnalytics, Analytics Provider
Flurry, Analytics Provider
Fuseboxx, Analytics Provider