Abovegames Terms of Service

Last updated: 20 May 2022


These Terms of Service constitute a legally binding agreement (the “Agreement”) between you, whether personally or on behalf of an entity (“you”) and Abovegames (“we,” “us” or “our”). Please read the Agreement carefully. By using the Application, you are agreeing to be bound by these terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using the Application.


We may modify these Terms of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates.


These Terms of Service shall remain in full force and effect while you use the Application.


We respect the intellectual property rights of others and expect users to do the same. Unless otherwise indicated, the Application and associated content is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Russian Federation, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms of Service, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.


If you access the Application via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms of Service of this mobile application license contained in these Terms of Service.
You shall not:
1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
We reserve the right, but not the obligation, to:
1. monitor the Application for violations of these Terms of Service;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
5. otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.


The App may contain links to websites operated by third parties (“Third Party Sites”).We are not responsible if any such information is not up-to-date. The websites and third-party content to which we link may have separate privacy notices or policies. We are not responsible for the privacy practices of any entity that it does not own or control. We encourage you to review the privacy policies of such third parties before providing them with any personal information.


The Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of the Russian Federation, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Application.
You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Russian Federation in respect of any dispute arising out of and/or in connection with these Terms of Service.


We reserve the right to add or remove features or functions to existing Apps. We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. When installed on your mobile device, the Apps periodically communicate with our servers. We may require the updating of the Apps on your mobile device when we release a new version of the Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Apps may be ended upon the availability of updates, supplements or subsequent versions of the Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Apps.
We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.


To the extent permitted by applicable law, our services are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the services, we do not make any representations about or imply that we endorse any user content or contributions available on or linked to by the services, including without limitation, content or contributions hosted on third party sites. We cannot guarantee and do not promise any specific results from use of the services. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these terms of service. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the services and your use thereof.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the application, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the service’s content, the content of any site linked to the services, contributions, information or any other items or materials on or linked to by the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the application by any third party, and/or, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the application, (5) any errors or omissions in any content and materials.


You agree to indemnify and hold harmless Infokombinat and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (1) your use of our Services; (2) User Content provided by you or through use of your Membership; (3) any actual or alleged violation or breach by you of these Terms of Use; (4) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (5) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.


You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to our apps and services. We may use this information in accordance with the Privacy Policy.
If you choose to provide app store reviews or reviews via any social medial channel, or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.


We care about data privacy and security. Please review our Privacy Policy: http://www.abovegames.com/privacy-policy.html. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.


Abovegames has the following contact information:
Address: Fragklinou Rousvelt, 140 Office 101 3011, Limassol, Cyprus
E-mail: contact@abovegames.com

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