The terms of this End-User License Agreement ("EULA" or "Agreement") govern your relationship between You and «Neuf Octobre» (“we”, “us” or “our”) having its registered address at 52 route de Lavérune, 34070 Montpellier, France.
By using our apps such as “Pu the panda”, “Bu the bunny”, “Inu the shiba” and “Oz the creature” or our websites, 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 Neuf Octobre and it governs your use of the Application made available to you by Neuf Octobre. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
If you do not agree to the terms of this Agreement, do not download or use our Applications.
The Application is licensed, not sold, to you by Neuf Octobre for use strictly in accordance with the terms of this Agreement.
For any questions regarding our EULA, you may contact us at this email address:
We grants you a revocable, non-exclusive, non-transferable, limited 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 Neuf Octobre or its affiliates, partners, suppliers or the licensors of the Application.
TERMS AND TERMINATION
This Agreement shall remain in effect until terminated by you or us.
We 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 us, 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.
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 Neuf Octobre'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.
AMENDMENTS TO THIS AGREEMENT
We reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
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.
MODIFICATION TO APPLICATION
We 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.
We 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 Neuf Octobre has no obligation to provide any Updates, or continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be deemed to constitute an integral part of the Application, and subject to the terms and conditions of this Agreement.
THIRD PARTY SERVICES
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 we 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. We 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.
Neuf Octobre has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Neuf Octobre shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Neuf Octobre its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
LIMITATION OF LIABILITY
In no event shall Neuf Octobre, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from a) your access to or use of or inability to access or use the Service; b) any conduct or content of any third party on the Service; c) any content obtained from the Service; and d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of Neuf Octobre and its licensors. The Service is protected by copyright, trademark, and other laws of both the France and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Neuf Octobre.
All of our Applications may offer in-app purchases, including subscriptions (“In-App Purchases”).
In-App Purchases are subject to the payment terms and conditions of the mobile platform from which You make Your purchase. (e.g. iOS Platform, Android Platform). We strongly advise you to read terms and conditions of the applicable platform provider before making any In-App Purchases.
By completing an In-App Purchase You obtain a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency, virtual items within our Application. Virtual Items are not redeemable or subject to refund.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
By signing up for a subscription, You agree that Your subscription will be automatically renewed and, unless You cancel Your subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Neuf Octobre cancels it. You can manage Your subscriptions in Your app store account settings or by contacting Neuf Octobre support.
You should be aware that a) our Applications does not provide a save system which may result in the loss of your subscription, virtual currency, virtual items, and other virtual content (“Virtual Items”) if you delete the application or change your device; b) The lack of connection to our applications throughout the duration of a subscription’s cycle cause the loss of the virtual currency, virtual items, and other virtual content (“Virtual Items”) due by the subscription during this cycle. The postponement of the subscription’s benefits cannot be cumulated from one cycle to another c) that deleting the Application from Your device does not always result in the cancellation of Your subscription.
We may manage, regulate, control, modify or eliminate Virtual Items and the price for Virtual Items at any time, with or without notice. We shall have no liability to You or any third party in the event that we exercises any such rights.
Except when required by law, paid Subscription fees and in-app purchases are non-refundable.
The Agreement constitutes the entire agreement between you and Neuf Octobre regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and us.
You may be subject to additional terms and conditions that apply when you use or purchase other Neuf Octobre's services, which Neuf Octobre will provide to you at the time of such use or purchase.
Updates to our EULA:
We reserve the right to make changes to our EULA.
Please consult it regularly in order to keep up-to-date with the changes made to it.
Please note that you must update to the latest version of the app for this agreement to apply.
Last Update 01 january 2019