MOBILE APP TERMS OF USE
Snakebyte Digital Limited
By installing the App (as defined below), you agree to be bound by these terms of use (the “Terms of Use”). Please review them carefully before installation and/or acceptance.
The "App" shall mean GameStore, the software provided by Snakebyte Digital Limited to be used on Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the App.
Any personal information you supply to Snakebyte Digital Limited when using the App will be used by Snakebyte Digital Limited in accordance with its Privacy Policy.
The App provides a subscription service that allows members to download, install and play Android games (“App Content”) over the Internet to certain Internet-connected Android smartphones and tablets ("App ready devices"). The App service is provided to you by Snakebyte Digital Limited, a limited liability company duly incorporated and registered under the laws of Hong Kong (referred herein as the “Company”). These Terms of Use govern your use of our service. As used in these Terms of Use, "App service", "our service" or "the service" means the service provided by the Company for downloading, installing and playing App content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
5 Membership
5.1 Your App membership will continue month-to-month until terminated. To use the App service, you must have internet access and a App ready device, and provide a current, valid, accepted method of payment, which you may update from time to time (the “Payment Method”). Unless you cancel your membership before your monthly billing date, you authorise us to charge your next month’s membership fee to your Payment Method. You can find specific details regarding your App membership by visiting our website and clicking on the “Your Account” ink available at the top of pages of the App website under your profile name.
6 Free Trials
6.1 Your App membership may start with a free trial. The free trial period of your membership lasts for 15 days, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service.
6.2 Free trial eligibility is determined by the Company at its sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent App membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent App membership to determine eligibility. For combinations with other offers, restrictions may apply.
6.3 We will charge your Payment Method with your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and login to the "Your Account" page.
7 Billing
7.1 The membership fee for the App service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and login to the "Your Account" page to see your next payment date.
7.2 You can change your Payment Method by visiting our website and clicking on the "Your Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
7.3 You can cancel your App membership at any time, and you will continue to have access to the App service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or not played App content. To cancel, go to the "Your Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, login to the "Your Account" page. If you signed up for App using your account with a third party as a Payment Method and wish to cancel your App membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the App service through that third party. You may also find billing information about your App membership by visiting your account with the applicable third party.
7.4 Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.
8 App Service
8.1 The App service and any content viewed through the service are for your personal and non-commercial use only. During your App membership, we grant you a limited, non-exclusive, non-transferable, license to access the App service and view App content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
8.2 You may play the App content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to play may vary by geographic location and will change from time to time. The number of devices on which you may download, install and play App content is limited to five (5) App ready devices.
8.3 You agree to use the App service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the App service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the App service; use any robot, spider, scraper or other automated means to access the App service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the App service; insert any code or product or manipulate the content of the App service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the App service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
8.4 The quality of the App content may vary from device to device, and may be affected by a variety of factors, such as your location, device capabilities, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to download, install and begin playing App content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration and capabilities of your App ready device.
8.5 The App software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the App and related third-party software.
9 Passwords & Account Access
9.1 The member who created the App account and whose Payment Method is charged (the "Account Owner") has access and control over the App account and the App ready devices that are used to access our service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on playing history for the account), the Account Owner should maintain control over the App ready devices that are used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you.
10 Proprietary Rights and Licence
11.1 You will not, nor allow third parties on your behalf to:
(a) make and distribute copies of the App;
(c) create derivative works of the App of any kind whatsoever.
12.3 Snakebyte Digital Limited will not be responsible for any support or maintenance for the App.
(a) the rights and licences granted to you herein shall terminate; and
(b) you must cease all use of the software.
To the maximum extent permitted by law, and for the avoidance of doubt, Snakebyte Digital Limited hereby disclaims all implied warranties with regard to the App. The App and software are provided "as is" and "as available" without warranty of any kind.
17 Governing Law and Jurisdiction
This Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.
For any query, please contact Customer Service of the Company via email to support@gamestoreapp.com.
