TERMS OF USE

1. Introduction

This is Terms of use (the “Terms”) of the mobile application Baby Games (preschool kids) (the “App”), published by Kids Games CJSC. By accessing/using/recommending/signing up/referring to someone/opening App, we assume you accept these Terms, and you declare that you expressly accept the Terms of the App without any force and coercion. You are hereby warned and made clear without any kind of ambiguity that if you do not accept these Terms you may not proceed further. You are also being made aware that if you sign up/move forward/access/recommend to someone without accepting the Terms, you would keep App, its owners/affiliates/employees and all person affiliated with App, harmless and you waive off all your rights to sue the App its owners and all affiliates. Do not continue to use Baby Games if you do not agree to take all of the Terms stated on this page. You accept the Terms by remaining on the App.

2. Copyright and Intellectual Property

The App, the Services and all of the related products of ours are subject to copyright. The material on the App is protected by copyright under the laws and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, App, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by us.

We does not grant you any other rights whatsoever in relation to the App or the Services. All other rights are expressly reserved by us.

We retain all rights, title, and interest in and to the App and all related Services. Nothing you do on or in relation to the App will transfer any:

1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or

2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or

3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

We reserve the right to request that you remove all links or any particular link to our App. You approve to immediately remove all links to our App upon request. We also reserve the right to amend these Terms and it’s linking policies at any time. By continuously linking to our App, you agree to be bound to and follow these linking Terms.

3. Subscriptions & cancellations

Payments, taxes, cancellations and refunds are processed by the application stores which are listed in our App. The App holds limited ability to control or make changes any aspect of your subscription purchased through app store. For processing the payments, cancellations and refunds follow the instructions of the app store where you purchased the App. To cancel auto-renewal, turn it off from your app store account settings at least 24 hours prior to the end of the current billing cycle.

4. Confidential Information

You hereby declare that any confidential information related to anyone that is acquired during the course of the use of this App, shall be kept to yourself and shall not be made public in any manner. You shall not make public any conversation, pictures, and videos of any one that were disclosed to you without the written consent of the person. Any claim arising out the dispute regarding the confidential information shall be the responsibility of the users and the App and we shall be placed unharmed and no action can be taken against us.

5. Content Liability

We shall not in any manner whatsoever shall be held responsible for any content that appears on our App. You agree to protect and defend us against all claims that is arising on our App. No link should appear on App that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

6. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

2. We shall not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the App and the Services is at your own risk. Everything on the App and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and our licensors make any express or implied representation or warranty about the Services or any products or Services (including the our products or Services) referred to on the App, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;

2. the accuracy, suitability or currency of any information on the App, the Services, or any of its Services related products (including third party material and advertisements on the App);

3. costs incurred as a result of you using the App, the Services or any of the our services; and

4. the Services or operation in respect to links which are provided for your convenience.

7. Limitation of liability

1. Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

2. You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

8. Indemnity

You agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

2. any direct or indirect consequences of you accessing, using or transacting on the App or attempts to do so; and/or

3. any breach of the Terms.

9. Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (the ‘Dispute ’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (the ‘Notice’) by that other party, the parties to the Terms (‘Parties ’) must:

1. Endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

2. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

10. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the App, you agree that the exclusive venue for resolving any dispute shall be at the Rep. of Armenia.

1. Governing Law

The Terms are governed by the laws of the Rep. of Armenia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the Rep. of Armenia, without reference to conflict of law principles, notwithstanding mandatory rules.

The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

2. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

3. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

11. Contact us

In case you have any kind of query or question regarding the Terms you may contact us at hi@kidsgames.mom.