Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User License Agreement:
- "Agreement" means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Hot Games For Everyone.
- "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Nikitin.
- "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available to You, regardless of the form of that content.
- "Country" refers to: the Ukraine
- "Device" means any device that can access the Hot Games For Everyone such as a computer, a cellphone or a digital tablet.
- "Family Sharing / Family Group" permits You to share Hot Games For Everyone with other family members by allowing them to view and download each other’s eligible Hot Games For Everyone to their associated Devices.
- "Third-Party Services" means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Hot Games For Everyone.
- "You" means the individual accessing or using the Hot Games For Everyone or the company, or other legal entity on behalf of which such individual is accessing or using the Hot Games For Everyone, as applicable.
Acknowledgment
Downloading or using the Hot Games For Everyone, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download or do not use the Hot Games For Everyone.
This Agreement is a legal document between You and the Company, and it governs your use of the Hot Games For Everyone made available to You by the Company.
This Agreement is between You and the Company only. Therefore, the Company is solely responsible for the Hot Games For Everyone and its content.
Since the Hot Games For Everyone can be accessed and used by other users via, for example, Family Sharing/Family Group, the use of the Hot Games For Everyone by those users is expressly subject to this Agreement.
The Hot Games For Everyone is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Hot Games For Everyone strictly in accordance with the terms of this Agreement.
You may only use the Hot Games For Everyone on a Device that You own or control.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
License Restrictions
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 Hot Games For Everyone or make the Hot Games For Everyone available to any third party.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Hot Games For Everyone.
Intellectual Property
Hot Games For Everyone, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Hot Games For Everyone or your use of it infringes any third-party intellectual property rights.
Modifications
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Hot Games For Everyone or any service to which it connects, with or without notice and without liability to You.
Updates
The Company may from time to time provide enhancements or improvements to the features/functionality of the Hot Games For Everyone, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Hot Games For Everyone. You agree that the Company has no obligation to:
(I) provide any Updates, or
(II) continue to provide or enable any particular features and/or functionalities of the Hot Games For Everyone to You.
You further agree that all updates or any other modifications will be:
(I) deemed to constitute an integral part of the Hot Games For Everyone, and
(II) subject to the terms and conditions of this Agreement.
Price and subscription
Monthly subscription:
- Hot – 3.99$
- Hard – 4.99$
- One-time purchase – 26.99$
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Hot Games For Everyone. To the extent that any maintenance or support is required by applicable law, the Company, shall be obligated to furnish any such maintenance or support.
Third-Party Services
Hot Games For Everyone 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.
You acknowledge and agree that the Company 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. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties Terms of agreement when using the Hot Games For Everyone. 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.
Hot Games For Everyone may contain links to other applications and Web sites (“Resources”), some of which are operated by the Company or its affiliates and others of which are operated by third parties (“Third Party Resources”). As a standard part of our Hot Games For Everyone, we may recommend that you access certain Third Party Resources. While we seek to recommend the best Resources for our members, you are encouraged to make your own investigations regarding Resources before using them. Hot Games For Everyone provides you access to and recommendation of Third Party Resources provided only as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information available on, in or through, Third Party Resources or the quality of them, and we are not responsible for the content of Third Party Resources or any other sites or any products or services that may be offered through those or any other Resources. Inclusion of links to Third Party Resources or recommendation of them should not be viewed as an endorsement of the content of these Resources. Different terms and conditions may apply to your use of any Third Party Resources. The Company is not responsible for any losses, damages or other liabilities incurred as a result of your use of any Third Party Resources.
Without limiting the generality of the foregoing, we may elect, in our discretion, to utilize social logins, allowing you to login to the Hot Games For Everyone via other third party authentication services, such as (without limitation) via your Facebook, Twitter, LinkedIn, Google, or other account credentials. You understand that these are third party services, and this in no way creates and endorsement of, by or from us to them or vice versa, that we are not responsible for their logins, systems or data, and that by using such third party logins, you may be subject to their respective privacy policies and other terms of use.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company 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 the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Hot Games For Everyone and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Hot Games For Everyone and delete all copies of the Hot Games For Everyone from your Device.
Termination of this Agreement will not limit any of the Company'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.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your:
(a) use of the Hot Games For Everyone;
(b) violation of this Agreement or any law or regulation; or
(c) violation of any right of a third party.
Indemnification
Hot Games For Everyone is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Hot Games For Everyone, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Hot Games For Everyone will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied:
(I) as to the operation or availability of the Hot Games For Everyone, or the information, content, and materials or products included thereon;
(II) that the Hot Games For Everyone will be uninterrupted or error-free;
(III) as to the accuracy, reliability, or currency of any information or content provided through the Hot Games For Everyone; or
(IV) that the Hot Games For Everyone, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Hot Games For Everyone.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Hot Games For Everyone, third-party software and/or third-party hardware used with the Hot Games For Everyone, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Hot Games For Everyone. To the extent You have any claim arising from or relating to your use of the Hot Games For Everyone, the Company is NOT responsible for addressing any such claims, which may include, but not limited to:
(I) any product liability claims;
(II) any claim that the Hot Games For Everyone fails to conform to any applicable legal or regulatory requirement; and
(III) any claim arising under consumer protection, or similar legislation.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
By continuing to access or use the Hot Games For Everyone 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 Hot Games For Everyone.
Governing Law
The laws of the Country shall govern this Agreement and your use of the Hot Games For Everyone.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Hot Games For Everyone and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services or goods, which the Company will provide to You at the time of such use or purchase.