These Terms of Use ("Terms") are an agreement between you and Ovation Creations LLC ("Ovation Creations," "we," "us"), 7901 4th St N #36907, St. Petersburg, FL 33702. They apply to our apps, including Sudoku Splash, RowdyRows, TallyBones and NimbleNines, and to ovationcreations.com (together, the "Services"). By downloading, installing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. License to use our apps
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use our apps on devices you own or control, for your own non-commercial entertainment, subject to these Terms and the rules of the store you got the app from. You may not copy, modify, distribute, sell, rent, reverse engineer or create derivative works of the apps, except where the law expressly allows it.
2. App Store and Google Play
If you download an app from the Apple App Store, Apple's Licensed Application End User License Agreement (the "Standard EULA") also applies, and these Terms are in addition to it. These Terms are between you and Ovation Creations only, not Apple. Apple is not responsible for the apps or their content, has no obligation to provide maintenance or support, and is not responsible for any product claims, including claims that an app fails to meet legal or regulatory requirements. If an app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; Apple has no other warranty obligation. Apple is not responsible for investigating or defending any claim that an app infringes someone's intellectual property. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm that you are not located in a country subject to a US government embargo and are not on any US government list of prohibited or restricted parties.
If you download an app from Google Play, the Google Play Terms of Service also apply.
3. Purchases
Our apps do not currently offer in-app purchases. If a future version does, purchases will be made through Apple or Google, which process payment and handle billing and refunds under their own terms. Prices will be shown in the store before you buy.
4. Points, stars and in-game items
Points, stars, ranks, streaks, styles and other in-game rewards have no monetary value, cannot be exchanged for money, and are stored on your device. They may be lost if you delete the app or change devices.
5. Advertising
Our apps do not currently show ads. If a future version does, the ads will be provided by third parties. We are not responsible for the content of third-party ads or the products they promote. How ad data is handled is described in our Privacy Policy.
6. Acceptable use
Do not use the Services in a way that breaks the law, interferes with the Services or other people's use of them, attempts to get around purchases or ads by tampering with the apps, or infringes anyone's rights.
7. Our content
The apps, puzzles, artwork, sounds, text, logos and the names Ovation Creations, Sudoku Splash, RowdyRows, TallyBones and NimbleNines are owned by or licensed to Ovation Creations LLC and protected by law. These Terms do not give you any rights to them beyond the license in section 1.
8. Updates and changes
We may update, change or discontinue the apps or any feature at any time. Some updates may be required to keep using an app.
9. Privacy
Our Privacy Policy explains how information is handled when you use the Services.
10. Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT ALLOWED BY LAW. We do not promise that the Services will be uninterrupted or error-free.
11. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, OVATION CREATIONS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE APP OR PURCHASE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM, OR US $10. Some places do not allow these limits, so they may not apply to you.
12. Governing law
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law rules. Any dispute will be resolved in the state or federal courts located in Pinellas County, Florida, and you and we consent to their jurisdiction, except where the law of your place of residence gives you the right to bring a claim locally.
13. Termination
Your license ends automatically if you break these Terms. You can stop using the Services at any time by deleting the apps.
14. Changes to these Terms
We may update these Terms. We will post the new version on this page and update the date at the top. Continuing to use the Services after a change means you accept the updated Terms.
15. Contact
Ovation Creations LLC
7901 4th St N #36907
St. Petersburg, FL 33702
[email protected]
(727) 371-6884