PRIVACY POLICY
HA Apps
Effective May 24, 2019
In this Privacy Policy we explain:
- The ways we
collect personal data about you and why we do so
- How we use your
personal data, and
- The choices you
have about your personal data.
This Privacy Policy applies to all of HA Apps’s games, websites
and other related services, collectively the “Services”. Please note that we
may from time to time update this Privacy Policy by posting a new version on HA
Apps.net. If we make any material changes, we will notify you by posting a
notice in the Services prior to the change becoming effective. Your continued
use of the Services after the effective date will be subject to the new Privacy
Policy.
How to contact us
If you have questions about data protection or if you have any
requests for resolving issues with your personal data, we encourage you to
primarily contact us through our games so we can reply to you more quickly.
Name of the company collecting the personal data (the controller):
HA Apps Oy
Address: menouf, Menoufya, Egypt
Email: atallah.official@gmail.com
ha-apps-eg.blogspot.com
The personal data we
collect
Data you provide us
- Player nickname
- Other data you
choose to give us (such as information in player support tickets)
Data we collect automatically
- Your IP address
and mobile device identifiers (such as your device ID, advertising ID, MAC
address and IMEI)
- Data about your
device, such as device name and operating system, browser type and
language
- Data we collect
with cookies and similar technologies (see more below)
- Coarse location
data (country or city-specific)
- We also may
create a HA Apps and/or game-specific ID for you when you use the Services
Data we collect from our partners
- Data we receive
if you link a third-party tool with the Services (such as login using your
Facebook or Google account)
- Demographic data
(such as to determine the coarse location of your IP address)
- Data to fight
fraud (such as refund abuse in games)
- Data from
platforms that the games run on (such as to verify payment)
- Data for
advertising and analytics purposes, so we can keep improving our games
Why we collect your data
To make the Services work (performance of contract)
We process data necessary to
- Create accounts
and allow you to play our games and use our Services
- Operate the
Services
- Verify and
confirm payments
- Provide and
deliver products and services you request
- Send you
communication related to the Services
To make the Services more enjoyable for our players (legitimate
interests)
We collect and process necessary data to
- Update and
develop player profiles
- Develop and
improve the Services and player experience
- Manage our
relationship with you
- Provide social
features as part of the Services
- Customize your
Services experience
- Respond to your
comments and questions and provide player support
- Provide you
offers in the Services related to other HA Apps products and services
- Send you related
information, such as updates, security alerts, and support messages
- Enable you to
communicate with other players
To show personalized advertisements (legitimate interests or
consent depending on applicable jurisdiction)
We collect, process and transfer to our third-party partners
personal data to:
- Track the
content you access in connection with the Services and your online
behavior
- Deliver, target
and improve our advertising and the Services
To keep the Services safe and fair
Ensuring a level playing field in the Services is a top priority
for us.
In order to keep the Services and their social features safe and
fair, to fight fraud and ensure acceptable use otherwise, we have a legitimate
interest to process necessary data to
- Analyze and
monitor use of the Services and its social features
- Moderate chats
either automatically or manually
- Take action
against fraudulent or misbehaving players
To analyze, profile, and segment
In all of the above cases and purposes, we may analyze, profile
and segment all collected data in anonymized form.
With your consent
With your consent, we may process your data for additional
purposes, such as using your location based on your IP address to show you
local events.
Who can see your data
Apart from HA Apps, your data can be accessed by others in the
following situations:
Other players and users
Social features are a core component of our games. Other players
and users may, for example, see your profile data, in-game activities and read
the messages you have posted.
Partners working for HA Apps
HA Apps has partners to perform certain services for us. These
partners process your data only at and according to HA Apps’s instructions in
order to provide the Service, such as hosting, player support, advertising,
analytics and fraud prevention.
HA Apps’s development partners
HA Apps works as a publisher for several game development
companies. These development partners may process your personal data for the
purposes described herein and where applicable, working as joint controllers of
the processed data together with HA Apps. A list of these partners is available
at HA Apps Partners.
Other companies and public authorities
In order to combat fraud and illegal activity, we may exchange
data with other companies and organizations and provide it to public
authorities in response to lawful requests.
We may also disclose your data based on your consent, to comply
with the law or to protect the rights, property or safety of us, our players or
others.
Advertising and social media partners
The Services include features from our partners, such as social
media interaction tools and in-game advertising. A list of these partners is
available at HA Apps Partners. These partners may access
your data and operate under their own privacy policies. We encourage you to
check their privacy policies to learn more about their data processing
practices.
International data transfers
Our Services are global by nature and your data can therefore be
transferred to anywhere in the world. Because different countries may have
different data protection laws than your own country, we take steps to ensure
adequate safeguards are in place to protect your data as explained in this
Privacy Policy. Adequate safeguards that our partners may use include standard
contractual clauses approved by EU Commission and the Privacy Shield
certification in case of transfers to the USA.
Your rights and options
Opt-out of targeted advertising
You can always opt-out of directed advertising in our games by
checking the privacy settings of your device. Please review your device’s user
manual on how to do so. For more information, see also: HA Apps
Partners
Access the personal data we hold about you
If you request, we will provide you a copy of your personal data
in an electronic format.
Your other rights
You also have the right to correct your data, have your data
deleted, object how we use or share your data, and restrict how we use or share
your data. If certain personal data is processed based on consent given by you,
such consent can also be withdrawn by you at any time, for example in the
applicable game's settings.
We will respond to all requests within a reasonable timeframe. If
you have an unresolved privacy or data use concern that we have not addressed
satisfactorily, please contact your local data protection authority within the
European Economic Area for unresolved complaints.
Cookies and similar
technologies
Like most online services, we and our partners use cookies and
similar technologies to provide and personalize the Services, analyse use,
target advertisements and prevent fraud. You can disable cookies in your
browser or device’s settings, but some parts of the Services may then not
function properly.
How do we protect your data
Security Safeguards
In order to help ensure a secure and safe player experience, we
are continuously developing and implementing administrative, technical and
physical security measures to protect your data from unauthorized access or
against loss, misuse or alteration.
Data retention
We retain your data for as long as your account is active or as
needed to provide you the Services. We will for example periodically
de-identify unused game accounts and we regularly review and de-identify
unnecessary data.
Note that if you ask us to remove your personal data, we will
retain your data as necessary for our legitimate business interests, such as to
comply with our legal obligations, resolve disputes, and enforce our
agreements.
Age limits
We do not knowingly collect or solicit personal data about or
direct or target interest-based advertising to anyone under the age of 13 or
knowingly allow such persons to use our Services. If you are under 13,
please do not send any data about yourself to us, including your name, address,
telephone number, or email address. No one under the age of 13 may
provide any personal data. If we learn that we have collected personal
data about a child under age 13, we will delete that data as quickly as
possible. If you believe that we might have any data from or about a
child under the age of 13, please contact us.
HA Apps
(End User License
Agreement)
TERMS OF SERVICE
may 24, 2019
Welcome to use the services of HA Apps Oy (“HA Apps” or “We”).
These Terms of Service (“Terms”) apply to the use of all services provided by HA
Apps, including games developed and/or published by HA Apps, HA Apps’s and
aforementioned games’ webpages and other services, such as applications or any
social functions ofthe aforementioned services or any other services HA Apps
has attached these Terms to (“Services”). These Terms govern the relationship
between you and HA Apps regarding your use of the Services. By downloading,
installing, accessing or using any part of the Services you agree to these
Terms and agree to be bound by them. Use of the Services is also governed by HA
Apps’s Privacy Policy and other relevant policies, which are incorporated
herein by reference. These Terms along with HA Apps’s Privacy Policy
affect your legal rights and obligations. If you do not agree to these Terms,
you may not access or use the Services.
Before accessing or using the Services, you must agree to these
Terms of Service and HA Apps’s Privacy Policy. By using the Services you
represent that you are age13 or older. If you are between the ages of 13 and
17, or a minor according to laws applicable to you, you represent that your
legal guardian or legal representative hasreviewed and agreed to these Terms
and has given you permission to access and use the Services.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU
AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF
SERVICES, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF
THE SERVICES IS VOID WHERE PROHIBITED.
HA Apps reserves the right to make changes to these terms at any
time. Your continued use of the Services will be deemed to confirm your
acceptance of the updated terms. In addition to these Terms, you agree to abide
by any supplemental policies of the Services, such as policies related to
specific services (including without limitation forums, chats, contests or
sweepstakes) as well as all other related operating rules or policies, each of
which is incorporated by reference whereapplicable.
When you access the Services through a mobile network, your
network or roaming provider’s messaging, data and other rates and fees will
apply. Downloading, installing or using the Services may be prohibited or
restricted by your network provider and the some or all parts of the Services
may not work with your network provider or device.
1. License
Subject to you agreeing to these Terms and your continued
compliance with these Terms and any other relevant policies, HA Apps grants you
a non-exclusive, non-transferable, non-sublicensable, revocable and limited
license to access and use theServices for your own non-commercial entertainment
purposes. You agree not to use the Services for any other purpose.
The Services are provided to you for your personal and
non-commercial use only. You shall not sell, rent or give away your access to
the Services, create Services accounts by using false identities or
information, or on behalf of someone other than yourself. You shall not use the
Services if you have previously been removed from using any part of the
Services by HA Apps, or previously been banned from playing any HA Apps game.
You may be required or given the choice to create a user account
and/or choose a username for your use in the Services. HA Apps reserves the right
to remove or reclaim any usernames at any time and for any reason, including
but not limited to claims by a third party that a username violates the third
party's rights.
By default the Services support only one player account per game
on a supported device. Additionally, the Services may not support using a
single account across multiple devices.
a. License Limitations
Your use of the Services is strictly tied to your compliance with
these Terms. Any useof the Services in violation with these Terms is strictly
prohibited and can result in the immediate revocation of your limited license
and may subject you to liability towards HA Apps or liability for violations of
law.
You agree that you will not, under any circumstances:
- use the Services
for fraudulent or abusive purposes (including, without limitation, by
using the Services to impersonate any person or entity, or otherwise
misrepresent HA Apps’s affiliation with any person, entity or the
Services);
- disguise,
anonymize or hide your IP address or the source of any material or content
that you upload into the Services;
- interfere with
or disrupt the Services, servers or networks that provide the Services;
- attempt to
decompile, reverse engineer, disassemble or hack any of the Services, or
to defeat or overcome any of the encryption technologies or
securitymeasures or data transmitted, processed or stored by HA Apps;
- post any
information that is abusive, threatening, obscene, defamatory, libelous,
or racially, sexually, religiously, or otherwise objectionable or
offensive or engage in ongoing toxic behavior, such as by repeatedly
posting information on an unsolicited basis;
- post any
information that contains nudity, excessive violence, or offensive subject
matter or that contains a link to such content;
- attempt to, or
harass, abuse, or harm, or advocate or incite harassment, abuse, or harm
of another person, group, including HA Apps’s employees, including HA Apps’s
customer service representatives;
- solicit or
attempt to solicit login information or any other login credentials or
personal information from other users of the Services;
- ‘harvest’,
‘scrape’, collect or post any information about or regarding other people
that use the Services, including, but not limited to any personal data or
information (including but not limited to ‘pixel tags’ cookies, graphics
interchange formats (‘gifs’) or similar items a.k.a ‘spyware’ or ‘pcms’
(passive collection mechanisms);
- disrupt the
normal flow of a game or otherwise act in a manner that is likely to
negatively affect other players’ ability to compete fairly when playing
the games;
- institute,
assist, or become involved in any type of attack, including without
limitation distribution of a virus, denial of service attacks upon the
Services, or other attempts to disrupt the Services or any other person's
use or enjoyment of the Services;
- disobey any
requirements or regulations of any network connected to the Services;
- circumvent
technological measures designed to control access to, or elements of, the
Services; or
- do anything else
that HA Apps deems not to be within the spirit of fair play or intent of
the Services.
You acknowledge and agree that you are solely responsible for your
actions in the Services and actions made in the Services using your player account.
HA Apps reserves the right to determine what conduct it considers
to be in violation of these Terms or other rules of the Services, or otherwise
outside the intent or spirit of these Terms of Service or the Service itself. HA
Apps reserves the right to take action as a result, which may include
terminating your access to the Services in whole or in part.
2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, HA APPS MAY LIMIT, SUSPEND,
TERMINATE, MODIFY, OR DELETE PLAYER ACCOUNTS OR ACCESS TO THE SERVICES OR
PORTIONS THEREOF IF YOU ARE, OR HA APPS SUSPECTS THAT YOU ARE, FAILING TO
COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR
IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR
USER NAME AND PERSONA IN THE SERVICES AS A RESULT OF ACCOUNT TERMINATION OR
LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED
ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND HA APPS IS UNDER NO
OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, HA APPS MAY LIMIT, SUSPEND OR
TERMINATE THE SERVICES AND PORTIONS THEREOF, PROHIBIT ACCESS TO SERVICES’ GAMES
AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED
CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE
SERVICES IF HA APPS BELIEVES THAT THE USERS ARE CREATING RISK OR POSSIBLE LEGAL
LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR
ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR OTHER
POLICIES. ADDITIONALLY, HA APPS MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS
SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO HA APPS BELIEVERS
MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
HA APPS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN
INACTIVE FOR 180 DAYS.
HA Apps reserves the right to stop offering and/or supporting the
Services or a particular game or part of the Services at any time, at which
point your license to use the Services or a part thereof will be automatically
terminated. In such event, HA Apps shall not be required to provide refunds,
benefits or other compensation to users in connection with such discontinued
Services.
Termination of your account can include disabling your access to
the Services or anypart thereof including any content you submitted or others
submitted.
You may terminate your account at any time and for any reason by
contacting our customer support at support@HA Apps.com or by using the in-game
“contact support” function available in some games.
3. Third-Party Services and Material
The Services may contain links to websites or services operated by
third parties or feature content which is made available by third-party
services and enable you to access and use certain third-party services (such as
video sharing services). Use of any websites or services operated by third
parties, third-party services and/or content in third-party services shall be,
in addition to these Terms, subject to the relevant third-party service
provider’s terms and conditions applicable to use of such third-party services
or the applicable license(s) under which any such content is made available. HA
Apps assumes no responsibility for such third-party services and/or content in
third-party services.
These Terms shall be in addition to (and take precedence over where
not prohibited)any terms and conditions, applicable to the distribution
platform (such as an application store including e.g. Apple App Store, Google
Play or Microsoft Store) through which you are acquiring the Services, agreed
to between you and the relevant third-party entity.
4. Ownership
a. Intellectual Property Rights
All rights, title and interest in and to the Services (including
without limitation any games, titles, computer code, themes, objects,
characters, names, dialogue, catch phrases, concepts, artwork, animations,
sounds, musical compositions, audio-visual effects, moral rights,
documentation, in-game chat transcripts, recording of games played using HA
Apps’s game clients and HA Apps’s game clients and server software) (“HA Apps Property”)
are owned by or licensed to HA Apps, subject to copyright and other
intellectual property rights under Finnish and foreign laws and international
conventions. HA Apps reserves all rights, including without limitation,all
intellectual property rights or other proprietary rights, in connection with
its games and the Service. Except as expressly provided in the Terms, HA Apps
does not grant any express or implied rights to the HA Apps Property.
b. Accounts
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR
OTHERPROPERTY INTEREST IN ANY SERVICES ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND
AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY
AND INURE TO THE BENEFIT OF HA APPS.
c. Virtual Items
HA Apps owns, has licensed, or otherwise has rights to use all of
the content that appears in the Services. Notwithstanding any provision to the
contrary herein, you agree that you have no right or title in or to any content
that appears in the Services, including without limitation the virtual goods or
currency appearing or originating in any part of the Services, whether earned
in a game or purchased, or any other attributes associated with an account or
stored on the Services.
5. User Content
"User Content" means any communications, images, sounds,
and all the material, data, and information that you upload or transmit to the
Services, or that other users upload or transmit, including without limitation,
any chat text. By transmittingor submitting any User Content while using the
Services, you affirm, represent and warrant that such transmission or
submission is (a) accurate and not confidential or misleading; (b) not in
violation of any laws, contractual restrictions or other third party rights,
and that you have permission from any third party whose personal information or
intellectual property is comprised in the User Content; (c) free of viruses,
adware, spyware, worms or other malicious code; and (d) you acknowledge and
agree that any of your personal information within such content will at all
times be processed by HA Apps in accordance with its Privacy Policy.
HA Apps assumes no responsibility for the conduct of any user
submitting any User Content, and assumes no responsibility for monitoring the
Services for inappropriate content or conduct. HA Apps does not, and cannot,
pre-screen or monitor all User Content. Your use of the Services is at your own
risk. By using the Services, you may be exposed to User Content that is
offensive, indecent or otherwise not in line with your expectations. You bear
all risks associated with the use of any User Content available in connection
with the Services. At our discretion, our representatives or technology may
monitor and/or record your interaction with the Services or communications
(including without limitation chat text) when you are using the Service.
By agreeing to these Terms, you hereby provide your irrevocable
consent to such monitoring and recording. You acknowledge and agree that you
have no expectation of privacy concerning the transmission of any User Content,
including without limitation chat text or voice communications.
HA Apps reserves the right in its sole discretion to review,
monitor, prohibit, edit, delete, disable access to or otherwise make
unavailable any User Content (includingwithout limitation your User Content)
without notice for any reason or for no reason at any time. If at any time HA
Apps chooses, in its sole discretion, to monitor the Services, HA Apps
nonetheless assumes no responsibility for User Content and assumes no
obligation to modify or remove any inappropriate User Content. HA Apps has the
right, but not the obligation, in its sole discretion to edit, refuse topost,
or remove any User Content.
a. Public Discourse
The Services may include various forums, blogs and chat features
where you can post User Content, including your observations and comments on
designated topics.HA Apps cannot guarantee that other members will not use the
ideas and information that you share. Therefore, if you have an idea or
information that you would like to keep confidential and/or don't want others
to use, do not post it on the Services. HA Apps shall have no responsibility to
evaluate, use or compensate you for any ideas or information you may choose to
submit.
b. Responsible for Your Own Content
You are solely responsible for the information that you post on,
through or in connection with the Services and that you provide to others. HA
Apps may reject, refuse to post or delete any User Content for any or no
reason, including, but not limited to, User Content that in the sole judgment
of HA Apps violates these Terms.
c. Your License to HA Apps
You hereby grant to HA Apps an unlimited, irrevocable, perpetual,
transferable, fully paid-up, royalty-free, worldwide license (including the
right to sublicense and assign to third party) and right to copy, reproduce,
fix, adapt, modify, create derivative works from, manufacture, commercialize,
publish, distribute, sell, license,sublicense, commercially exploit, transfer,
lease, transmit, publicly display, publicly perform, or provide access to
electronically, broadcast, communicate to the public by telecommunication,
display, perform, enter into computer memory, and use and practice, in any way,
your User Content as well as all modified and derivative works thereof in
connection with our provision of the Services, including marketing and
promotions of the Services. You also hereby grant to HA Apps the right to
authorizeothers to exercise any of the rights granted to HA Apps under these
Terms. You further hereby grant to HA Apps the unconditional, irrevocable right
to use and exploit your name, likeness and any other information or material
included in any User Content and in connection with any User Content, without
any obligation to you. Except as prohibited by law, you waive any rights of
attribution and/or any moral rights you may have in your User Content,
regardless of whether your User Content is altered or changed in any manner. HA
Apps does not claim any ownership rights in your User Content and nothing in
these Terms is intended to restrict any rights that you may have to use and
exploit your User Content. HA Apps has no obligation to monitor or enforce your
intellectual property rights inor to your User Content.
d. User Interactions
You are solely responsible for your interactions with other users
of the Services and any other parties with whom you interact through the
Services. HA Apps reserves the right, but has no obligation, to become involved
in any way with these disputes. You will fully cooperate with HA Apps to
investigate any suspected unlawful, fraudulent or improper activity.
If you have a dispute with one or more users, you release HA Apps
(and its officers,directors, agents, affiliates, parent companies,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes.
e. Social Media and Game Content
With the limitations set in these Terms, you have the right to
upload captions (such as audio, video and screenshots) of the Services to
social media services (such as Facebook), online video services (such as
YouTube), online picture sharing services (such as Instagram). All such
material must be uploaded without editing them in a way that misrepresents the
Services or any games included in the Services.
6. Fees and Purchase Terms
a. Purchases
In the Services you may purchase, with "real world"
money, a limited, personal, non-transferable, non-sublicensable, revocable
license to use (a) "virtual currency", including but not limited to
virtual cash or gems, all for use in the Services; and (b) "virtual
in-game items" (together with "virtual currency", "Virtual
Items"). You are only allowed to purchase Virtual Items from us or our
authorized partners through the Services, and not in any other way.
HA Apps may manage, regulate, control, modify or eliminate Virtual
Items at any time, with or without notice. HA Apps shall have no liability to
you or any third party in the event that HA Apps exercises any such rights.
The transfer of Virtual Items is explicitly prohibited. You shall
not sell, purchase, redeem or otherwise transfer Virtual Items to any person or
entity or attempt any ofthe aforesaid, including but not limited to HA Apps,
another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE
SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in HA Apps games is a
service provided by HA Apps that commences immediately upon acceptance by HA
Apps of your purchase.
b. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or
anyone using an account registered to you. HA Apps may revise the pricing for
the goods and services offered through the Services at any time. YOU
ACKNOWLEDGE THAT HA APPS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON,
AND THATYOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL
ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR
INVOLUNTARY.
7. Updates to the Service
You understand that the Services are constantly changing and
evolving. HA Apps may require that you accept updates to the Services, such as
via installing updates to game clients installed on your device. You
acknowledge and agree that HA Appsmay update the Services, with or without
notifying you. You may need to update third party software or your device
hardware from time to time in order to access and use the Services.
8. Beta tests
HA Apps may offer to you a chance to participate in beta tests
(open or closed) of certain parts of the Services. Your participation into such
beta tests may be subject to a separate non-disclosure agreement and/or
supplemental policies.
By applying to and/or participating in beta tests you acknowledge
and accept that:
1.
Due to the unfinished and
experimental nature of the beta tested parts of theServices HA Apps may not
provide any customer service or assistance regarding such parts of the
Services. The parts of the Services being beta tested may be nonfunctional on
some devices regardless of their listed hardware or software requirements or
specifications.
2.
Any in-app purchases,
items, equipment, experience points, in-game currencyand other such content may
be periodically reset by HA Apps during the courseof the beta tests. HA Apps
offers no refunds for any such lost content.
3.
Any feedback or idea
submitted by you to HA Apps regarding the beta tested parts of the Services may
be utilized by HA Apps without any compensation to you. By submitting or
creating any material, content (such as in-game user-created content) or
feedback regarding the beta tested parts of theServices you grant to HA Apps an
unlimited, sublicensable, fully paid up, nonexclusive and transferable license
to utilize such material, content and/or feedback in its business.
4.
Your application to
participate in beta tests does not entitle you to be invited to, or to
participate in any beta test offered by HA Apps.
9.Personal data and Security
HA Apps’s use of your personal data is governed by HA Apps
Privacy Policy. You approve to processing your personal data in accordance with
the HA Apps Privacy Policy by downloading, installing, accessing or using the
Services.
HA Apps shall take appropriate measures to prevent unauthorized
access to, improper use of and the reasonable accuracy of your personal data
submitted to HA Apps via the Services. We use various technologies, including,
in certain instances, encryption, to ensure the high security standards. Any
data that is storedon HA Apps servers is not generally available to the public.
However, the use of internet services always includes security risks.
10.Disclaimer of Warranties
WITHOUT LIMITING HA APPS’S LIABILITY UNDER SECTION 11 BELOW, THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE. HA APPS DOES NOT WARRANT THAT YOU WILL BE ABLE TO
ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR
THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain
warranties. Accordingly, some of the above disclaimers may not apply to you.
11.Limitation of Liability; Sole and Exclusive Remedy;
Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HA APPS SHALL NOT BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER
SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE
TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT HA APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, HA APPS SHALL NOT BE LIABLE TO
YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HA APPS IN ACCORDANCE WITH THESE
TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST
ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO
HA APPS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HA APPS’S EXCLUSIVE
LIABILITY) FOR ANY DISPUTE WITH HA APPS IS TO STOP USING THE SERVICES AND TO
CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY
CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE
OR WILLFUL MISCONDUCT OF HA APPS OR FOR DEATH OR PERSONAL INJURY ARISING FROM
ANY NEGLIGENCE OR FRAUD OF HA APPS.
You agree to indemnify, defend and hold HA Apps (and HA Apps’s
officers, directors, agents, affiliates, subsidiaries, parent companies, joint
ventures and employees) harmless from any claim, demand, damages or other
losses, including reasonable attorneys' fees, asserted by any third-party
resulting from or arising out of your use of the Services, or any breach by you
of these Terms, however the foregoing does not apply if the infringement of
rights is not attributable to your intentional or negligent behavior.
12. Dispute Resolution and Law
If a dispute arises between you and HA Apps, we strongly encourage
you to first contact our customer support at support@HA Apps.com to seek a
resolution. All disputes between you and HA Apps shall be governed by the laws
of Finland, without regard to conflict of law provisions. You agree that any
claim or dispute you may have against HA Apps must be resolved exclusively by a
court located in Helsinki, Finland.
The above paragraph does not limit your statutory rights. Consumer
protection legislation applicable to you may allow you to bring your claim or
dispute to a different court.
If you are a resident of the European Union, you may have the
right to bring your claim or dispute to an Online Dispute Resolution body. More
information on this can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
13. Severability
You and HA Apps agree that if any portion of these Terms, HA Apps’s
Privacy Policy or any supplemental terms are found illegal or unenforceable, in
whole or in part by any court of competent jurisdiction, such provision shall,
as to such jurisdiction, be ineffective solely to the extent of such
determination of invalidity or unenforceability without affecting the validity
or enforceability thereof in any other manner or jurisdiction and without
affecting the remaining provisions of the terms, which shall continue to be in
full force and effect.
14. General Provisions
a. Assignment
HA Apps may assign or delegate these Terms and/or the HA Apps
Privacy Policy, in whole or in part, to any person or entity at any time with
or without your consent.You may not assign or delegate any rights or
obligations under the Terms or the Privacy Policy without HA Apps’s prior
written consent.
15. Supplemental Policies
HA Apps may publish additional or supplementary policies or terms
related to specific services such as forums, contests or loyalty programs. Your
right to use such services is subject to those specific policies and these
Terms.
16. Entire Agreement
These Terms, the HA Apps Privacy Policy any additional or
supplemental policies and any documents expressly incorporated by reference
herein, contain the entire understanding of you and HA Apps, and supersede all
prior understandings of the parties hereto relating to the subject matter
hereof, whether electronic, oral or written, or whether established by custom,
practice, policy or precedent, between you and us with respect to the Services.
a. No Waiver
The failure of HA Apps to require or enforce strict performance by
you of any provision of these Terms or the HA Apps Privacy Policy or failure to
exercise any right under them shall not be construed as a waiver or
relinquishment of HA Apps’s right to assert or rely upon any such provision or
right in that or any other instance.
The express waiver by HA Apps of any provision, condition, or
requirement of these Terms or the HA Apps Privacy Policy shall not constitute a
waiver of any future obligation to comply with such provision, condition or
requirement.
Except as expressly and specifically set forth in this these
Terms, no representations, statements, consents, waivers, or other acts or
omissions by HA Apps shall be deemed a modification of these Terms nor legally
binding, unless documented in physical writing, hand signed by you and a duly
appointed officer of HA Apps.
b. Notices
We may notify you via the Services or any other communications
means to contact information you provide to us. All notices given by you or
required from you under these Terms or the HA Apps Privacy Policy shall be in
writing and addressed to: HA Apps Oy. Attn: Legal, Aleksanterinkatu 4-6, 90100
Oulu, Finland. Any notices that you provide without compliance with this
Section on Notices shall have no legaleffect.
c. Equitable Remedies
You acknowledge that the rights granted and obligations made under
these Terms toHA Apps are of a unique and irreplaceable nature, the loss of
which shall irreparably harm HA Apps and which cannot be replaced by monetary
damages alone so that HA Apps shall be entitled to injunctive or other
equitable relief (without the obligations of posting any bond or surety or
proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other
equitable relief, or to enjoin or restrain the operation of the Services,
exploitation of any advertising or other materials issued in connection
therewith, or exploitation of the Services or anycontent or other material used
or displayed through the Services and agree to limit your claims to claims for
monetary damages, limited by Section 11 (if any).
d. Force Majeure
HA Apps shall not be liable for any delay or failure to perform
resulting from causes outside the reasonable control of HA Apps, including
without limitation any failure to perform hereunder due to unforeseen
circumstances or cause beyond HA Apps’s control such as acts of God, war,
terrorism, riots, embargoes, acts of civil or military authorities, fire,
floods, accidents, strikes, or shortages of transportation facilities, fuel,
energy, labor or materials.
Contact information:
HA Apps Oy
Address: menouf, Menoufya, Egypt
Email: atallah.official@gmail.com
ha-apps-eg.blogspot.com
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