TERMS OF USE

IMPORTANT - READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions described in this “Terms of Use”.

AGREEMENT

This document is an agreement between you and Riovox (“Company”). The application (“App”) and any accompanying services are licensed to you only on the condition that you accept all of the terms contained in this “Terms of Use”.

By installing or otherwise using the App, you agree to be bound by the terms of this “Terms of Use”. If you do not agree to the terms, you should not use or install the App.

When you install the App, you will be asked to review and either accept or not accept the terms of the “Terms of Use” by clicking the "I Accept" button. By clicking the "I Accept" button, you acknowledge that you have read the “Terms of Use”, understand it and agree to be bound by its terms and conditions.

COPYRIGHT

The App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the App (including but not limited to any images, photographs, animations, video, music, and text) are owned by the Company or its Licensors.

GRANT OF LICENSE

The App is licensed to you and its use is subject to this “Terms of Use”. The Company grants you a limited, personal, non-exclusive license to use the App for the sole purpose of installing it on your mobile device. The Company reserves all rights not expressly granted to you in this “Terms of Use”.

YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

When you access the Apps for the first time, you may be asked to indicate your age or age range. Please consider we need it to apply some age restrictions to our Apps and you agree and acknowledge that some of our Apps require you to be sixteen (16) years of age and above.

In order to benefit from some features of the App, you may be required to register an account (an "Account"). When creating or updating an Account, you are required to provide us with certain personal information, which may include your name, e-mail address, and a password. This information will be held and used in accordance with our Privacy Policy at http://www.riovox.com/en/privacy/index.html.

You may never use another's Account without permission. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

You are responsible for (a) keeping confidential any password that you created to use any aspect of the App requiring registration, and (b) restricting access to your mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party licensors, content providers, advertisers, and service providers (collectively, “Riovox Providers") due to such unauthorized use.

Without limiting anything in this “Terms of Use”, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to any or all parts of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.

PURCHASES / PAYMENTS / REFUNDS

We may charge fees associated with certain App, including, without limitation, for subscriptions and the purchase of in-app Virtual Items (as defined below).

The price of any product or service purchased through the App will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.

Your purchase of any Virtual Item or other content through the App constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.

VIRTUAL ITEMS

Certain App may allow you to “earn” or “purchase” (a) virtual currency, including but not limited to virtual coins, gems, all for use in the App; (b) virtual in-game items (together with virtual currency); or (c) certain in-game benefits ("Virtual Items”). Virtual Items have no real-world value and cannot be redeemed for actual currency, goods or other items of monetary value, including in the event that you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. No refunds will be given, except in our sole and absolute discretion.

The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the App and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for “real money,” goods or any other exchange outside of the Services. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from our products and services, and even legal action.

USER GENERATED CONTENTS (“UGC”)

The App may allow you to create content, including, but not limited to, gameplay maps, weapons, skins or armors (collectively “User Generated Contents” or “UGC”). You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.

Riovox may, in its sole discretion, remove, edit or disable UGC for any reason, including if Riovox reasonably determines that UGC violates this Agreement. Riovox does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. Riovox does not pre-screen all UGC and does not endorse or approve any UGC available in our App.

When you upload UGC, you grant to Riovox, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You also grant all other users who can access and use your UGC in our App the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Riovox Service without further notice, attribution or compensation to you.

RULES OF CONDUCT

When you access or use our App, you agree that you will not:

• Violate any law, rule or regulation.

• Interfere with or disrupt any App feature or any server or network used to support or provide an App feature, including any hacking or cracking into an App feature.

• Use any software or program that damages, interferes with or disrupts an App feature or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.

• Interfere with or disrupt another player's use of an App feature. This includes disrupting the normal flow of game play, chat or dialogue within an App feature by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.

• Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.

• Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.

• Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.

• Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that The Company (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.

• Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.

• Impersonate another person or falsely imply that you are an The Company employee or representative.

• Improperly use in-game support or complaint buttons or make false reports to The Company staff.

• Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on App features.

• Use any robot, spider or other automated device or process to access this website for any purpose or copy any material on this website.

• Use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.

• Modify any file or any other part of the App feature that The Company does not specifically authorize you to modify.

• Use exploits, cheats, undocumented features, design errors or problems in an App feature.

• Use or distribute counterfeit software or App Content, including App Virtual Currency.

• Attempt to use an App feature on or through any service that is not controlled or authorized by The company.

• Sell, buy, trade or otherwise transfer or offer to transfer your App Account, any personal access to App features, or any App Content associated with your App Account, including App Virtual Currency and other Entitlements, either within an App feature or on a third party website, or in connection with any out-of-game transaction, unless expressly authorized by The company.

• Use an App feature in a country in which The Company is prohibited from offering such services under applicable export control laws.

• If an App feature requires you to create a "user name" or a "persona" to represent you in game and online, you should not use your real name and may not use a user name or persona that is used by someone else or that The Company determines is vulgar or offensive or violates someone else's rights.

• Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of an App feature.

• Use information about users publicly available in any App feature (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.

• Promote, encourage or take part in any prohibited activity described above.

If you or someone using your App Account violates these rules and fails to remedy this violation after a warning, The Company may take action against you, including revoking access to certain or all App features, Content or Entitlements, or terminating your App Account as described in TERMINATION Section. In case of severe violations, The Company may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling App accounts or entitlements (including virtual currencies and items) without The Company’s permission, extreme harassment, or threatening illegal activities. When practical, The Company will notify you of the action it will take in response to violations of these rules or breach of this Agreement.

Specific App features may post additional rules that apply to your conduct on those services.

If you encounter another user who is violating any of these rules, please report this activity to The Company using the "Help" or "Report Abuse" functions in the relevant App feature, if available, or contact Customer Support at “riovoxfeedback@gmail.com”.

The Company may, in its discretion, monitor or record online activity or Content on App features and may remove any Content from any App feature at its discretion. Remember that your communications and your UGC in an App feature are public and will be seen by others.

Your use of App features is subject to The Company's Privacy Policy at http://www.riovox.com/en/privacy/index.html, which is incorporated by reference into this Agreement. Promote, encourage or take part in any prohibited activity described above.

TERMINATION

This “Terms of Use” is effective until terminated. You may terminate this “Terms of Use” at any time by withdrawing the acception of this terms or destroying the App. This “Terms of Use” will terminate automatically without notice from the Company if you fail to comply with any provisions of this “Terms of Use”. All provisions of this “Terms of Use” as to warranties, limitation of liability, remedies and damages will survive termination.

LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES

YOU ARE AWARE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS SUPPLIED "AS IS." TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, RIOVOX GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. RIOVOX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP OR SERVICE; THAT THE RIOVOX SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE RIOVOX SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT RIOVOX SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE.

RIOVOX AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RIOVOX AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY RIOVOX'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR RIOVOX SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF RIOVOX KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE RIOVOX SERVICE. RIOVOX DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.