Terms of Service
1. Introduction
Welcome to Chicken Road, a mobile application developed and operated by European Mobile App Development Studio ("we," "us," or "our"). By downloading, accessing, or using Chicken Road (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.
These Terms constitute a legally binding agreement between you and European Mobile App Development Studio regarding your use of the App. Please read them carefully.
2. Eligibility
The App is intended for users of all ages. However, if you are under the age of 13 (or the minimum age in your country to provide consent for data processing), you must obtain your parent's or guardian's permission before using the App. By using the App, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.
3. App License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal, non-commercial purposes. You may not:
- Copy, modify, or create derivative works based on the App;
- Distribute, transfer, sublicense, lease, lend, or rent the App to any third party;
- Reverse engineer, decompile, or disassemble the App;
- Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App;
- Access or use the App in any manner that could damage, disable, overburden, or impair the App;
- Use any robot, spider, crawler, scraper, or other automated means to access the App for any purpose;
- Harvest or collect email addresses or other contact information of other users from the App; or
- Use the App for any illegal or unauthorized purpose.
4. In-App Purchases
The App may offer the opportunity to purchase virtual items or premium features ("In-App Purchases"). In-App Purchases are not refundable and cannot be traded, transferred, or redeemed for cash or other items of value outside the App. We reserve the right to modify, manage, control, and/or eliminate In-App Purchases at our sole discretion.
All purchases made through the App are processed by third-party payment processors (such as Apple App Store or Google Play Store) and are subject to their respective terms and conditions. We are not responsible for any issues with payment processing or billing disputes.
5. Ownership and Intellectual Property
The App, including all content, features, and functionality, is owned by European Mobile App Development Studio and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted to you, we reserve all rights in and to the App.
Chicken Road, its logos, and all related names, logos, product and service names, designs, and slogans are trademarks of European Mobile App Development Studio or its affiliates or licensors. You may not use such marks without our prior written permission.
6. User Content
6.1 User-Generated Content
The App may allow you to create, post, share, or store content, including messages, text, photos, and other materials ("User Content"). You retain all rights in and to your User Content, and you are solely responsible for your User Content and the consequences of posting or publishing it.
6.2 Content Restrictions
You agree not to post or transmit any User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable;
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights;
- Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, or any other form of unauthorized solicitation;
- Contains religious, political, or personal attacks;
- Impersonates any person or entity; or
- Violates any applicable law or regulation.
6.3 License to User Content
By posting or publishing User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit such User Content in connection with the App and our business, including for promoting the App, in any media formats and through any media channels.
7. Privacy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using the App, you consent to the processing of your information as set forth in our Privacy Policy.
8. Third-Party Links and Content
The App may contain links to third-party websites or resources, as well as content from third parties. We are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such sites or resources.
9. Termination
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the App will immediately cease.
You may terminate these Terms at any time by uninstalling the App from your device. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP EXCEED THE AMOUNT YOU HAVE PAID US TO USE THE APP OR €100, WHICHEVER IS GREATER.
12. Indemnification
You agree to defend, indemnify, and hold us, our affiliates, and their respective officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.
13. Changes to These Terms
We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you through the App or via email to the email address associated with your account. By continuing to access or use the App after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the App.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the European Union and Germany, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Berlin, Germany for the resolution of any dispute arising from these Terms or your use of the App.
15. General
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and European Mobile App Development Studio regarding your use of the App and supersede all prior written or oral agreements.
15.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.
15.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
15.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
15.5 Contact Information
If you have any questions about these Terms, please contact us at:
European Mobile App Development Studio
Europaplatz 2
10557 Berlin, Germany
Email: [email protected]
Effective Date: June 1, 2023