Terms of Use

These Terms of Use of noitaTech Oy (hereinafter referred to as the Terms), all as amended and supplemented, shall form a legally binding contract (hereinafter referred to as the Agreement) between you and noitaTech Oy (hereinafter referred to as the “Developer”). These Terms shall govern your use of any online or mobile products and services, to which you are granted access, including those requiring connection to the Internet (hereinafter referred to as the Developer Services) provided by Developer or its subsidiaries and affiliates (hereinafter referred to collectively as the Developer) for personal computers and/or mobile devices.

Developer Services include:
(i) Our website fat-alien.com;
(ii) Any our online and mobile products and services, including mobile apps for iOS.

By using the Developer Services, you affirm that you are at least 18 years of age (or have reached the age of majority in accordance with the laws of your country of residence) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with the Terms. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Agreement, and to abide by and comply with them.

In some countries, legal and/or other restrictions to use the Developer Services, and/or download, install and/or use products, parts of products, and software, which are available or can be made available through the Developer Services. You must comply with all applicable legal restrictions of your country of stay or residence.

By accessing the Developer Services or using them, you affirm that you have read and understood these Terms accept them and agree to abide by and comply with them.

1. Content

Content in Developer Services shall include, but not be limited to, text, images, graphics, sound, music, video, and any audio and visual material, software, codes, icons, technology, blog posts, links, messages, notices or emails appearing on or emanating from Developer Services, as well as the design, design elements, selection and arrangement of design elements, and appearance of the Website. Developer or its affiliates, subsidiaries, licensors or suppliers own all Content. You bear the entire risk of the completeness, accuracy and/or usefulness of Content, including those created by other users, found on Developer Services.

Developer reserves the right to edit, move and delete any Content at its discretion. To the maximum extent permitted by applicable law Developer assumes no responsibility for errors in any Content or for any loss or damage arising from the use of the Content.

2. Use of Developer Services and Content. General License Restrictions

Developer grants you a personal (individual), non-exclusive, non-transferable, revocable, limited license to use Developer Services and Content to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth in these Terms. Content and other intellectual property rights (registered in any country of the world, or not registered), appearing on Developer Services, and the products and services offered on these Services belong to Developer or its licensors and are protected by intellectual property laws and international treaties. You may not copy or download any Content from Developer Services unless you are expressly authorized to do so. In addition, unless expressly authorized by Developer, you may not distribute, publicly perform or display, lease, sell, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content in any form or by any means, in whole or in part. Any commercial use of any part is prohibited. You agree not to remove, obscure, or alter notices of copyright and related rights, patent, trademark, or other proprietary rights affixed to Content. In addition, no provision in this Agreement shall give you the right to use any Developer trademarks, service marks, logos, or domain names, without our express written permission.

Developer and/or its licensors shall remain the owners of all property rights, including copyright and other intellectual property rights, in all Content published on Developer Services. You acknowledge that you do not acquire any ownership rights by virtue of using Developer Services, or accessing Content on Developer Services or creating any derivative works from it. To use some Developer Services, it may be necessary to download additional software, software updates or patches or other utilities and tools from Developer or its licensors (hereinafter referred to as the Developer Software) and install them. Developer grants to you a non-exclusive, limited license to use Developer Software solely for the purpose stated at the time the Developer Software is made available to you. If an end user license agreement is provided with the Developer Software, your use of the Developer Software is subject to the terms of that license agreement. You may not sub-license Developer Software, or provide it to other users. You may not translate, reverse-engineer, decompile, disassemble or make derivative works from Developer Software.

From time to time, Developer may provide you with updates or modifications to Developer Software. You understand that certain updates and modifications may be required in order to continue use the Developer Software and Developer Services.

ANY USE OF THE DEVELOPER SERVICES, CONTENT AND/OR DEVELOPER SOFTWARE BY MINORS MUST BE SUPERVISED BY A PARENT OR GUARDIAN. THE PARENT OR GUARDIAN SHALL TAKE FULL RESPONSIBILITY FOR THAT USE.

3. Developer Services and Content Availability

Developer does not guarantee (i) availability of Developer Services and Content at all times, (ii) in all countries and/or geographic locations of the world, or (iii) that it will continue to offer particular Content or Services for any particular length of time. Developer reserves the right to change and update Content and Services without prior notice. In addition, in order to provide maximum convenience to users, Developer reserves the right to change specifications, perform maintenance or make changes to the underlying infrastructure of Developer Services, in its sole discretion, without prior notice. This may require suspension or limitation of use of Services (or any function related to that use). You have no right to claim compensation for damages in respect of the suspension or limitation of use of Developer Services. You acknowledge and agree that if you disagree with any changes in Developer Service operation, you may terminate this Agreement in accordance with its terms.

4. Paid Services

Some Developer Services require payment of a fee (Paid Services). To use such Services you must pay a fee (for example, for possibility to download and use content, for additional services or privileges, or other fees). If you request access to a Paid Service, information about this Service, size of the fee and other information will be made available to you prior to the possibility of connecting to/accessing the Service. Developer reserves the right to change fees and/or billing methods at any time without prior notice.

You may pay fees using the methods available for the particular Developer Service if you agree to the Terms applicable to each payment method you choose. Payment methods may vary by Developer Service. When you use bank card or other payment method, you represent that you are the authorized user of the bank card or the other payment method. You must provide current, complete, and accurate billing information. Please note, that during the payment you may incur additional payment processing fees. All charges associated with third parties, as well as all liabilities assumed in this connection will relate to the sphere of your personal responsibility.

As the user of Developer Services, you are responsible for payment of all costs connected with the use of the Services, including applicable taxes, as well as for payment of any purchases made through Developer Services by yourself or any other person, including members of your family and your friends.

For all matters relating to the payment of Paid Services, cases of non-access to Paid Services that were paid for, disputes or other ambiguous situations, please email Developer (feedback@fat-alien.com).

5. Termination of Developer Services

Developer may terminate access to any online or mobile products and/or Developer Services and/or any portion thereof at any time by giving you notice of such termination within the time period specified in the corresponding Service, or if no such time period was specified, then within thirty (30) days of the date such notice is published at the website (fat-alien.com). Developer reserves the right to terminate your access to Developer Services for violation of these Terms, if he (in its sole discretion) deem that your use of Developer Services renders the Services less safe for other users, or for illegal or improper use of Developer Services and Content, products, or other intellectual property of Developer as determined by Developer in its sole discretion. In response to a violation of these Terms, Developer may issue you a warning and temporarily or permanently ban your device and/or computer from accessing all Developer Services or certain Developer Services. You acknowledge that in such an instance Developer is not required to provide you notice before taking action to temporarily/permanently banning your device from some or all Developer Services.

If your access to Developer Services is terminated by Developer in its sole discretion, no refund will be granted by Developer (this may apply to, for example, not finished subscriptions). If you believe that any action has been taken against you in error, please contact the Customer Support (feedback@fat-alien.com).

6. Termination of this Agreement by you

You have the right to stop using Developer Services and terminate this Agreement at any time. Developer reserves the right to collect fees, surcharges or costs incurred before you cancel this Agreement. Termination of Agreement does not relieve you of any obligation to pay accrued surcharges and fees.

7. Rules of Conduct on Developer Services

You may not take any actions which may harm Developer Services or other users, cause modification or change in the Services, as well as that violate the laws of any jurisdiction, including, but not limited to, violation of copyright laws or trademark laws, invasion of personal privacy, theft of personal information, hacking, harassment, fraud and distribution of counterfeit software. You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Developer Services.

Developer reserves the right to bar your access to Developer Services if there is reason to believe that you are committing or have implemented unauthorized acts in violation of these Terms.

Unless otherwise specified, there is no obligation that Developer will monitor or record any online activity on Developer Services. However, Developer reserves the right to access and/or record any online activity on Developer Services and you give Developer your express consent to access and record your activities. Developer reserves the right to remove any Content from any Developer Service in Developer's sole discretion. Developer has no liability for your or any third party's violation of these Terms.

8. Privacy and protection of personal data

When you use Developer Services you can communicate to Developer information about your e-mail addresses or other personal data and allow third parties (for example, social networks or application stores) to communicate the data to Developer. If you give us your email address, for instance, by contacting our support team, Developer does not disclose it to third parties for any reason, unless Developer is approached with official request on the part of administrative and/or judicial authorities in accordance with applicable legal requirements. We respect your privacy and are committed to maintain confidentiality of your personal data. Developer will process your personal data, traffic data and other data that are not personally identifiable for collecting statistic data and analysis of users behavior in common.

9. Dispatch of information notices

Developer may send you information, news and marketing communications (confirmation of your actions on Developer Services, information about Developer Services functioning and Developer Software updates, news messages, information about current promotional events and so on).

10. Limitations on Developer warranty and liability

To the maximum extent permitted by applicable law, you expressly agree that the use of Developer Services, Developer Software, and the Internet is at your sole risk. Developer Services, Developer Software, Developer products and services, as well as third-party services and products are provided on an <«>as is<»> and <«>as available<»> basis, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. No warranty is given about the quality, functionality, availability or performance of Developer Software or Developer Services. Developer does not assume liability for inability to obtain or use any Developer Content, products or Services, or failure to obtain the expected results of their use. Developer provides Developer Services on a commercially reasonable basis and does not guarantee that you will be able to access Developer Services at times or locations of your choosing, or that you will be able to access Developer Services as a whole in any specific geographic area.

You acknowledge and agree that Developer, its licensors, licensees and affiliates are not liable for any act or failure to act regarding conduct or use of Developer Services by other users. Under no circumstances the liability of company Developer, its branches, subsidiaries, affiliates, licensors, licensees, employees, executives or directors (collectively referred to as Developer Members) shall exceed the amount that you paid to Developer for using Developer Services, and in any case cannot exceed one hundred dollars (100 USD). In no case shall Developer, its licensors or Developer Members be liable to you or any third parties for incidental or consequential damages arising from use of Developer Services and/or Developer Software, the Internet or for any other damage related in any way to use of Developer Services (including, but not limited to, potential damage to health, computer equipment or devices, to any other property or any third party).

While Developer uses commercially reasonable means to protect your personal information, Developer and its licensors assume no liability for loss of data, damage caused to your software or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental, special, or consequential and however arising, as a result of accessing or using any Developer Service, Content, Developer Software on your computer and/or other device.

Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. If you are a citizen or national of that state, then Developer's, Developer's licensors' and Developer Members' liability shall be limited to the full extent permitted by law.

Developer does not endorse, warrant or guarantee any third party product or service offered and made available through Developer Services and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

11. Developer Service user responsibilities

You agree that you are personally responsible for the use of Developer Services, and any your activities related to Developer Services. You agree to defend, indemnify and hold harmless Developer against any losses as result of any claims, demands, prosecution in the courts, including any related liabilities, losses, damages, penalties, taxes, fees, fines, judgments, expenses (including attorneys' and consultants' fees and disbursements) and the costs incurred by Developer, its licensors, and Developer Members in connection with your use of Developer Services.

12. Links to third-party websites

Developer Services may include hyperlinks to websites and services operated by third parties including advertisers and other content providers. Those websites and services may collect data or solicit personal information from you. Developer does not control such websites and services, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those websites may collect.

13. Governing Law

Regardless of your country of residence (i) the laws of Russian Federation, excluding the conflicts-of-law rules, govern the relations of the parties arising out of this Agreement and your use of Developer Services, as well as any dispute that may arise between you and Developer, and (ii) you agree that exclusive jurisdiction for any claim or dispute between you and Developer, arising out of or relating in any way to your use of Developer Services shall be the Courts of the Russian Federation. By agreement to these Terms, you expressly agree to the exercise of personal jurisdiction in the Courts of the Russian Federation.

14. Final provisions

If any part of these Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions of these Terms shall remain in full force and effect.

You may not transfer any rights or obligations set forth in this Agreement to any third party. Developer may, without prior notice and without your consent, transfer any rights or obligations under this Agreement to any third party.

You agree to visit the website fat-alien.com from time to time to make yourself aware of new information and conditions governing the use of Developer Services. Developer may amend these Terms in its sole discretion at any time without prior notice. Amendments applicable to Developer Services shall take effect thirty (30) days after their publication on the website fat-alien.com, unless otherwise provided in the amendments. By continuing using Developer Services after amendment of update of the Terms you affirm your consent to the new revision of the Terms. If you don't agree to the Terms, stop using Developer Services.

YOU ACKNOWLEDGE AND AGREE THAT READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY CONTINUING USING DEVELOPER SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND GIVE DEVELOPER THE RIGHTS PROVIDED FOR IN THESE TERMS.

noitaTech Oy; August 25, 2014

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