WEBEGO
END USER LICENSE AGREEMENT
Version 12.20.21
This End User License Agreement (“License”) is an agreement between you and WeBeGo LLC. (“WeBeGo”). This License governs your use of the What the Puzz™ mobile application and any and all related documentation, and updates and upgrades that replace or supplement the application in any respect and which are not distributed with a separate license (collectively, the "Application"). This Application is licensed to you, not sold.
BY INSTALLING OR USING THE APPLICATION, YOU AGREE TO THE TERMS OF: (1) THIS LICENSE; AND (2) WEBEGO’S PRIVACY POLICY (available at https://www.webego.com/home/privacy-policy). If you do not agree to the terms of this License or WeBeGo’s Privacy Policy then do not install or use the Application.
We reserve the right to modify this License at any time, so please review it frequently via the ABOUT section in your Application. Your continued use of our online and mobile products and services will signify your acceptance of the changes to this License.
IF YOU DO NOT AGREE TO THESE OR ANY OTHER SECTIONS OF THIS LICENSE, DO NOT INSTALL OR USE THE APPLICATION.
1. Limited License Grant and Terms of Use.
A. Grant. Through this purchase and/or installation, you are acquiring and WeBeGo grants you a personal, limited, non-exclusive license to install and use the Application for your non-commercial use on a single, authorized mobile device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or WeBeGo's termination of this License.
B. Access to Services. You must be 13 + to register for a WeBeGo Account.
C. Further Restrictions. Your right to use the Application is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by WeBeGo. Unless expressly authorized by WeBeGo, you are prohibited from making a copy of the Application available on a network where it could be used by multiple users. You are prohibited from making the Application available over a network where it could be downloaded by multiple users. You may not remove or alter WeBeGo’s trademarks or logos, or legal notices included in the Application or related assets.
D. Reservation of Rights. You have obtained a license to the Application and your rights are subject to this License. Except as expressly licensed to you herein, WeBeGo reserves all right, title and interest in the Application and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of WeBeGo and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Application, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any copyright, or other intellectual property notices in the Application. All rights not expressly granted herein are reserved by WeBeGo.
E. Your Contributions. In exchange for use of the Application, and to the extent that your contributions through use of the Application give rise to any copyright interest, you hereby grant WeBeGo an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Application and related goods and services including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to WeBeGo’s and other players’ use and enjoyment of such assets in connection with the Application and related goods and services under applicable law. The license grant to WeBeGo, and the above waiver of any applicable moral rights, survives any termination of this License.
F. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. WeBeGo does not guarantee that this Application can be accessed on all devices or wireless service plans. WeBeGo does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR DEVICE.
G. Application Updates. You agree that the Application may automatically download and install updates, upgrades and additional features that WeBeGo deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation WeBeGo may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
2. Consent to Use of Data. To facilitate support, development and improvement as well as provide other services to you, you agree that WeBeGo and certain third parties listed in Appendix A may use cookies, web beacons and other technologies to collect, use, store and transmit technical and related information regarding your mobile device (including MAC Address and/or unique device id or UDID), IP address, geo-location, device make and model, operating system, software and applications, including application usage data. In addition, WeBeGo and/or third parties may collect, store, use and transmit game play data, third party account authorization data, session data, browser identifiers, connection type, carrier information as well as online and Application usage and other purchase metrics, statistics and/or analytics. WeBeGo may use this information alone and in combination with information you provide to WeBeGo directly (if any) to help WeBeGo develop and improve its products and services, tailor and customize your experience and otherwise understand which WeBeGo apps you are using.
DATA COLLECTED BY THIRD PARTIES WILL BE COLLECTED, USED, STORED, TRANSFERRED AND DISCLOSED PURSUANT TO THE THIRD PARTY’S PRIVACY POLICY. SEE APPENDIX A FOR A NON-EXCLUSIVE LIST OF THIRD PARTIES THAT MAY COLLECT DATA VIA THIS APPLICATION.
Appendix A includes advertising networks discussed in more detail in Section 3 and includes URL’s for those third parties’ privacy policies. For data collected by or transferred to WeBeGo, WeBeGo may collect, use, store, share and transmit this information to third parties in a form that does not personally identify you in accordance with WeBeGo’s Privacy and Cookie Policy. Personal information collected from or submitted by you through an Application may be transferred to and stored on servers and equipment located in a destination outside your country of residence. The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom WeBeGo has contracted to receive, store and process your personal information. In addition, WeBeGo and those third parties that it has designated, may further transfer, store and process your personal information on servers and equipment located in other countries. You should be aware that the data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your personal information through an Application, you agree to the transfer, storage and processing of your personal information as described in this section.
3. Third Party Ad-Serving Technology. This Application may include third party dynamic behavioral in-game advertising technology which enables tailored advertising to be temporarily uploaded into the Application on your mobile device and replaced while you are online. When you use this Application, we or third parties operating the advertisement serving technology may use demographic or other information collected directly from you and/or from third parties such as age and gender as well as information logged and/or collected from your device using cookies, web beacons and other technologies to ensure that appropriate advertising is presented within the Application and to calculate the number of unique and repeat views of advertising. This technology also controls the number of times you see a given ad, delivers ads that relate to your interests and measures the effectiveness of ad campaigns. Logged and/or collected data may include (but is not limited to) IP address, unique device I.D. and/or MAC Address, session information, cookies, device make and model, carrier provider, carrier user ID, geo-location information, sites visited, clicks on advertisements, advertisement(s) served, in game location, length of time an advertisement was visible, size of the advertisement, advertisement response (if any), game play information, general online and Application-specific usage data and metrics as well as angle of view.
THE FOREGOING DATA MAY BE COLLECTED, USED, STORED AND DISCLOSED PURSUANT TO THE WEBEGO PRIVACY POLICY (INCLUDING FOR PURPOSES OF DETERMINING AD CONVERSION RATES), THE PRIVACY POLICY OF THE COMPANY PROVIDING THE AD SERVING TECHNOLOGY AND MAY BE DISCLOSED TO OTHER THIRD PARTIES IN A FORM THAT DOES NOT PERSONALLY IDENTIFY YOU.
You are responsible for reviewing the privacy policies of the third parties that may collect information via this Application. If you do not wish to review those privacy policies or if you are concerned about the information they may collect, do not install or use this Application.
THIS AD SERVING TECHNOLOGY IS INTEGRATED INTO THE GAME; IF YOU DO NOT WANT TO USE THIS TECHNOLOGY, DO NOT INSTALL OR USE THIS APPLICATION.
4. Application Conduct/Privacy Settings. By installing and using this Application you acknowledge and agree that you will agree not to:
• Create a false identity for purposes of misleading others;
• Defame, abuse, harass, threaten, spam, violate the rights of others and/or otherwise interfere with others’ use and enjoyment of the Application;
• Publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct;
• Transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar material that may damage the computer or other property of another user;
• Use any portion of the Application to harvest or collect information about others, including but not limited to email address.
WeBeGo reserves the right to monitor communications on the Application and disclose any information WeBeGo deems necessary to (i) ensure your compliance with this License; (ii) satisfy any applicable law, regulation or legal process; (iii) protect the rights, property and interests of WeBeGo, its employees or the public. WeBeGo also reserves the right to edit, refuse to transfer and/or to remove any information or materials, in whole or in part, in WeBeGo’s sole discretion.
5. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from WeBeGo if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of WeBeGo’s other rights or remedies at law or in equity. Sections 1(E), 2 through 13 shall survive termination or expiration of this License for any reason.
6. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. WEBEGO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WEBEGO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY WEBEGO OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL WEBEGO BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT WEBEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WEBEGO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO WEBEGO FOR THE APPLICATION.
8. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
9. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
10. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to WeBeGo for which monetary damages would not be an adequate remedy and WeBeGo shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
11. Governing Law. The laws of the State of Connecticut, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and you expressly agree that jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts in New Haven, Connecticut, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
12. Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom WeBeGo is prohibited from transacting business under applicable law.
13. Entire Agreement. This License constitutes the entire agreement between you and WeBeGo with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by WeBeGo. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
Appendix A
Admob: http://www.admob.com/home/privacy
Applovin: https://www.applovin.com/privacy/
https://dash.applovin.com/p/how-applovin-shows-you-ads
Facebook: https://www.facebook.com/privacy
Firebase: https://firebase.google.com/support/privacy
Google: https://policies.google.com/privacy
Google Apps: http://www.google.com/intl/en/privacy/privacy-policy.html