ICAW (I Can And Will) welcomes you to the fun mobile games it has to offer. This document creates a legal agreement between ICAW (I Can And Will); from now on referred to as ‘ICAW’, ‘we’ and ‘our’; and the users of games published by ICAW; from now on referred to as ‘you’, ’your’ and ‘user’. You can use our applications according to the terms given in this document.
Acceptance of Terms
The games published with the name of ICAW are only for the individuals who have the legal ability to enter into these terms, or who have obtained approval from their guardian to enter into these terms. Thus if you are under the age of 18, you indicate that your guardian has read, understood and agreed to these terms.
Using Our Products
Each of our game has its own set of rules, scoring methods and guidelines given inside the game. You agree to these rules and guidelines by agreeing to this terms, and you have to follow them in order to keep using our games.
The games may be for free or we may charge an amount to download it. In some cases, we may sell to you some of the in-game items or features. Such in-App purchases may not necessitate the re-entry of credit card information, as such purchases shall be made through an existing account of a third-party distributor, e.g. Apple’s App Store or Google’s Play Store.
Moreover a game may only be intended to be played for a particular operating system, e.g. iOS, android or windows. Thus to be able to enjoy our games, the user has to obtain the required equipment and software on his/her own expense.
During the usage of our games, you may incur internet charges. We are not liable for any such charges. You should find out the details of these charges from your internet services provider.
Some of our games may offer you options like sharing your score on Facebook, viewing scores of your friends, inviting friends to play game etc. You should use our ‘Login with Facebook’ feature only if you wish to use these options, because it will constitute as a consent to use your account details.
The games may contain ‘Game Center Feature / Google Play Services’, which enables users to engage in social game related activities, such as tracking user achievements, comparing scores with others etc. These centers are maintained by third party social networks (Apple Game Center, Google Play Games, and Amazon Game Circle). These are not controlled by ICAW, so before you use these features, you should read terms and privacy policies of these platforms. These terms are available at:
Apple Game Center: http://www.apple.com/legal/internet-services/itunes/gamecenter/us/terms.html
Google Play Games: https://play.google.com/store/apps/details?id=com.google.android.play.games
Amazon Game Circle: http://www.amazon.com/gp/help/customer/display.html?nodeId=201371550
If you do not agree with these terms you should not allow our games to integrate with these social networks.
We may send you push notifications, messages and alerts. If you want, you can deactivate push notifications from your operating system.
We reserve the right to modify or withdraw any of our games without any liability to you. We may do so for the any reason including but not limited to; technical reasons, enhancement of user experience, legal reasons (like privacy issues) or because it does not make business sense to keep offering whole or a part of the game.
The following are activities that are prohibited while using our games. Failure to adhere to these terms may result in civil or criminal liability.
You may not (or may not allow any other user or party to):
- use the game for unlawful, immoral or illegal activity
- use game or its content for commercial purposes without prior permission from us
- violate privacy of other users or collect personal information without their consent
- disrupt the working of games or the servers that host the games
- falsely state your identity or your affiliation with other companies or individuals
- knowingly or unknowingly put too much load on our infrastructure, as determined by us
- use means to get access that is otherwise restricted to you
- copy, adapt, compile, make available, reverse engineer any content used in our games
- infringe and/or violate any of the Terms
Intellectual Property and Copyrights
The games, the content, characters, source codes, files, graphical interfaces, story boards, the feel of the game, data, procedures and trade secrets whether or not registered or capable of being registered, are owned by and/or licensed to ICAW and are protected by applicable copyright or other intellectual property laws.
Subject to the acceptance and following of terms given in this document, ICAW gives you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sub-licensable and fully revocable limited license to download.
If you provide any feedback regarding any game, we shall have a royalty-free, irrevocable and world-wide right license to use the feedback in our products or services without your permission.
Disclaimer and Warranties
To the fullest extent legally permissible, the games, the content and third party components are provided on an “as is” “with all faults” and “as available” basis, and ICAW and its vendors (including the applicable platform providers), including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licencors, agents and suppliers (“covered parties”) disclaim all warranties of any kind, express, implied or statutory, including but not limited to warranties of title or non-infringement or implied warranties of use, merchant ability or fitness for a particular purpose and those arising from a course of dealing or usage of trade. you may have additional consumer rights under your local laws that this agreement cannot change.
We do not warrant: (i) that use and operation of the games is or will be secure, timely, accurate, complete, uninterrupted, without errors, or free of viruses, defects, worms, other harmful components or other program limitations, (ii) that we will correct any errors or defects in the games, (iii) the games will be inter-operable or compatible with your device, other software, hardware, or any equipment, and we are not responsible for any losses suffered resulting from inter-operablity or compatibility problems, (iv) and/or make any representation regarding the use, inability to use or operate, or the results of the use of the games and/or content available thereon or through the games (including that the results of using the games will meet your requirements). ICAW hereby disclaims all warranties and conditions with regard to the use of the games, including but not limited to the availability, reliability or the quality of the games, and is not and shall not be responsible for any error, fault or mistake related to any content and information displayed within the games.
We are not responsible and have no liability for any hardware, software, or other item or service provided by any person or entity other than ICAW (including without limitation any technical failures or the lack of availability of any features available within our games which are not under our control).
We are not responsible for any consequences to you or others that may result from technical problems (including without limitation in connection with the internet such as slow connections, traffic congestion, and overload of servers, delays or interruptions) or any telecommunications or internet providers.
The download and use of the games, any in-app purchases and/or other purchase of products or services through or in connection with the games or as a result of an advertisement displayed through the games is done at your own risk and you will be solely responsible for any damage including damage to your device or loss of data that may result therefrom.
You agree that use of the games and/or the content are entirely at your own risk. in as much as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.
Limitation of Liability
To the maximum extent legally permissible, in no event shall icaw including the covered parties be liable for any damages whatsoever including, but not limited to, direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind, under any legal theory (including, without limitation, contract, negligence, tort or strict liability) (including without limitation, loss of goodwill, profits or data and business interruption) arising hereunder, resulting from or arising out of the games (including any services made available through the games), your use or inability to use the games, or failure of the games to perform as represented or expected, or from any content the performance or failure of icaw to perform under these terms, any other act or omission of icaw or any of the covered parties, by any other cause whatsoever; or based upon breach of warranty, guarantee or condition, breach of contract, negligence, strict liability, tort, or any other legal theory, regardless of whether repair, replacement or a refund for the games does not fully compensate you for any losses and regardless of whether any of the covered parties has been advised of the possibility of such damages.
You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of third parties, third party sites and/or third party content, and that the risk of injury from the foregoing rests entirely with you.
In any case, without limiting the generality of the aforegoing and to the maximum extent legally permissible, icaw, its vendors including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers total aggregate liability for all damages or losses whatsoever arising hereunder or in connection with your use or inability to use the games or the content shall be limited to the amount actually paid by you, if any, to icaw for use of the games or $us1.00, whichever is greater. The limitation of liability provisions which apply to any responsibilities of the applicable platform provider are set forth in their applicable usage rules. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from us and from the covered parties.
In as much as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.
For any comment, question or suggestion, drop an email on firstname.lastname@example.org. We value your feedback and shall try to respond to you as soon as possible.