AmandaPanda Terms of Use

AMANDAPANDA IVS, VAT DK 39984970
APPLICATION END USER LICENSE AGREEMENT /TERMS OF USE

Valid for ALL AmandaPanda published applications

Last updated: September 19, 2019

This Application End User License Agreement (“License”) is an agreement between you, as the end-user or as the parent, tutor or legal guardian to the end-user as the case may be, and AmandaPanda IVS. (“AmandaPanda”). This License governs your use of any and all of the applications published by AmandaPanda and any and all related documentation, updates, patches and upgrades that replace or supplement any or all of the applications in any respect and which are not distributed with a separate license (individually and/or collectively, the “Application”). 

BY DOWNLOADING AND/OR USING THE APPLICATION, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE. 

KIDS, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY AND/OR AGE PERMITTING YOU TO FORM A CONTRACT IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE. 

By consenting to this License, downloading and/or using the Application, or allowing it to be downloaded and/or used, you acknowledge that:

a) You are at least 18 years of age or any other legal age required to form a contract in your jurisdiction; b) You have the right, authority and legal capacity to enter into this License; c) You have read, understood and agreed to be bound by the terms and conditions of this License with respect to yourself and any minor child authorized by you; and d) You have read, understood and agree to be bound by AmandaPanda’s Privacy Policy available with respect to yourself and any minor child authorized by you. 

If you do not agree with the terms and conditions of the License and Privacy Policy, then do not download or use the Application and delete any copies installed on your devices. Your agreement with regards to this License becomes effective immediately upon installation and/or use of the Application, and shall end on the earliest date on which you dispose of the Application or AmandaPanda’s termination of this License. This License may be amended from time to time; therefore, you agree to review it frequently in the “Settings” section of the Application. Your continued use of the Application will signify your acceptance of the changes to this License. 

1. Limited Use License Grant and Terms of Use

The Application is licensed to you, not sold. 

Provided that you fully comply with the terms and conditions of this License, AmandaPanda grants you, and you accept, the non-exclusive, non-transferable, non-sublicensable, revocable license, during the time, to install, access and use one copy of the Application per Apple or Android OS device that you own or control, solely and exclusively for your personal use and as permitted by the Terms of Use for the Apple App Store and/or Google Play App Store or other app store through which it is made available (collectively, the “App Stores”). 

All rights not explicitly granted under this License are reserved to AmandaPanda and, as applicable, AmandaPanda’s licensors. 

Your use of the Application is limited to the rights expressly granted to you by this License. This License does not permit any commercial use which is strictly prohibited. You acknowledge and agree that you shall not use the Application for any purpose other than for non-commercial personal enjoyment, entertainment purposes and that you shall use the Application in accordance with all applicable laws, rules, and regulations. 

Except as expressly provided in this License, you shall not and shall not permit, encourage, or support any thirdparty to do the following: 

a) Exploit the Application or any parts of the Application commercially. b) Use the Application, or permit it to be used, on more than one device simultaneously, unless otherwise authorized to do so by the App Stores in family sharing or other similar sharing features. c) Make copies of the Application or any part of the Application, or make copies of any materials accompanying the Application. d) Sell, rent, lease, license, sub-license, distribute or otherwise transfer the Application, or any copies of the Application, or any rights to use the Application, without the express prior written consent of AmandaPanda. e) Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application or any component of the Application, in whole or in part. f) Modify, remove, disable or circumvent any proprietary notices or labels, product identification, copyright, logo, trademark, or any other intellectual property notices contained on or within the Application. g) Export the Application or any copy or adaptation of the Application in violation of any applicable laws or regulations. h) Use portions of the Application not made available to you or attempt to access and violate the security of the Application. i) Use the Application in violation of any applicable laws and regulations. 

Any attempt to do any of the previous prohibited actions is a violation of the rights of AmandaPanda and its licensors, and you may be subject to prosecution and damages if you breach such restrictions. 

2. Ownership

All title, ownership rights and intellectual property rights in and to the Application (including but not limited to any patches and updates) and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catchphrases, locations, concepts, artwork, animation, sounds, musical compositions, music, audio-visual effects, images, photographs, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Application) are owned by AmandaPanda or licensors of AmandaPanda. The Application is protected by the copyright laws of the EU, the United States, by international copyright treaties, and by conventions and other laws. You acknowledge that AmandaPanda owns all rights in and to the Application, including, but not limited to worldwide statutory and common law rights associated with (a) patents and patent applications; (b) works of authorship, including copyrights, copyright applications, copyright registrations and “moral rights;” (c) the protection of trade and industrial secrets and confidential information; (d) trademarks; and (e) divisions, continuations, renewals, derivative works, and re-issuances of any of the foregoing, now existing or acquired in the future. 

3. App Store and Google Play Store

Your use of the Application is subject to the terms and conditions of the App Store on which you downloaded the Application. For details, refer to the terms of use of the App Stores, as applicable.

4. Privacy

The collection, use and disclosure, if any, of information collected from you, or a child authorized by you, by AmandaPanda is detailed in AmandaPanda’s Privacy Policy– that can be found on the privacy policy section of the AmandaPanda Website at amandapandashop.com which is incorporated by reference and made an integral part of this License. 

5. Consent to Use of Data

Your access and use of the Application is not private or confidential. You agree that AmandaPanda may collect and use technical data and related information, including but not limited to technical information about your device, system, application software, and peripherals, and use of the Application, that is gathered to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. AmandaPanda may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services and technologies to you. 

6. Updates 

AmandaPanda may, at its entire discretion, make updates or modifications to specific parameters of the Application to fine-tune its gameplay or for other purposes. These updates or changes may result in loss of data or progress within the game. AmandaPanda reserves the right to make these updates or modifications and will not be held liable to you for such updates or changes and their resulting loss of data or progress. Please note that you may need to update your version of the Application to continue playing. 

7. A/B testing

You agree that AmandaPanda may present you with different versions of the Application to conduct user interface studies (also known as A/B testing). AmandaPanda will have no obligation to inform you of the existence of other versions of the Application, nor to provide you with a version you previously used. 

8. Access Fees

You must provide at your own expense the equipment, Internet connection, devices, service plans necessary to access and use the Application. AmandaPanda does not guarantee that the Application can be accessed and used on all devices and wireless service plans, nor does it ensure that the Application is available in all geographic locations. When you use the Application, your wireless service provider may subject you to fees for data and/or wireless access. You acknowledge and agree that you are solely responsible for any costs you may incur to access the Application. 

9. Charges and Billing Information

You agree that to the extent you provide AmandaPanda any payment information, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your App Store account information, name, credit card or other payment account identifying number, expiration date, security codes, billing address, and any additional payment information will be current, complete, true and accurate. All expenses and costs incurred by you or a child you have authorized in connection with your/the child’s activities hereunder, if any, are your sole responsibility. You are not entitled to reimbursement from AmandaPanda for any expenses, and you will hold AmandaPanda harmless therefrom. 

If you remove one of our apps that has consumable purchases (such as coins, gems or other consumable in-app purchases), your consumable purchases and progress may be lost. Lost purchases and progress cannot be recovered or restored if an app is installed on the same device or a new device. 

10. No Warranty

You expressly acknowledge and agree that use of the Application is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable laws, the Application and any services performed or provided by the Application (“Services”) are provided “as is” and “as available”, with all faults and without warranty of any kind, and AmandaPanda hereby disclaims all warranties and conditions with respect to the Application and any Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. AmandaPanda does not warrant against interference with your enjoyment of the Application, that the functions contained in, or Services performed or provided by, the Application will meet your requirements, that the operation of the Application or Services will be uninterrupted or error-free, or that defects in the Application or Services will be corrected. No oral or written information or advice is given by AmandaPanda, or its authorized representative shall create a warranty. Should the Application or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

In the event of any failure of the Application to conform to any applicable warranty, if any, you may notify the App Store from which you downloaded the Application, and such App Store shall, if such option exists, refund the purchase price for the Application to you, subject to the terms and conditions of each App Store. To the maximum extent permitted by applicable law, the App Stores will have no other warranty obligation whatsoever concerning the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be AmandaPanda’s responsibility. 

11. Limitation of Liability 

To the extent permissible by law, you agree to release and hold harmless AmandaPanda and its subsidiaries, affiliates, divisions, partners, licensors, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”), from any and all liability, loss, harm, damage, injury, cost or expense whatsoever, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur, in whole or in part, directly or indirectly, in connection with your use of the Application, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery, as well as for any damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if AmandaPanda has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or incidental or consequential damages, so this limitation may not apply to you. The Released Parties assume no responsibility for any injury or damage to your or to any other person’s device, regardless of how caused, relating to or resulting from downloading materials or software in connection with the Application. You acknowledge that AmandaPanda has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or law, relative to the Application or any component thereof. 

12. Injunctive Relief 

You agree that a breach of this License will cause irreparable injury to AmandaPanda for which monetary damages would not be an adequate remedy. AmandaPanda shall be entitled to seek equitable relief in addition to the other remedies it may have by this License or under the applicable law. 

13. Indemnity

You agree to indemnify, defend and hold AmandaPanda, its licensors, partners, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from you acts and omissions to act in using the Application pursuant to the terms and conditions of this License. 

14. Links

The Application may contain links to third-party websites or interact with third-party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by the AmandaPanda. Our provision of a link to any other website or third-party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. You should read the terms of use and privacy policies that apply to such third-party services, content, and websites. AMANDAPANDA WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY WEBSITE OR THIRD PARTY APPLICATION. 

15. Third-Party Applications/Devices

If you access the Application using an Apple iOS or Android-powered device, then Apple Inc. and Google, Inc. respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Application. You agree that your access to the Application using these devices also shall be subject to the usage terms outlined in the applicable third-party beneficiary’s terms of service. 

16. Term & Termination 

This License shall commence on the date you download the Application and shall continue to be in force and effect for as long as you do not dispose of the Application and as you comply with this License. Your rights under this License will terminate automatically without any notice from AmandaPanda if you fail to comply with any of the terms and conditions of this License. Upon termination of this License, you shall cease all use of the Application and destroy all copies (whether full or partial) of the Application. Additionally, AmandaPanda and/or its licensors, reserve the right to change, suspend, remove, or disable access to the Application or the subscription options at any time without notice. In no event will AmandaPanda be liable for the removal of or disabling of access to the Application. You agree that AmandaPanda shall not be liable for any loss or damage caused, directly or indirectly, by any such termination and/or suspension. 

17. Severability and Survival

If any provision of this License is declared or deemed illegal, unenforceable or invalid under applicable law, this provision shall be considered invalid, but all unaffected provisions will be applied within the limits of the law. AmandaPanda’s failure to enforce any provision of this License shall not constitute a waiver of such provision. 

18. Assignment

AmandaPanda may assign this License, in whole or in part, at any time. You acknowledge that you may not assign, transfer or sublicense any or all of your rights or obligations under this License without the express prior written consent of AmandaPanda. 

19. Governing Law

The laws of Denmark, excluding its conflict of law rules, govern this License and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws. 

20. Export Laws 

You agree to abide by the export laws applicable in Denmark, EU, the US as any other applicable export laws and you agree not to transfer the Application to any foreign national or national destination, which is prohibited by such laws. You hereby certify that you are not a person with whom AmandaPanda is prohibited from transacting business under applicable laws. Furthermore, you represent and warrant that (i) you are not located in a country that is subject to an EU and US Government embargo, or that has been designated by the EU and US Government as a “terrorist supporting country”; and that (ii) you are not listed on any EU and US Government list of prohibited or restricted parties. 

21. Dispute Resolution

AmandaPanda is confident that most of your concerns can be resolved quickly and to your satisfaction by contacting our Customer Support at info@amandapandashop.com. If AmandaPanda cannot resolve a matter to your satisfaction, then you and AmandaPanda agree to be bound by the following procedure to resolve any and all disputes.

Except where prohibited by law, before initiating any formal dispute resolution proceedings, you agree to negotiate with AmandaPanda in good faith on an individual basis. If AmandaPanda and you do not reach an agreement, you agree to submit the dispute to binding arbitration, on an individual basis, and by a single arbitrator. The arbitration shall take place in Denmark, and the award capable of being enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split equally between the parties, and each party shall be responsible for paying its own attorneys’ fees, expert fees, and expenses. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages or injunctive relief but shall only award the aggrieved party the actual damages sustained. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the end user’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. 

22. Terms for Apple iPhone and iPad End Users 

These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Application on Apple, Inc. (“Apple”) iPhone and/or iPad products (collectively the “Apple Devices”). 

a) You acknowledge and agree that this License is concluded between you and AmandaPanda only, not Apple. b) By installing and/or purchasing the Application, provided that you fully comply with the terms and conditions of this License, you are acquiring and AmandaPanda grants you a personal, limited, non-exclusive and non-transferable license to use the Application on authorized Apple Devices for personal, non-commercial use, and subject to the Apple Terms and Conditions (also referred to as the Usage Rules) set forth in the App Store Terms of Service. c) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services concerning the Application. d) In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be AmandaPanda’s responsibility. e) You acknowledge and agree that Apple shall not be responsible for addressing any claims by you or any third party relating to your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claims that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims to arise under consumer protection or similar legislation; and (iv) claims by any third party that the Application or your possession and use of the Application infringes on the intellectual property rights of the third party. f) You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting country”; and that (ii) you are not listed on any US Government list of prohibited or restricted parties. g) You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this License, and that, upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce the License against you as a third-party beneficiary thereof.

23. Modifications

AmandaPanda may, in its sole and absolute discretion, change this License from time to time. Therefore, you agree to review it frequently either in the “Settings” section of the Application or by visiting the AmandaPanda website. Your continued use of the Application will signify your acceptance of the changes to this License as changed. If you object to any such changes, your sole recourse will be to stop using the Application.

24. Miscellaneous 

This License, together with the Privacy policy any other rules or guidelines posted in connection with the Application, constitute the entire and exclusive and final statement of the agreement between you and AmandaPanda. AmandaPanda’ failure to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision. If for any reason any provision of this License is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this License shall continue in full force and effect. The section titles in this License are for convenience only and have no legal or contractual effect. The terms of this License which by their nature should survive the termination of this License shall survive such termination. This License is personal to you and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights and obligations under this License without consent from you. 

25. Legal

AmandaPandaShop and AmandaPanda are trademarks of AmandaPanda IVS. Apple, the Apple iPhone, iPod Touch, and iPad are trademarks of Apple Inc., registered in the US and other countries. App Store is a service mark of Apple Inc. Google and Google Play are registered trademarks of Google LLC.

26. Entire Agreement 

This License, the Privacy Policy, and applicable App Stores licenses, where appropriate, represent and express the whole agreement between you and AmandaPanda for the use of the Application. It replaces and supersedes all prior understandings (written or oral) concerning the within-subject matter. No delay or failure to exercise any right 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 terms or additional terms, the terms of this License shall prevail. In case of any discrepancy between the English, French or other versions of this License, the English version shall always prevail.

27. Claims of Infringement 

For any claims of infringement or any legal inquiries, please contact: info@amandapandashop.com

28. Contact Information 

For any questions, please do not hesitate to contact us! 

By email: info@amandapandashop.com 

By mail: AmandaPanda IVS, Lange-Müllers Allé 28, DK-2960 Rungsted Kyst, Denmark

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