Terms of Service

The terms of this agreement ("Terms of Service", "Agreement") govern the relationship between You and REDTOWER LLC, a company created and operating under laws of the Republic of Belarus, with registered offices at: Korolya 2, room 9, 220004, Minsk, Belarus ("REDTOWER" or "We" or "Us"), regarding Your use of REDTOWER's games, websites and related services ("Service"), including all information, text, graphics, software, and services, available for Your use.

REDTOWER is a developer and publisher of games and mobile game applications that are made available via app stores including the Apple Application Store and Google Play Store (our "Games").

1. About
Use of Service is also governed by REDTOWER's Privacy Policy which is herein incorporated by reference. This Agreement and our Privacy Policy are available on the REDTOWER's website www.redtower.by. You must agree to these Terms of Service and the Privacy policy before accessing and using the Service.

As a precondition for you using the Services, you must agree to these Terms of Service ("Agreement"). By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to the Agreement, you may not use or otherwise access the Services.

Unless otherwise specified by a component of the applicable Service, the Services are free to use or download but may contain features which may allow you to make purchases within the Services.

You represent that you are 16 years or older. If you are younger than 18 years, you can only download our Games and play them on your device, if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to download our Game o and play our Game subject to these Agreement. REDTOWER may require adequate proof of your identity and age and consent from a parent or guardian at any time.

You represent that you are accessing our Games as a private person. Any commercial use of our Games is not allowed.

2. Your Privacy
We only use any personal data we collect through your use of the Services in the ways set out in our Privacy Statement.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

By using any of the Services, you agree to us collecting and using technical information about the devices you use the Services on and related software, hardware and peripherals to improve our products, as stipulated in our Privacy Statement.

3. End-User License Agreement
3.1. License
Subject to the terms of this Agreement, REDTOWER grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each Game on a mobile device that you own or control for your use (the "License").

3.2. Certain Restrictions
You may not use the Service in whole or in part in a manner not expressly permitted by this Agreement. Without limiting the generality of the foregoing, you must not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Service or create derivative works based on it; (ii) install the Application on a server so that it can be accessed via a public network; or (iii) remove or change any attributes, legal notices or other proprietary notices in the Software or any part thereof. Any such prohibited use immediately and automatically terminates your license to use the Service, without waiving any other protections available to REDTOWER.

3.3. Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.

3.4. Modification
REDTOWER reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that We will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Services or any part thereof.

3.5. Intellectual Property Rights
Unless otherwise specified in writing, all materials that are part of the Services are owned, controlled or licensed by REDTOWER, and are protected by law from unauthorized use. All contents of the Services are owned under the Copyright Laws of the Republic of Belarus and/or similar laws of other jurisdictions. The REDTOWER name, logos, and all the product names associated with the Services belong to REDTOWER (or its licensors, where applicable) and may not be used without their express written permission. REDTOWER (or its licensors, where applicable) reserve all rights not granted in this Agreement.

3.6. Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. Any and all use of such Third-Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them

4. User Content
REDTOWER may allow you to add, create, send, distribute or publish certain content, including, without limitation, text, photographs, videos, data, graphics and information (including, without limitation, personal information and location-based services information (each a "User Submission") through the Service. By submitting any User Submissions through the Service, you are (a) confirm that you publish this User Submission and that you may be publicly identified by your User Name in connection with this User Submission; (b) understand that whether or not this User Submission is published, REDTOWER does not guarantee and is not obligated to maintain confidentiality with respect to any User Submission, and agree that any User Submission provided in connection with the Service is provided on a non-proprietary and non-confidential basis; (c) represent and warrant that you own or have all necessary rights and permissions to use and authorize REDTOWER and the users of the Service to use all intellectual property rights with respect to any User Submission and to allow their inclusion and use in connection with the Service This license includes the right to use the User's Submission to promote and advertise the Service, making it available to others to distribute or publish such User's Submission on other media and services, without compensation to you in respect of the User's Submission that you submit, publish, transmit or otherwise make available through the Services; (f) hereby agree that REDTOWER may post advertising and promotional materials about or in relation to the Service, in connection with your User.

We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.

5. Term and Termination
The agreement between REDTOWER and User runs for an indefinite term. Either party may terminate the agreement at any time by giving 14-days notice (this requires written or electronic mail communication). You may also terminate the agreement with us with immediate effect by deleting Game from your device or from your social network applications. Your in-game progress and any other Game-related data will be deleted.

REDTOWER reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time and REDTOWER will not be liable to User or any third party should it exercises such rights.

6. Indemnification
User agrees to hold harmless, defend and indemnify REDTOWER, and their respective officers, directors, shareholders, employees, agents and other Representatives harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses including reasonable attorneys' fees based on or arising out of: (a) any breach of this Agreement by User; or (b) any gross negligence or willful misconduct of User.

REDTOWER reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify REDTOWER and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of REDTOWER. REDTOWER will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

7. Disclaimer of Warranty
THE SERVICE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITED TO ALL HIGHERITAL, REDTOWER expressly disclaims all WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MALFUNCTION OF THE SERVICE. REDTOWER DOES NOT WARRANTY WHICH ON WHICH SERVICE WILL BE YOUR WITH YOUR STORADY OR WHICH DATA AND SERVICE, THE SERVICE WILL BE ACCURATE, RELIABLE OR UP TO DATE, OR THAT THE SERVICE WILL BE AVAILABLE ON A CONTINUOUS, SECURE OR FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT ALL RISK RELATING TO THE RESULTS OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED TO ACCESS THE SERVICE OR STORE DATA ON SUCH DEVICE, IS SOLELY YOURS.

8. Limitation on Liability
IN NO EVENT SHALL REDTOWER (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR REDTOWER'S PRIVACY PRACTICES, ANY GAME, EVEN IF REDTOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REDTOWER'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR REDTOWER'S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU'VE PAID REDTOWER IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL REDTOWER'S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

9. Subscriptions
Some of REDTOWER's Apps may offer subscription-based Services. If you purchase a subscription, then by clicking the purchase button you are requesting that we begin supplying the subscription Services immediately and you are entering into a lifetime subscription contract with REDTOWER. You are also authorizing a charge you on one-time basis of a lifetime subscription fee at the rate quoted at the time of purchase. By purchasing a subscription, we will automatically charge the payment method associated with your account. For subscription Services purchased in a REDTOWER App played on a platform such as Apple or Google, the applicable platform will charge you for the subscription fee and the platform's payment terms will apply. Please review the appropriate platform's payment terms for additional information.
The Subscription prices are stipulated in the App.
Pricing may vary depending on the countries and / or regions and actual charges may be converted to your local currency depending on the country of residence.
Subscription provides following benefits:
Unlocks all content in the App.
Provides new content regularly free of charge.
Removes ads.

10. Miscellaneous
10.1. Changes to this Agreement
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will do our best to notify you of a change.
If you do not accept the notified changes you may continue to use the Services in accordance with the existing terms, but certain new features may not be available to you.

10.2. Notice
Any notice provided to REDTOWER pursuant to this Agreement should be sent to apps@redtower.by.

10.3. Severability

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

10.4. Entire Agreement
This Agreement is the final, complete and exclusive agreement between you and REDTOWER with respect to the subject matters hereof (including all Games) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End-User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". Your relationship to REDTOWER is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without REDTOWER's prior written consent, and any attempted assignment in violation of the foregoing will be null and void. REDTOWER may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.

11. Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using a Game from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Games from the Apple Application Store.

11.1. Acknowledgement
REDTOWER and you acknowledge that this Agreement is concluded between REDTOWER and you only, and not with Apple, and REDTOWER, not Apple, is solely responsible for Game and the content thereof. To the extent this Agreement provides for usage the rules for Game that are less restrictive than the Usage Rules set forth for Game in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.

11.2. Scope of License
The license granted to you for Game is limited to a non-transferable license to use Game on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.

11.3. Maintenance and Support
REDTOWER is solely responsible for providing any maintenance and support services with respect to Game, as specified in this Agreement (if any) or as required under applicable law. REDTOWER and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Game.

11.4. Warranty
REDTOWER is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Game to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Game to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be REDTOWER's sole responsibility.

11.5. Product Claims
REDTOWER and you acknowledge that REDTOWER, not Apple, is responsible for addressing any claims of you or any third party relating to Game or your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit REDTOWER's liability to you beyond what is permitted by applicable law.

11.6. Intellectual Property Rights
REDTOWER and you acknowledge that, in the event of any third-party claim that Game or your possession and use of Game infringes the third party's intellectual property rights, REDTOWER, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

11.7. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

11.8. Developer Name and Address
REDTOWER's contact information for any end-user questions, complaints or claims with respect to Game: REDTOWER LLC, a company created and operating under laws of the Republic of Belarus, with registered offices at: Korolya 2, room 9, 220004, Minsk, Belarus

Email: apps@redtower.by.

11.9. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using a Game.

11.10. Third-Party Beneficiary
REDTOWER and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.


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