Terms of Service

Terms of Service

Last updated: December 15, 2021

i. About

These Terms of Service (“Agreement”) with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Owen Game Studio (“we,” “us” or “our”), concerning your access to and use of software application for mobile devices (the “App”).

All the documents that relate to the App are hereby expressly incorporated herein by reference.
It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.

If you do not agree with this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove the App from any mobile device in your possession or under your control.

ii. User Restrictions

In order to download, install, access or use the App, you must be 16 years of age or older.Parents and guardians must directly supervise any use of the App by minors.

Any person under the age of 16 years is not permitted to download, install, access or use the App.
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

iii. Limitations

By using the App, you undertake to respect our intellectual rights as well as those owned by third parties. As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement.

You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App, you cannot sell pictures available in the App.

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video as well as names, logos and trademarks within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Freeplay Inc. and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

iv. Payment

The App is provided on free basis. Once you download the App, you’ll have access to its basic features.
Access to some services and/or additional features within the App requires paid subscriptions. The full list of Premium options and pricing is provided on the App’s page. You will have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. When you cancel your subscription you will still have access to basic functions of the App. Premium options are available during the whole free trial period.

You can choose different subscription options. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Certain services within the App may be available as an In-App Purchase.
You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.

v. Disclaimer of Warranty

You agree that your use of the app and its services shall be at your sole risk. The services and all the materials, information, software, content integrated in the app are provided “as is” and “as available”.

We do not make any warranties of any kind, either express or implied, with regard to the merchantability, technical compatibility or fitness for a particular purpose of any service, products or material provided pursuant to this agreement. We do not warrant that the functions contained on or through the services will be available, uninterrupted or error-free, that defects will be corrected, or that the services or the servers that make the service available are free of viruses or other harmful components.

In no event shall we be liable for damages of any type, whether direct or indirect, arising out of or in any way related to the app and services provided by the app. We shall not be liable under any circumstances for any special, consequential, incidental, exemplary or punitive damages, or loss of profit or revenues, even if we have been specifically advised of the possibility of such damages. We shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by any third-parties and accessed through the app or by any other means. You also specifically acknowledge that we are not liable for costs or damages arising out of private or governmental legal actions related to your use of any of the app and its services in any country.

vi. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Japan.
We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service

vii. Change

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

viii. Termination

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination,

  • Yhe rights and licenses granted to you herein shall terminate
  • You must cease all use of the App.

ix. Contact us

If there are any questions regarding this privacy policy you may contact us via owengamestudio@outlook.com.