Terms & Conditions
for using the application
Escape from Transylvania
1. GENERAL ASPECTS
The terms and conditions for using the mobile application Escape from Transylvania (hereinafter called the Terms), as presented in the present document, as well as any divergences or debentures rights that arise from or regarding the subject in here (including controversies or non-contractual debentures) are and are going to be under the incidence and interpreted according to the Romanian enforceable law.
Please read the following terms carefully and thoroughly!
Each time you use the mobile application Escape from Transylvania (hereinafter called the "Application", these Terms shall be applied!
Escape from Transylvania is a runner-game mobile application. We created the Application for the unique reason of relaxation and fun.
The Terms institute a legal agreement between you as a user (hereinafter called "User") and Devapp Solutions SRL, a Romanian company registered in Bucharest, Blvd. Metalurgiei Nr. 468-472, Bl. C1, Parter, Ap. 6, 4th district ("Us") and its partners. Devapp Solutions SRL can collaborate with different companies in order to ease the payment and any other activities related to the Application.
The Terms shall be applied each time you use the Application. By using the Application you accept and agree to conform to the Terms.
IF YOU DO NOT ACCEPT AND YOU DO NOT GIVE YOUR CONSENT TO SUBMIT TO THESE TERMS, PLEASE DO NOT USE THE APPLICATION!
2. USING THE APPLICATION AND RULES REGARDING THE CONTENT
2.1 Who can use this Application?
2.1.1 The theme of the Application is provided by the classical fantasy characters Dracula and the vampires, as well as legendary means to annihilate the vampires using garlic and derivatives. The Application is created so that to be accessed by any age categories using mobile phones. The Application contains scenes and sounds that can scary children, therefore Users who can be affected by these are kindly asked to not use it.
2.1.2 At the moment of the use of the Application you declare and grant the following:
- That you have the right, authority and full capacity to use the Application;
- That you agree with the Terms and you understand and respect them.
2.2 What type of content is presented in the Application?
The Application presents scenes and sounds that can scary the children.
2.3 Elaborating the personal data and of the traffic data
2.3.1 The Application does not collect personal data;
2.4 Locating data
The Application does not collect location based data of the Users.
3. OWNERSIP OF THE CONTENT
It belongs to Us and to our partners! All the texts, graphic art, interfaces with the user, registered marks, logos and graphic from the Application are controlled or licensed by us or by our partners and are protected by copyright, registered mark or other legal right of intellectual property.
4. OPTIONS FOR A FEE
4.1 What can I buy in the Application?
The Application offers you the possibility to buy certain options (like weapons and ammunition) offered within the Application.
4.2 Can I transfer any of he premium services I bought to another user of the application Escape from Transylvania?
5. ADVERTISING MESSAGES
By using the Application you give permission to see commercials as option to gain benefits in the Application.
6. ACCESS, FUNCTIONALITY
6.1 Do you guarantee that the Application shall function and be accessible all the time?
Unfortunately we cannot guarantee it since the Application can be affected by circumstances or technical problems that are not under our control. No guarantee is offered regarding the quality, accuracy, functionality, availability or performance of the Application we take the right to suspend, withdraw, modify, amend or diverse the Application without any previous notification and without involving any commitment from your side.
6.2 What about guaranteeing the access on the mobile phone?
6.2.1 Escape from Transylvania is an application for mobile phones, therefore you are responsible to ensure the access to the Application (including but not limited to having a data plan or access active) and you are also responsible towards any tax incurring from the access to the Application. We cannot be held responsible for any functionality problem that you can encounter following or regarding the access of the Application by means of the WiFi or mobile internet or by any similar known service at this moment or which will be developed in the future.
6.2.2 By accessing the Application you tacitly accept that you will bear the taxes requested by the mobile internet supplier or of other nature. We shall not be responsible by any means for such costs.
7. APPLICABLE LAW. SOLUTION OF THE CONFLICTS
7.1 I forgot the rules imposed for using the Application
6.2.1 We remind you that usage of the Application is governed by the Romanian law.
In case of a misunderstanding related to the usage of the Application, both Us and our partners, as well as you, declare that we agree to try to solve the respective conflict in friendly terms, the negotiations to this regards being governed by the good faith.
6.2.2 In case we do not manage to solve the conflict on friendly terms, both Us, our partners, as well as you, declare that we agree to address in order to solve the litigation, to the competent courts of law from Bucharest.
If we are sued or if there is a conflict with a third party regarding your use of the Application, then we have the right to defend or to solve the conflict as we consider properly. If we ask you, you shall cooperate thoroughly and equitably according to our request, in order to defend in front of any pertinent claim.
6.2.3 You declare to agree to be impartial and to indemnify us and the employees, managers, agents, representatives and licensors in front of any reclamations, damages (present and/or derived), actions, measures, requests, losses, debts, costs and expenses (including reasonable taxes of the solicitor) suffered or reasonably created by us over the third parties as a result or connected to your access to the Application by your behavior, other than according with the Terms or any other laws or applicable rules (hereinafter called "Reclamations"). The application Escape from Transylvania reserves the exclusive right to solve, to reach a compromise or to pay all the claims or action ways against us without a previous agreement.
8. MAJOR FORCE AND FORTUITY CASE
8.1. We are not responsible to you for the lack of fulfillment of any obligation of major force case / fortuity case and in general in case of an event beyond our control or of our partners’.
8.2. The case of major force / the fortuity case can be, for example, but not limited to: war (declared or not), arm conflict, revolution, insurrection, actions or military or terrorist threatens, sabotage, civil turbulences, riots or other actions in the working field, laws, regulations, decisions, directives, natural catastrophes, earthquakes, fire, explosion, solar or meteorological disturbances, public emergencies or any other happening, beyond our control.
8.3 Yet we insure you that we will take all the necessary means in order to ensure the maximum availability of the Application in case of major force / fortuity case.
9. FINAL PROVISIONS
9.1. We take the right to change, rectify or change the Terms any time (hereinafter called the "Change"). If we do this, the Change shall be published on our website www.escapefromtransylvania.ro. We recommend checking this page regularly in order to bring any Change to your knowledge.
9.2. If you do not agree with the Change brought to the Terms, you have the right to terminate the use of the Application immediately. The continuation of using the Application after the enforceability of any Change represents your accept of that respective Change and legally binds you to respect the new Terms.
9.3 In case any of the provisions comprises inside the Terms is contrary to the law and/or to the legal imperative dispositions, public order or good manners, all the other provisions remain valid and shall apply in consequence, and the null clauses shall be replaced by right with the applicable legal provisions.
9.4 The Terms establish the entire agreement and mutual agreement between Us and you with regards to the usage of the Application, by replacing all the agreements and previous understandings between us (either oral or written). The non-exercising of the rights conferred to us and comprised within the Terms or arising from the law, shall not be equal, by no means, with our renunciation of the respective right.
9.5 As User you understand that the present document applies in your relationship with Us regarding the Application.
9.6 Likewise, you declare that you choose to use the Application knowing and agreeing in conformity with the provisions of the Terms regarding the protection of personal data, our use of your traffic and localization data as they have been hereby presented, of the provisions regarding your responsibility, the limitation of the responsibility regarding us, the conditions of modification the Terms and legislation / applicable law.
9.7 Likewise, you declare to use the Application by knowing all the legal essential enforceable provisions, applicable in your relation with us (for ex: the elaboration of the personal character data, customer protection, etc.)
Escape from Transylvania is a mobile application administrated by Devapp Solutions SRL.
www.escapefromtransylvania.ro is a website held and administrated by Devapp Solutions SRL.
We are registered in Romania under the Sole Identification Number RO29289951.
The terms and conditions become enforceable starting with January 10, 2016.