First of all let's just get this one thing out there: feel free to record gameplay and post it on youtube, blogs, whatever, freely. These games are made for anyone to enjoy, and we appreciate you wanting to spread the word!
These Terms of Service ("TOS") form a legal agreement between you and Dawdlebird Games ("Dawdlebird Games", "we", "our" or "us") regarding your use of Dawdlebird Games producs, websites and related services ("Services"). By accessing, downloading, installing or otherwise making use of our Services, you are agreeing to the terms of this EULA. This agreement extends to further updates or additions to these services, such as updates to games or websites. If you do not agree to the terms of this EULA, you must not access, download, install or use these Services.
Subject to this EULA, you are granted a revocable, non-exclusive, non-transferable, non-sublicencable and limited right to use the Services for your personal, non-commercial use. Dawdlebird Games retains all ownership of rights to the Services, including all title, interest in, and intellectual property rights therin. This includes, but is not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, titles, programming code, artworks characters, moral rights, whether registered or not and all applications thereof, all of which are protected by copyright laws and international treaty provisions, as well as other intellectual property laws. With exception of explicitly described in this EULA or authorized by law, the Services and their accompanying materials (in whole or any part thereof) cannot be copied, reproduced or distributed in any manner or medium. You agree to not copy, reproduce, distribute, manufacture, reverse-engineer, decompile, disassemble, hack, reveal, report or otherwise transfer any or all parts of the Services, either directly or indirectly, wheter it is for personal use or that of any third party.
Although we aim to have our Services be suitable for any age, the agreement to this EULA (prerequesite for use of these Services) is a legally binding contract. Depending on State or Country, minors might be excluded from entering any form of agreement. Therefor;
As part of use of the Services, you might be allowed you to create or generate content, such as screenshots or gameplay video footage ("User Content") to share with others in non-commercial fashion. All rights to any intellectual property and content expressed in this User Content are retained completely by Dawdlebird Games. Furthermore, in exchange for use of the Services, you hereby grant Dawdlebird Games a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use such User Content in any way and for any purposes. This includes, but is not limited to, the right to reproduce, copy, adapt, incorporate, display, publish or otherwise communicate or distribute to the public. In this matter we have no obligation to further notice or compensation to you of any kind. We do accept or consider unsolicited ideas or products of any kind ("Unsolicited Content") such as game ideas, characters or other works or creative materials. Do not submit Unsolicited Content to us. Were you to ignore this and submit Unsolicited Content, you agree to thereby grant Dawdlebird Games a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable (in whole or in part) worldwide license to use and exploit the Unsolicited Content, without compensation of any kind to you or any third party.
Depending through what gaming platform ("Gaming Platform", such as Google Play) a Game is played, it might come with In-App-Purchases ("IAP"), such as the removal of advertising in a game or virtual goods that can for example be used to unlock features or speed up progression in the game to save time ("Game Progress"). These "IAP" can by purchased through implementation of standard means that the Gaming Platform provides. We are not liable for any issue or malfunction you might experience with the Gaming Platform. Upon succesful purchase you shall receive the Virtual Goods in-game at which point they have no other value than what benefit they provide in the Game itself. They have no real-world value, cannot be transferred or resold. Dawdlebird Games retains the right to alter or adjust the ways in IAP are implemented in the Games at any time with or without notice. Dawdlebird Games is not liable for hacking or loss of IAP. Furthermore are we not liable for loss of Game Progress or IAP due to deletion of the Game or re-installation on a different device. By agreeing to this EULA you agree that no refunds is required for any IAP for any reason.
Except for the limited license granted to you under sections 1 and 3, Dawdlebird Games retains and reserves all rights, titles and interest in and to all Dawdlebird Games owned or licensed intellectual property utilized and in connection with the Services, including, without limitation, content, registered and unregistered trademarks, service marks, logos, registered and unregistered designs, copyrights, database rights, inventions, trade secrets, know-how and other confidential and proprietary information of Dawdlebird games, and all other proprietary or intellectual property rights of any kind in any country.
Dawdlebird Games can modify, update or terminate any of its Services, for either improval of these Services or any other reason at its sole discression. We reserve the right to stop offering and/or supporting the Services or any part thereof. License to use the Services extends to those Services as is. That means that modification of these Services modifies corresponding License accordingly, and termination of a Service terminate corresponding License accordingly. Furthermore Dawdlebird Games may take technical and legal steps to prevent users from accessing these Services if they are believed to not be acting in accordance with this EULA.
Use of the Services is at your sole risk. The Services, including, without limitation, all content are provided “as is” without warranty of any kind, and, To the fullest extent permitted by applicable law, Dawdlebird Games disclaims all warranties with respect to the services express or implied, Including, without limitation, implied warranties of condition, continued use, satisfactory quality, non-infringement of third-party rights, Fitness for a particular purpose, and warranties (if any) arising in the course of dealing, usage, or trade practices. Dawdlebird Games does not warrant against interference with your use and enjoyement of the services; that the services will meet your expectations or requirements; That operations of services will be uninterrupted or error-free; that services will interoperate or be compatible with other services; Or that any errors in the services will be corrected.
To the maximum extent permitted by law, Dawdlebird Games will not be liable to you for any special, indirect, Incidental, or consequential damages of any kind, whether based in contract, tort (including negligence), Strict product liability, or any other legal theory, arising out of or relating to your access, Use, misuse, or inability to use the application. Dawdlebird Games' aggregate liability to you in connection with any claims arising out of or relating to the services is Limited To the amount you actually paid for the application. If a law restricts our ability to limit liability or disclaim Warranties, The limitations listed above may not apply to you. In that case, we limit our liability and disclaim warranties to the Greatest extent permitted by law.