Terms & Conditions
Terms and Conditions Service Provider Terms & Conditions April 13, 2020 These Terms and Conditions (“T&C”) apply to you and Service Provider- Highweb Ireland Operations Limited, ('Highweb Ireland Operations LTD ” “Service Provider”) regarding your use of HIGHWEB IRELAND OPERATIONS LTD´s games, websites, discussion forums and related services ('Services'). Use of the Services is also governed by Highweb Ireland Operations LTD´s Privacy Policy available at https://www.alterapps.com/privacy , which is incorporated by reference. Applicable legislation- legislation of Estonia. All questions not regulated or partly regulated by Terms and Conditions or/and Privacy Policy, regulated in accordance with substantive law of Ireland. If the disputes have not been resolved by negotiation between User and Highweb Ireland Operations LTD under the Contract, disputes brought for consideration in the manner prescribed by actual Regulation of the national Ireland’s Court. As a precondition for using the Services, you must agree to these T&C. If you accept these T&C, you represent that you are age 13 (or 18 for specified Services). If you are between the ages of 13 and 18 or otherwise do not have the authority to enter into agreements such as these T&C, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these T&C. As a precondition for using our specified Services (marked by “18+” icon), you represent that you are age 18. By using or otherwise accessing the Services, you agree to these T&C. If you do not agree to these T&C, you may not use or otherwise access the Services. Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services. If you access the Services from a social networking site ('SNS'), such as Facebook, you agree to comply with its Terms and Conditions as well as these T&C. Highweb Ireland Operations LTD may issue additional policies related to specific components of the Services (including, but not limited to, forums, contests, sweepstakes, or loyalty programs). Your right to use the Services is subject to such relevant policies and these T&C. Right to Use the Services Subject to these T&C, Highweb Ireland Operations LTD hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these T&C. Except as previously set forth, you do not receive any other license. Highweb Ireland Operations LTD retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without Highweb Ireland Operations LTD’s prior written consent. Highweb Ireland Operations LTD reserves all rights not expressly granted to you herein. The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from Highweb Ireland Operations LTD or third parties. Purchases in the Services Highweb Ireland Operations LTD may license to you certain virtual goods to be used within the Service and which you may purchase with 'real world' money or which you may earn or redeem via gameplay ('Virtual Items'). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use. Highweb Ireland Operations LTD may manage, control, modify or eliminate Virtual Items at any time, with or without notice. The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable. Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither Highweb Ireland Operations LTD nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Highweb Ireland Operations LTD is not liable for hacking or loss of your Virtual Items. Price and availability of Virtual Items are subject to change without notice. By law, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced. Accordingly, you agree that Highweb Ireland Operations LTD is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these T&C was voluntary or involuntary. If you ask for your personal data to be deleted as described in Highweb Ireland Operations LTD’s Privacy Policy, you will permanently forfeit all of your Virtual Items without the right to refund, as Highweb Ireland Operations LTD will no longer be able associate such Virtual Items with you. Code of Conduct You agree that you will not, under any circumstances: Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services. Use the Services in violation of any applicable law or regulation. Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes. Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services; Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services. Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Highweb Ireland Operations LTD, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services. Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable. Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Highweb Ireland Operations LTD employees, directors, officers, and customer service representatives. Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a Highweb Ireland Operations LTD employee, director or officer. Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Highweb Ireland Operations LTD, or to obtain any information from the Services using any method not expressly permitted by Highweb Ireland Operations LTD. Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services. Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware. Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services. Engage in any act that Highweb Ireland Operations LTD deems to conflict with the spirit or intent of the Services or make improper use of Highweb Ireland Operations LTD ´s support services. Third-Party Services Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which a Highweb Ireland Operations LTD is not a party. Accounts and Login Information Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account, or you may also use other credentials to access the Account ('Login Information'). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. Highweb Ireland Operations LTD may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission. Highweb Ireland Operations LTD reserves the right to delete your Account if Highweb Ireland Operations LTD observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you. User Contributions The Services may allow you to create content, including, but not limited to, gameplay maps, characters, screenshots or videos of your gameplay (collectively “User Contributions”). In exchange for use of the Services, you hereby grant Highweb Ireland Operations LTD a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind. Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Highweb Ireland Operations LTD 's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to Highweb Ireland Operations LTD, and the foregoing waiver of any applicable moral rights, survives any termination of these T&C. Highweb Ireland Operations LTD, its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Highweb Ireland Operations LTD or its directors, officers or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Unsolicited Content may be used and exploited by Highweb Ireland Operations LTD without compensation to you or any third party and you grant Highweb Ireland Operations LTD a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content. Communications between Users of the Services Highweb Ireland Operations LTD assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Highweb Ireland Operations LTD does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk. By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. Highweb Ireland Operations LTD may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications. Highweb Ireland Operations LTD reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time Highweb Ireland Operations LTD chooses, at its sole discretion, to monitor the Services, Highweb Ireland Operations LTD nonetheless assumes no responsibility for content made available by users of the Services, and Highweb Ireland Operations LTD assumes no obligation to modify or remove any inappropriate content. Suspension and Termination for your Breach Without limiting any other remedies available to Highweb Ireland Operations LTD, if Highweb Ireland Operations LTD believes that you are in breach of these T&C, Highweb Ireland Operations LTD reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services. Availability of the Services Highweb Ireland Operations LTD may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if Highweb Ireland Operations LTD believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these T&C. Highweb Ireland Operations LTD reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Highweb Ireland Operations LTD does not have to provide refunds for Virtual Items or other items in connection with such discontinued Services. Disclaimer To the fullest extent permissible under applicable law (Legislation of Ireland), the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. Highweb Ireland Operations LTD does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Highweb Ireland Operations LTD does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Highweb Ireland Operations LTD, its employees or other representatives constitute a warranty. Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these T&C shall infringe upon the statutory rights that you may have as a consumer of the Services. Limitations of Liability In no way will Highweb Ireland Operations LTD be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these T&C or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Highweb Ireland Operations LTD has been advised of the possibility of such damages. For purposes of Article 11 “Limitations of Liability,” Highweb Ireland Operations LTD’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these T&C against you. In no way will Highweb Ireland Operations LTD´s total aggregate liability arising out of or in connection with these T&C, the Privacy Policy or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items; or (ii) twenty euros (€200). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Highweb Ireland Operations LTD and you. Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these T&C will infringe upon any statutory rights you may have as a consumer of the Services. You agree to indemnify, defend and hold Highweb Ireland Operations LTD (and Highweb Ireland Operations LTD´s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these T&C; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior. Copyright and special notices If you believe the Services or any of its content infringes your copyrights, please send a notice to: Highweb Ireland Operations LTD Tel: +79214042469 e-mail: [email protected] Notices sent to the specified address will reach Highweb Ireland Operations LTD´s registered DMCA agent. Please include all the following in your notice: Identify the copyrighted work that you claim has been infringed. If your notice covers multiple works, you may provide a representative list of such works. Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable Highweb Ireland Operations LTD to locate the material. Provide your full legal name, mailing address, telephone number, and (if available) email address. Links to Third-party Products and Services Highweb Ireland Operations LTD may link to third-party websites or services from the Services. You understand that Highweb Ireland Operations LTD makes no promises regarding any content, goods or services provided by such third parties and, you understand Highweb Ireland Operations LTD does not endorse them. Highweb Ireland Operations LTD is also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to these third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand Highweb Ireland Operations LTD´s Privacy Policy does not apply in relation to such data. Changes to these T&C Highweb Ireland Operations LTD may update these T&C from time to time in response to changing legal, technical or business developments. When Highweb Ireland Operations LTD updates these T&C, Highweb Ireland Operations LTD will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes Highweb Ireland Operations LTD makes. By continuing to access or use the Services after updates become effective, you agree to be bound by the updated T&C. Inappropriate Content policy We don't allow any content to be distributed or produced through our services that violates the law, markets illegal products or services, or is sexually explicit or pornographic. Adult content; Content protected by copyright law copied, posted or displayed without any necessary legal rights to use that content; Drug, alcohol, and tobacco-related content; Hacking and cracking content; Violent content (excluding sports and news information content); Weapon-related content; Any other illegal content; We do allow affiliate links to be used in our related platforms or pages, but not to blacklisted URLs. Governing Law Applicable legislation- legislation of Ireland. All questions not regulated or partly regulated by Terms and Conditions or/and Privacy Policy, regulated in accordance with substantive law of Ireland. If the disputes have not been resolved by negotiation between User and Highweb Ireland Operations LTD under the Contract, disputes brought for consideration in the manner prescribed by actual Regulation of the national Ireland’s Court. By using Highweb Ireland Operations LTD Services, you agree that all disputes between you and Highweb Ireland Operations LTD shall be governed by the laws of Ireland, regardless of conflict of law provisions. You agree that any claim or dispute you may file against Highweb Ireland Operations LTD must be resolved exclusively by a court located in Ireland. If the jurisdiction of your domicile prohibits Highweb Ireland Operations LTD from enforcing the governing law provision, nothing in these T&C limits your rights based on the laws governing your domicile. Assignment, Severability and Entire Agreement Highweb Ireland Operations LTD may assign these T&C, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these T&C or the Privacy Policy without Highweb Ireland Operations LTD’s prior written consent, and any unauthorized assignment and delegation by you is void. If any provision of these T&C is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these T&C will remain in full force and effect. Highweb Ireland Operations LTD’s failure to enforce any right or provision of these T&C will not be deemed a waiver of such right or provision. This T&C and Privacy Policy set out the entire agreement between you and Highweb Ireland Operations LTD regarding the Services and supersede all earlier agreements and understandings between you and Highweb Ireland Operations LTD. Any failure by Highweb Ireland Operations LTD to exercise or enforce any of its rights under these T&C does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of Highweb Ireland Operations LTD. Our Contacts: Highweb Ireland Operations LTD Tel: +7921 404 2469 e-mail: [email protected] Alter Apps Terms and Conditions April 13, 2020 Alter Apps is a service provided by Highweb Ireland Operations LTD ('Service Provider', 'we' or 'us'). Your use of http://alterapps.com/ (referred to as 'Alter Apps') and the apps, games, music, movies, books, magazines, or other content or services (referred to as 'Content') available through it is subject to these Alter Apps Terms & Conditions (referred to as 'Alter Apps T&C') and the Service Provider Terms & Conditions (referred to as 'Service Provider T&C') (together referred to as the 'Terms'). Alter Apps is a 'Service' as described in the Service Provider T&C. If there is any conflict between the Alter Apps T&C and the Service Provider T&C, the Alter Apps T&C shall prevail. Applicable legislation- legislation of Ireland. All questions not regulated or partly regulated by Terms, regulated in accordance with substantive law of Ireland. If the disputes have not been resolved by negotiation between You and Service Provider, disputes brought for consideration in the manner prescribed by actual Regulation of the national Ireland’s Court. 2.1. You may use Alter Apps for browsing, locating, viewing, streaming, or downloading Content for your mobile device, personal computer, tv, electronic watch, or other supported electronic device (referred to as 'Device'). To use Alter Apps, you will need a Device that meets the system and compatibility requirements for the relevant Content, an Internet access, and compatible software. The availability of Content may vary and not all Content may be available in your city/state/province/country. Content at Alter Apps may be provided by Service Provider or by independent third party. Service Provider is not responsible for any Content made available through Alter Apps by any third party. 2.2. In order to use Alter Apps, you must have a Service Provider account (referred to as 'Alter Apps Account'), subject to age restrictions. As a precondition for using Alter Apps Account, you represent that you are age 13 (or 18 for specified Content). If you are between the ages of 13 and 18 or otherwise do not have the authority to enter into agreements such as Terms, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these Terms. As a precondition for using our specified Content (marked by “18+” icon), you represent that you are age 18. You must comply with any additional age restrictions that might apply for the use of specific Content or features on Alter Apps in your city/state/province/country. 2.3. You are responsible for any fees incurred from third parties in connection with your use and viewing of Content and Alter Apps. 2.4. Alter Apps or Content may need to be updated (such operation referred to as 'Updating'). By agreeing to these Terms and using Alter Apps, you agree to receive such Updating automatically. You may be able to manage Updating process in Alter Apps. 2.5. Service Provider's Privacy Policy explain how we treat your personal data and protect your privacy when you use Alter Apps. Service Provider may need to provide your personal information to the third party for the purposes of processing your transactions or provisioning Content to you. 2.6. You must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Alter Apps or of any user of other Service Provider Services via Alter Apps. 2.7. If Service Provider disables access to your account in accordance with the Terms (f. ex. if you violate the Terms), you may be prevented from accessing Alter Apps, your account details or any files or other Content that is stored with your account. Please contact Service Provider for more information. 2.8. To protect you against malicious software, URLs, and for other security purposes, Service Provider may receive information about your Device's network connections, URLs or any software installed on your Device from any source. Service Provider may remove or block any software on your Device for security purposes. You can change settings in Service Provider Account or contact Service Provider and software, installed on your Device may continue to be analyzed for security purposes without sending information to Service Provider. 2.9. If the Terms change, new version will be released at http://alterapps.com/ . Your continued use of Alter Apps after this release will indicate your acceptance of the new Terms. The new Terms will apply to any Alter Apps resource and all Content (including Content downloaded or purchased in the past) and all subsequent downloading or purchases. PLEASE BE INFORMED: if you do not agree with such changes, you must terminate your use of the Alter Apps and Content. 3.1. Service Provider may allow you to download, view or use free Content on Alter Apps. Additional limitations may apply to your access and use of this free Content. 3.2. When you buy Content or use Alter Apps you will enter into contract, based on these Terms, with the seller which will be either: 3.2.1. Service Provider- Highweb Ireland Operations LTD , 6-9 Trinity Street Dublin 2, Ireland, 675090, or 3.2.2. Content Provider (the 'Provider'), including where Highweb Ireland Operations LTD is acting as an agent for the Provider. 3.2.3. For sales where Service Provider is acting as an agent for the Provider, the statement, in the Service Provider T&C, that the Service Provider T&C 'do not create any third party beneficiary rights', does not apply to use of Alter Apps. 3.2.4. Your contract for the purchase and use of Content is completed once you receive the email from Service Provider, confirming your purchase of that Content, and performance of this contract begins as soon as the purchase is complete. 3.3. In order to purchase Content through Alter Apps, Service Provider may make available to you various payment processing methods to facilitate the purchase of Content through Alter Apps. You must abide by any relevant terms and conditions or other legal agreement, whether with Service Provider or a third party, that governs your use of a given payment processing method. Service Provider may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on Alter Apps. 3.4. Pricing and availability of all Content displayed through Alter Apps are subject to change at any time prior purchasing. 3.4.1. You are responsible for any taxes, duties, customs fees, levies or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest (commonly referred to as 'Tax') and must pay for Content without any reduction for Taxes. If the seller of Content or Service Provider is obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of Alter Apps or the purchase of Content on or through Alter Apps. The reporting and payment of any such applicable Taxes are your responsibility. 3.5. All sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction. 3.6. Subscriptions are automatically charged each billing period according to any relevant terms and conditions or other legal agreement, whether with Service Provider, Content provider or a third party, that governs your use of a given payment processing method. 3.7. When you subscribe to Content for a price, you may receive access to the subscription benefits for free for a specified trial period, after which you will be charged until you cancel your subscription. To avoid being charged after the end of this period, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant app and any subscription privileges unless otherwise specified in terms and conditions or other legal agreement, whether with Service Provider, Content provider or a third party, that governs your use. Access to such trial periods may be provided with any limitations or special rules. 3.8. You may cancel a subscription at any time before the end of the applicable billing period and the cancellation will apply to the next period. You will not receive a refund for the current billing period, 3.9. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, Service Provider will notify you. The increase will apply to the next payment 4.1. After completing a transaction or paying the applicable fees for Content, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to store, access, view, use, and display copies of the applicable Content on your Devices or as otherwise authorized as part of the Service for your personal, non-commercial use only. Your use of apps and games may be governed by the additional terms and conditions of the end user license agreement between you and the Content Provider. 4.2. If you violate any of the Terms, your rights under this license will immediately terminate, and Service Provider may terminate your access to Alter Apps, the Content or your Alter Apps Account without any refund. 4.2.1. You may not: display the Content as part of any public performance or display even if no fee is charged except (a) where such use would not constitute a copyright infringement or violate any other applicable right or (b) as specifically permitted and only in the exact manner provided. sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any Content to any third party including with regard to any downloads of Content that you may obtain through Alter Apps except as specifically permitted and only in the exact manner provided. use Alter Apps or any Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Content that is presented to you in streaming format. use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided. attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or Alter Apps. remove any watermarks, labels or other legal or proprietary notices included in any Content, or attempt to modify any Content obtained through Alter Apps, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content. Notwithstanding anything to the contrary in these Terms, the third parties who license their Content to Service Provider are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content (referred to as 'Third-Party Provisions'), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms. Once Content is available to you through Alter Apps, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us or Content Provider as soon as reasonably possible if you find any errors or defect. Subject to the Terms, Content that you purchase or install will be available to you through Alter Apps for the period selected by you, in the case of a purchase for a rental period, and in other cases as long as Service Provider has the right to make such Content available to you. In certain cases, Service Provider may remove from your Device or cease providing you with access to certain Content that you have purchased. For Content sold by Highweb Ireland Operations LTD, you may be given notice of any such removal or cessation, when possible. Service Provider may from time to time place limits on the number of Devices or software applications you may use to access Content. None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage. Your use of Alter Apps and any Alter Apps music subscription product is governed solely by these Terms, and not the terms of any other Service Provider product, including any other Service Provider product through which you receive access to a Alter Apps music subscription. Service Provider Contacts: Highweb Ireland Operations LTD 6-9 Trinity Street Dublin 2, Ireland, 675090, or Tel: +7921 404 2469 e-mail: [email protected]