ROBLEDO SOFTWARE LLC TERMS OF SERVICE AND PRIVACY POLICY

Robledo Software LLC Terms of Service

Effective Date: June 10, 2015

The terms of this agreement ("Terms of Service") govern the relationship between you and Robledo Software LLC and its affiliates (hereinafter "Robledo Software" or "Us" or "We") regarding your use of Robledo Software’s games, websites and related services (the "Service"). Use of the Service is also governed by Robledo Software’s Privacy Policy, which is incorporated herein by reference. 

Before accessing or using the Service, including browsing any Robledo Software website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Robledo Software reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Robledo Software Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Robledo Software Privacy Policy, or any other Robledo Software policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.


1.  CERTAIN DEFINITIONS
•A “Device” means any mobile or wireless computing device, for example a smartphone that may be used to access the Service.
•The “Site” means the website located at http://www.robledosoftware.com/.
•“Service Materials” means all information and materials that are part of the Service, including without limitation the following: any and all copyrightable material, including but not limited to software; the “look and feel” of the Service or any portion of the Service; the compilation and arrangement of the components of the Service or any portion of the Service; pictures or other graphics or images; text; audio or video; advertising copy; data; logos; domain names; trademarks, service marks or trade names; and User Content (as defined below).
•“User Content” means content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information, etc.), which the Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, including by making the foregoing available to Robledo Software and to other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions of the Service.
•“Virtual Currency” means virtual coins, points or similar items that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law.
•“Virtual Goods” means virtual digital items, such as commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law.
•“Your Content” means User Content that you make available in connection with the Service.


2.  GRANT OF LICENSE
The Service is licensed by Robledo Software for personal, noncommercial use on your iPhone, iPod Touch, iPad, or Android device only. All other uses are prohibited.


3.  DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

3.1.  Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the Service.

3.2.  Distribution
The licensed granted hereunder is non-transferable. The Service is licensed for your use only and only on an iPhone, iPod Touch, iPad, or Android device that you own or control and as set forth by the Usage Rules in the Apple App Store Terms of Service as set forth currently at http://www.apple.com/legal/internet-services/itunes/us/terms.html (if licensed through an Apple Source), or the Android Market Terms of Service and Privacy Policy as set forth currently at https://play.google.com/about/play-terms.html (if licensed through an Android Source). You may not distribute the Service to any third party.

3.3.  Prohibition on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the Service, except and only to the extent that such activity is expressly permitted by applicable law.

3.4.  Rental
You may not rent, lease, or lend the Service, or offer it for any commercial use or purpose.

3.5.  Your Conduct as a User of the Service 
You are responsible for your conduct as a member of the community and as a user of the Service.

You agree that you will not, under any circumstances:
- Engage in any act that Robledo Software deems to be in conflict with the spirit or intent of the Service or make improper use of Robledo Software’s support services.
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Robledo Software Game or any Robledo Software game experience or without Robledo Software’s express written consent, modify or cause to be modified any files that are a part of the Service or any Robledo Software game.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Robledo Software game environment.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Robledo Software, 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, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Robledo Software employees, including Robledo Software’s customer service representatives.
- Make available through the Service 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 impersonates any other person, including without limitation a Robledo Software employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Robledo Software game, or to obtain any information from the Service or any Robledo Software game using any method not expressly permitted by Robledo Software.
- Solicit or attempt to solicit personal information from other users of the Service or any Robledo Software game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

If you are under the age of 21 , Robledo Software reserves the right to release transcripts of your chats, or other intra-game communication, to your parents, guardian, or other adult authority figure(s). 

We may, at our sole discretion, immediately suspend or terminate your access to the Service should your conduct, in our sole determination, fail to conform with these Terms.

3.6.  Support Services
Robledo Software may in its sole discretion provide you with support services related to the Service ("Support Services"). Robledo Software is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Robledo Software hereunder. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Service, as between you and Robledo Software shall be and remain the sole property of Robledo Software, and shall be subject to the terms and conditions of this Terms of Service. 

Robledo Software support may be reached by going to our customer support site at http://www.robledosoftware.com/support/. Apple and/or Google, as applicable, has no obligation whatsoever under any circumstances to furnish any maintenance and/or support services with respect to the Service. You agree that you will look solely to Robledo Software in connection with Support Services.

3.7.  Compliance with Applicable Laws
You will fully comply with all applicable laws regarding use of the Service.

 

4.  USERNAME AND PASSWORD
During the Account creation process, you will be required to select a password ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Robledo Software and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Robledo Software reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.


5.  PRIVACY
At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.


6.  INTELLECTUAL PROPERTY
The Service Materials are protected by applicable laws in both the United States and other jurisdictions, including but not limited to intellectual property laws. Any use, copying and/or dissemination of the Service Materials may be restricted by such laws. You agree not to (nor attempt to) license, modify, copy, publish, sell, transfer, transmit or exploit in any way, any portion of the Service or Service Materials other than (a) Your Content (as defined below), (b) the specific Service Materials set forth in the following paragraph of this Section, or (c) as expressly permitted in writing by Robledo Software and, if applicable, the third party owner(s) of such Service Materials. You are solely responsible for obtaining permission from such owner(s).


7.  OWNERSHIP

7.1.  Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Robledo Software game client, and the Robledo Software game clients and server software) are owned by Robledo Software. Robledo Software reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

7.2.  Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ROBLEDO SOFTWARE. 

7.3.  Virtual Items
Robledo Software owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Robledo Software games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Robledo Software game, whether earned in a game or purchased from Robledo Software, or any other attributes associated with an Account or stored on the Service.


8.  USER CONTENT / YOUR CONTENT
All User Content is the sole responsibility of the person from whom such User Content originated. Robledo Software has no obligation to review, evaluate or otherwise monitor any User Content for any quality, including but not limited to accuracy or legality. Robledo Software makes no warranties or other guarantees with respect to User Content and hereby disclaims any and all such warranties or guarantees.

Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with, the use of any User Content available in connection with the Service. Robledo Software shall not be liable in any way for any User Content made available via the Service, including but not limited to any errors or omissions in any such User Content or any loss or damage of any kind resulting from any use of such User Content. You may notify Robledo Software of User Content that you believe violates these Terms of Service, or other inappropriate user behavior, by going to our customer support site at http://www.robledosoftware.com/support/.
Notwithstanding the foregoing, Robledo Software reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason or for no reason at any time.

You agree that Your Content is not confidential and will not be returned to you. You warrant that Your Content is original to you and that you own all rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Service without Robledo Software incurring any obligations to any third party or liability arising out of its exercise of such rights and licenses.

You hereby grant to Robledo Software an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Robledo Software the right to authorize others to exercise any of the rights granted to Robledo Software under these Terms of Service. You further hereby grant to Robledo Software the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner.

Robledo Software does not claim any ownership rights in Your Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit Your Content. Robledo Software has no obligation to monitor or enforce your intellectual property rights in or to Your Content. Robledo Software has no obligation to accept, display, review, maintain or otherwise exploit any User Content.


9.  FEEDBACK
“Feedback” means any comments, suggestions or other feedback about, related to or in connection with, the Service that you provide to Robledo Software. You agree that any Feedback shall be the exclusive property of Robledo Software, and you hereby assign to Robledo Software all rights, title and interest in and to all Feedback. You agree that, unless otherwise prohibited by applicable law, Robledo Software may, without any compensation to you, use, sell and otherwise disclose or exploit the Feedback in any way and for any purpose.


10.  SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
WITHOUT LIMITING ANY OTHER REMEDIES, ROBLEDO SOFTWARE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO ROBLEDO SOFTWARE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR ROBLEDO SOFTWARE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND ROBLEDO SOFTWARE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

ROBLEDO SOFTWARE RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 14 DAYS.

Robledo Software reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Robledo Software shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may terminate your Account at any time and for any reason by going to our customer support site at http://www.robledosoftware.com/support/ informing Robledo Software that you wish to terminate your Account.

You agree that the following sections of these Terms of Service will survive any termination of these Terms of Service, your Account or the Service: Section 6 (Intellectual Property); Section 7 (Ownership); Section 8 (User Content/Your Content); Section 9 (Feedback), Section 10 (Termination); Section 11 (Disputes Between You and Other Users), Section 14 (Indemnification); Section 15 (Disclaimers of Warranties); Section 16 (Limitation of Liability); Section 17 (Dispute Resolution And Governing Law); Section 18 (Severability); and Section 20 (General Provisions).


11.  DISPUTES BETWEEN YOU AND OTHER USERS
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through your use of the Service. Robledo Software reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service. You will fully cooperate with Robledo Software to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Robledo Software access to any password-protected portions of your Account. Robledo Software hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Service.


12.  FEES AND PURCHASE TERMS

12.1.  Purchases
Except as may be expressly specified otherwise by Robledo Software with respect to paid portions of the Service, Robledo Software reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.

12.2  Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Robledo Software may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT ROBLEDO SOFTWARE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.


13.  UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Robledo Software may require that you accept updates to the Service and to Robledo Software’s games you have installed on your computer. You acknowledge and agree that Robledo Software may update the Service and Robledo Software games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Robledo Software’s Games.


14.  INDEMNIFICATION
You agree to indemnify, defend and hold the Robledo Software Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) due to or arising from information in your Account, any information you (or anyone accessing the Service using your Account) submit, post or transmit through the Service, as well as your (or anyone accessing the Service using your Account):
•use of the Service,
•violation of these Terms of Service, and
•violation of any rights of any other person or entity.

Robledo Software may assume the exclusive defense and control of any matter within the scope of this section. You agree to cooperate with Robledo Software and pay all expenses, with respect to any such matter.


15.  DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE SERVICE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL USE OF THE SERVICE IS AT YOUR OWN RISK. 

WITHOUT LIMITING THE FOREGOING, NEITHER ROBLEDO SOFTWARE NOR ITS AFFILIATES (DEFINED BELOW) OR SUBSIDIARIES, NOR ANY OF THEIR EMPLOYEES, DIRECTORS, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE “ROBLEDO SOFTWARE PARTIES”) WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR (B) THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE OR ACCESSIBLE OR (C) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. AFFILIATE MEANS ANY ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS UNDER COMMON CONTROL, OR CONTROLLED BY ROBLEDO SOFTWARE, LLC.


16.  LIMITATION OF LIABILITY
THE ROBLEDO SOFTWARE PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ROBLEDO SOFTWARE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE ROBLEDO SOFTWARE PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ROBLEDO SOFTWARE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNT TO ROBLEDO SOFTWARE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND THE ROBLEDO SOFTWARE PARTIES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ROBLEDO SOFTWARE OR THE ROBLEDO SOFTWARE PARTIES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Robledo Software or any other Robledo Software Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Robledo Software’s and any Robledo Software Party’s liability shall be the minimum permitted under such applicable law.


17.  DISPUTE RESOLUTION AND GOVERNING LAW
If a dispute arises between you and Robledo Software, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at http://www.robledosoftware.com/support/. These Terms of Service and any claim related to these Terms of Service or Privacy Policy or to the Service itself will be governed by the laws of the State of Iowa without reference to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Cedar Rapids, Iowa, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.


18.  SEVERABILITY
You and Robledo Software agree that if any portion of these Terms of Service or of the Robledo Software Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.


19.  EXPORT CONTROLS
The Service may not be re-exported, downloaded or otherwise exported into any country against which the U.S. Government maintains comprehensive economic sanctions or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entity List. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 


20.  GENERAL PROVISIONS

20.1.  Assignment
Robledo Software may assign or delegate these Terms of Service and/or the Robledo Software Privacy Policy, 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 the Terms of Service or Privacy Policy without Robledo Software’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

20.2  Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Robledo Software Privacy Policy), contain the entire understanding of you and Robledo Software, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

20.3.  No Waiver
The failure of Robledo Software to require or enforce strict performance by you of any provision of these Terms of Service or the Robledo Software Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Robledo Software's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Robledo Software of any provision, condition, or requirement of these Terms of Service or the Robledo Software Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Robledo Software shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Robledo Software.

20.4.  Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Robledo Software are of a unique and irreplaceable nature, the loss of which shall irreparably harm Robledo Software and which cannot be replaced by monetary damages alone so that Robledo Software shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Robledo Software game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 15 (Limitation of Liability) (if any).

20.5.  Force Majeure
Robledo Software shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Robledo Software, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Robledo Software’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.


21.  Apple App Store Additional License Terms
These license terms are in addition to all other terms of the Limited Software Warranty; License Agreement, and Information Use Disclosures. If any Service is provided to you through the Apple Inc. ("Apple") App Store, then the following additional terms and conditions in this paragraph apply. This Agreement is solely between you and Licensor, and not with Apple. You acknowledge that Apple has no obligation to furnish any maintenance or support services to you in connection with the Service. In the event of any failure of the Service to conform to the Limited Warranty in this Agreement, you may notify Apple, and Apple will refund the purchase price for the Service. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. Any claim in connection with the Service related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by this Agreement, and Apple is not responsible for such claims. You must comply with the App Store Terms of Service, including the Usage Rules. The license to the Service is a non-transferable license to use the Service only on an iPhone or iPod touch that you own or control. You represent that you are not located in any U.S. embargoed countries or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's list or Entity List. Apple is a third party beneficiary to this Agreement and may enforce this Agreement against you.  All other terms and conditions of the Terms of Service apply to your use of the Service.