End-user license agreement
Kawaii Peek END-USER LICENSE
This End-User License Agreement (“Agreement”) is between you and application developers, Vladimir Slatvinskiy and Timur Karatyhin. (hereinafter referred to as “Kawaii Peek“”), and governs your use of, including any updates to, this application (“Application”). By using the Application, you fully agree to the Agreement.
This Agreement will be amended periodically and you agree to be bounded to any amendments. It is your responsibility to check and read this Agreement regularly. If you do not agree to any of these terms, do not install or use the Application. Kawaii Peek may, at its own discretion, amend the Agreement for any reason. Unless otherwise provided by Kawaii Peek, any amendments shall become effective when you use Application for the first time after they are displayed on the Application.
Subject to your compliance with this Agreement, Kawaii Peek is granting you a limited, non-exclusive license to use the Application. By installing or using the
Kawaii Peek reserves all rights in the Application including, but not limited to, titles, designs, pictures, storylines, text, images, animations, video, music, and all related copyrights, trademarks, and intellectual property rights. You do not acquire any ownership rights by using the Application, or paying for any content within. Kawaii Peek does not sell 3d models, does not transfer any rights to the content in the application to users. Kawaii Peek provides the user with the opportunity to purchase a 3D model view using AR technology for in-game currency (Coins). All models have their own authors and are protected by copyright.
III. APPLICATION USAGE
This Application may need to connect to application servers in order to play. You are responsible for any costs and fees associated with playing this game, including but not limited to, costs related to device setup, network access, provider plans, and transmission fees. You acknowledge that due to server maintenance and necessary updates, access to the game may become temporarily unavailable.
Player data related to this Application is provided as is and there are no guarantees related to its accuracy or restoration in the event of data loss or changes (ex.
when the player replaces an old device with a new device). When deleting the Application, the user agrees that Application user data (models, dances, music etc.), including those downloaded from the server, purchased for in-game currency (“Coins”) or paid for using any payment systems , will also be deleted without any compensation from the developers side. You agree to use the Application as it is intended and will NOT do, without limitation, the following prohibited actions: (i) copy, display, seek to disable, distribute, perform, publish, modify, decompile, disassemble, reverse engineer, transfer, create derivative works from, the Application; (ii) remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application; (iii) libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner; (iv) exploit or use cheats to obtain an advantage that is not intended; (v) conduct real-money trading using any content or part of the Application (vi) reset a device and/or the data within to create multiple player accounts; (vii) share your account information with any third party; (viii) obtain in-game currency and in-game items without paying applicable fees in the Application (Kawaii Peek has the right to collect ingame currency and in-game items which are equivalent amount of unpaid or cancelled applicable fees); (ix)act contrary to public order and morals; (x)act and promote any illegal activity; (xi) use the Application by account information of others; (xii) in addition, any act that Kawaii Peek regards as prohibited act at its own discretion. Kawaii Peek shall, without prior notice, be entitled to restrict or suspend your use of the Application in case that Kawaii Peek finds that you have conducted those prohibited actions and will not be liable for any loss and damages arising from the Application that may be incurred by you.
- COLLECTING INFORMATION
- USER FEEDBACK
Any and all feedback and submissions to Kawaii Peek in connection with the Application will become the exclusive property of Kawaii Peek, and Kawaii Peek may use such property in any manner without compensation to you.
- WHO MAY USE THIS APPLICATION
By using the Application, you represent and warrant that you are not a child. “Child” is defined as being someone under the age of 14 outside the EU, or under the age of 16 or the relevant age needed for consent if within the EU.
VII. CHARGES & BILLING
The Application includes in-game currency and ingame items that can be licensed for use by you through an in-app purchase using “real money.” You agree to pay the applicable fee for any in-app purchases you make. All purchases are final, non- transferable, and sold as-is with no warranties of any kind. You agree that you have no right of ownership to any of the content made available to you, either free or through an in-app purchase, in the Application.
Depending on the payment method selected by the user, purchases may be subject to individual payment method fees and/or exchange rate fluctuations that would result in the user being charged a different amount than displayed. Please direct inquiries regarding any charge fluctuations to the payment method provider, as Kawaii Peek is not liable or responsible for any difference in charges as a result of such fluctuations.
VIII. APPLICATION UPDATES & BALANCING
The Application will experience maintenance and adjustments to its content. Kawaii Peek reserves the right to make changes to the Application at its sole discretion, including but not limited to, in-game content and player data adjustments (including the reset/balance of player data) without prior notice to users and without liability.
- TERM & TERMINATION
The term of this Agreement shall commence on the date that you install or use the Application and will remain in effect until you remove the Application from your device and discontinue use, or the termination of this Agreement. Kawaii Peek reserves the right to deny or terminate any user access to the Application without notice in the following cases; (i)you breach or fail to comply with any provisions of this Agreement; (ii)you are deemed by Kawaii Peek to be inappropriate and causing trouble to other users; or (iii)with or without cause.Upon termination of this Agreement, sections II, IV, V, VII, VIII,X, XI and XII will survive.
- DISCLAIMER OF WARRANTY
The software is provided “as is” without warranty and Kawaii Peek assumes no liability or responsibility for: (i) any errors, faults, or inaccuracies of content; (ii) loss or damage of any kind, including personal and/or emotional, as a result of the use of the Application; and (iii) any interference, interruption, or cessation to the Application that may hamper your experience.
- LIMITATION OF LIABILITY
In no event shall Kawaii Peek and their suppliers, directors, officers, agents, contractors, partners, or employees be liable for any personal injury, property damage, loss of data, loss of profits, or any indirect, special, punitive, incidental, or consequential damages arising out of or related to the use of the Application and its Agreement, whether arising under theory of contract, tort (including negligence), contract strict liability or otherwise. Any liability arising from this Application and its Agreement shall not exceed the price you paid for the Application with such limitations being applied by the fullest extent permissible by applicable law.
You agree to defend, indemnify and hold Kawaii Peek, and each of its suppliers, directors, officers, agents, contractors, partners, and employees and other users of the Application, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses, including but not limited to reasonable attorney’s fees, arising out of or relating to; (a) Your use of the Application; (b) any breach by you of any provisions of this Agreement; (c) any unlicensed use of the Application using your user accounts; and (d) your negligent or willful misconduct.
XIII. GENERAL PROVISIONS
Kawaii Peek and you agree that Kawaii Peek, and not the device creator or owner of the app download service that provided this app, is solely responsible for the Application and its related content. You also agree that Kawaii Peek may change any part of the Application or discontinue the Application or part thereof, for any reason and without notice to you and without liability. This includes the right to modify or eliminate the use of in-game items and/or in-game currency in the Application.
This Agreement shall be governed by and construed in accordance with the laws of Ukraine, without giving effect to the conflict of law principle thereof, and the parties hereby submit to the exclusive jurisdiction of the courts in Ukraine. If a proper authority finds that any provision of this Agreement is invalid, the remaining provisions of this Agreement shall remain in full force.
Effective Date: 10/12/2020
Regarding the handling of information gathered by this application
Kawaii Peek sets forth the following provisions regarding information acquired by application Kawaii Peek and its usage aims, etc.
Kawaii Peek acquires and uses user information with this application and service. If information is not provided, some or all of the application and service may be unusable.
1. Device information
Information acquired: information that can identify the user’s device, including ID and OS version information
Acquisition method: automatic
2. Purchase information
Information acquired: information on purchases made within the application
Acquisition method: automatic
3. Advertising identifiers
Information acquired: Advertising Identifier (iOS) or s Advertising ID (Android)
Acquisition method: automatic
4. Inquiry information
Information acquired: This application ID, the device in use, and other information entered into contact forms, additional confirmation information requested | from Kawaii Peek, email address Acquisition method: entered by user (note: email address only is automatically acquired from the mailer)
Purpose of use:
– To confirm the identity of the user
– For research on usage trends
– For dealing with inquiries
– To tailor advertisements to the user
– To measure the impact of posted advertisements
– For replying to inquiries and confirming the identity of the user
Stopping automatic transmission of information No method for stopping automatic transmission of information is provided with this application. Please uninstall the application if you would like to stop sending data.
Information retention period
To facilitate the needs required for the purpose of use, information collected will be retained until it is deemed no longer necessary. After that, it will be promptly deleted or anonymized.
Deletion and correction of information.
All requests and inquiries regarding collected information should be directed to the following office. Requests and inquiries will be processed and dealt with appropriately.
Attention: Only the Russian version of this agreement is official. This translation is for your information only. In the event of a conflict between this reference translation and the official Russian version of the agreement, the Russian version of the agreement will prevail. http://kawaiipeek.com/kawaiipeek-eula-and-privacy-policy-ru/
Copyright © 2020 Vladimir Slatvinskiy and Timur Karatyhin. All Rights Reserved.