Mint Chocolate Apps Terms of Service Mint Chocolate Apps develops and publishes apps and games for mobile devices. In this
policy, “Mint Chocolate Apps” may also refer to "We" or "Us". This Agreement requires the use of arbitration
on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the
remedies available to you in the event of a dispute. This Terms of Service (“Agreement”) sets forth the legally
binding terms for your use of any App (including any related services provided by Mint Chocolate Apps. By
using any App, you are accepting this Agreement and you represent and warrant that you have the right, authority,
and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement,
please do not use any App. This Agreement is the final, complete and exclusive agreement of you and Mint
Chocolate Apps with respect to the subject matters hereof (including the Apps) and supersedes and merges
all prior discussions and agreements between the parties with respect to such subject matters (including
any prior End User License Agreements, Terms of Service or Privacy Policy).
1. End User License Agreement 1.1 License Subject to the terms of this Agreement, Mint Chocolate
Apps grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy,
for the purpose of downloading, installing and executing, the number of copies for which you are authorized
by the download site of each App on a mobile device that you own or control for your use (the “License”).
1.2 Certain Restrictions The rights granted to you in this Agreement are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble,
decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions
are expressly prohibited by applicable law; (c) you shall not access any App in order to build a similar
or competitive service or application; (d) except as expressly stated herein, no part of any App may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any
means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained
on or in any App. Any future release, update, or other addition to functionality of any App (including in-App
purchases, additional levels, and game play or app use enhancements) shall be subject to the terms of this
Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary
notices on any App content must be retained on any copies. 1.3 Local Laws You are solely responsible for
compliance with all applicable laws, including without limitation export and import regulations. 1.4 Modification
Mint Chocolate Apps reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part
thereof with or without notice. You agree that Mint Chocolate Apps will not be liable to you or to any third
party for any modification, suspension, or discontinuance of any App or any part thereof. 1.5 Ownership Apps
provided to you are licensed to you and not sold. Mint Chocolate Apps (and its licensors, where applicable)
own all right, title and interest, including all related intellectual property rights, in and to all Apps,
excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any
rights of ownership in or related to any App. The Mint Chocolate Apps name, logo, and the product names associated
with the Apps belong to Mint Chocolate Apps (or its licensors, where applicable), and no right or license
is granted to use them by implication, estoppel or otherwise. Mint Chocolate Apps (and its licensors, where
applicable) reserve all rights not granted in this Agreement. 1.6 Ads When you start or stop an App, it may
display an ad. During game play or app use, banner and/or interstitial ads may be displayed. 2. User Content
2.1 User Content “User Content” of a user means any and all content that such user uploads, distributes,
or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks
associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness
by others, or any disclosure of your User Content that makes you or any third party personally identifiable.
You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined
below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by
Mint Chocolate Apps. Mint Chocolate Apps is not obligated to backup any User Content and User Content may
be deleted at any time. You are solely responsible for creating backup copies of your User Content if you
desire. 2.2 License By uploading, distributing, or otherwise using your User Content with any App, you automatically
grant, and you represent and warrant that you have the right to grant, to Mint Chocolate Apps an irrevocable,
nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce,
distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works,
and otherwise use your User Content, solely to display your User Content on any App. 2.3 Feedback If you
provide Mint Chocolate Apps any feedback or suggestions (“Feedback”), you hereby assign to Mint Chocolate
Apps all rights in the Feedback and agree that Mint Chocolate Apps shall have the right to use such Feedback
and related information in any manner it deems appropriate. Mint Chocolate Apps will treat any Feedback you
provide to Mint Chocolate Apps as non-confidential and non-proprietary. You agree that you will not submit
to Mint Chocolate Apps any information or ideas that you consider to be confidential or proprietary. 2.4
Acceptable Use Policy The following sets forth Mint Chocolate Apps _ “Acceptable Use Policy”: (1) You agree
not to use any App to upload, distribute, or otherwise use any User Content (a) that violates any third-party
right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity,
or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory,
false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene,
or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence,
racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or
is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates
of any law, regulation, or contractual obligations. (2) You agree not to use any App to: (a) upload or distribute
any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system
or data; (b) collect information or data regarding other users, including e-mail addresses, without their
consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair,
or otherwise interfere with servers or networks connected to Apps (e.g., a denial of service attack); (d)
attempt to gain unauthorized access to the Site or App or servers or networks connected to Apps (e.g., through
password mining); or (e) interfere with another user’s use and enjoyment of any App. 2.5 Enforcement We reserve
the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify
your User Content at any time for any reason in our sole discretion with or without notice to you. 3. Term
and Termination 3.1 This Agreement commences on the date you accept this Agreement (as described in the preamble)
and will remain in full force and effect while you use the App, unless earlier terminated in accordance with
this Agreement. 3.2 Notwithstanding the forgoing, if you used any App prior to the date you accepted this
Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences
on the date you first use any App (which ever is earlier and which may be prior to the Agreement Version
Date) and will remain in full force and effect while you use any App, unless earlier terminated in accordance
with this Agreement. 3.3 We may (a) suspend your rights to use any App, and/or any related services or (b)
terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you,
including if we in good faith believe you have violated the Acceptable Use Policy or any other provision
of this Agreement. Without limiting the foregoing, Word Crossy reserves the right to terminate its Agreement
with any user who repeatedly infringes third party copyright rights upon prompt notification to Word Crossy
by the copyright owner or the copyright owner’s legal agent. 3.4 Upon termination of this Agreement, your
right to use the App will automatically terminate immediately. You understand that any termination may involve
deletion of your User Content associated therewith from our live databases. Word Crossy will not have any
liability whatsoever to you for any termination of this Agreement, including deletion of your User Content.
Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect:
Sections 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8, 9, and 10. 4. Indemnity You agree to defend, indemnify
and hold harmless Mint Chocolate Apps (and its suppliers) from and against any claims, suits, losses, damages,
liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting
from or relating to: (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement.
Mint Chocolate Apps reserves the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify Mint Chocolate Apps and you agree to cooperate with our defense
of these claims. You agree not to settle any matter without the prior written consent of Mint Chocolate Apps.
Mint Chocolate Apps will use reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it. 5. Third Parties 5.1 Application Stores. You acknowledge and agree that the availability
of the App is dependent on the third party from which you received App, e.g., the Apple iPhone or Android
stores (“Application Store”). You acknowledge that this Agreement is between you and Mint Chocolate Apps
and not with the Application Store. The Application Store is not responsible for the App, the content thereof,
maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product
liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by
the Application Store in connection with App (if any). You agree to comply with, and your license to use
App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application
Store’s terms and policies) when using App. You acknowledge that the Application Store (and its subsidiaries)
are third party beneficiaries of this Agreement and will have the right to enforce this Agreement. 5.2 Third
Party Services Mint Chocolate Apps may permit certain third party applications (like leaderboards, game networks)
to provide content through the App (“Third Party Services”). The App may be used to send content provided
by the Third Party Service between users who have the Third Party Service installed on their device. When
you do so, Mint Chocolate Apps will share information with the Third Party Service as described in the Mint
Chocolate Apps Privacy Policy. Mint Chocolate Apps is not responsible for and does not control Third Party
Services. Mint Chocolate Apps provides these Third Party Services only as a convenience to you. Mint Chocolate
Apps has no obligation to review or monitor, and does not approve, endorse, or make any representations or
warranties with respect to Third Party Services. You use all Third Party Services at your own risk. When
you access a Third Party Service, the applicable third party’s terms and policies apply, including the third
party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before
proceeding with any transaction in connection with any Third Party Services. 5.4 Other Users An App may contain
User Content provided by other users of the App. Mint Chocolate Apps is not responsible for and does not
control User Content. Mint Chocolate Apps has no obligation to review or monitor, and does not approve, endorse,
or make any representations or warranties with respect to User Content. You use all User Content and interact
with other users at your own risk. Your interactions with other users are solely between you and the other
user and we are under no obligation to become involved. You agree that Mint Chocolate Apps will not be responsible
for any liability incurred as the result of any such interactions. 5.5 Release You hereby irrevocably and
unconditionally release and forever discharge Mint Chocolate Apps (and its suppliers) from any and all claims,
demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act
or omission of, any Third Party Service, other Apps users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA
RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR.” 6. Disclaimers 6.1 APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND
Mint Chocolate Apps (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. Mint Chocolate Apps (AND ITS SUPPLIERS) MAKE NO WARRANTY
THAT ANY APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. 6.2 SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 7. Limitation
on Liability 7.1 IN NO EVENT SHALL Mint Chocolate Apps (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING
FROM OR RELATING TO THIS AGREEMENT OR Word Mint Chocolate Apps PRIVACY PRACTICES, ANY APP, EVEN IF Mint Chocolate
Apps HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE
DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Mint
Chocolate Apps _ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR Mint Chocolate
Apps _ PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID Mint Chocolate Apps IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT
SHALL Mint Chocolate Apps SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM JURISDICTION TO JURISDICTION. 8. Fees You agree to pay all fees and applicable taxes incurred
by you or anyone making purchases through the App. Mint Chocolate Apps may revise the pricing for the goods
and services offered to you through the App at any time. YOU ACKNOWLEDGE THAT Mint Chocolate Apps 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 YOU CLOSE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE APP 9. General 9.1 Changes
to this Agreement This Agreement is subject to occasional revision, and if we make any substantial changes,
we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement
will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice
to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our
Site. These changes will be effective immediately for new users of our Apps. Continued use of our Apps following
notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the
terms and conditions of such changes. The date on which the latest update was made is indicated at the top
of this document. We recommend that you print a copy of this Agreement for your reference and revisit this
webpage from time to time to ensure you are aware of any changes. 9.2 Notice Any notice provided to Mint
Chocolate Apps pursuant to this Agreement should be sent to: [email protected] 9.3 Severability
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions
of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so
that it is valid and enforceable to the maximum extent permitted by law. 9.4 Entire Agreement This Agreement
is the final, complete and exclusive agreement of you and Weng Gong with respect to the subject matters hereof
(including all Apps) and supersede and merge all prior discussions and agreements between the parties with
respect to such subject matters (including any prior End User License Agreements and Terms of Service or
Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. The word including means including without limitation. Your relationship
to Mint Chocolate Apps is that of an independent contractor, and neither party is an agent or partner of
the other. This Agreement, and your rights and obligations herein, may not be assigned by you without Mint
Chocolate Apps prior written consent, and any attempted assignment in violation of the foregoing will be
null and void. Mint Chocolate Apps may assign this Agreement in connection with a merger, acquisition, reorganization
or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms
of this Agreement shall be binding upon assignees. 10. Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using an App from the Apple Application
Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise
conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and
conditions in this Section 10 apply, but solely with respect to Apps from the Apple Application Store. 10.1
Acknowledgement: Mint Chocolate Apps and you acknowledge that this Agreement is concluded between Mint Chocolate
Apps and you only, and not with Apple, and Word Crossy, not Apple, is solely responsible for App and the
content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive
than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms
of Service, the more restrictive or conflicting Apple term applies. 10.2 Scope of License: The license granted
to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control
and as permitted by the Usage Rules set forth in the Application Store Terms of Service. 10.3 Maintenance
and Support: Mint Chocolate Apps is solely responsible for providing any maintenance and support services
with respect to App, as specified in this Agreement (if any), or as required under applicable law. Mint Chocolate
Apps and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services
with respect to App. 10.4 Warranty: Mint Chocolate Apps is solely responsible for any product warranties,
whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure
of App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price
for App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be Mint Chocolate Apps sole responsibility. 10.5
Product Claims: Mint Chocolate Apps and you acknowledge that Mint Chocolate Apps, not Apple, is responsible
for addressing any claims of you or any third party relating to App or your possession and/or use of App,
including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to
any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar
legislation. This Agreement does not limit Mint Chocolate Apps liability to you beyond what is permitted
by applicable law. 10.6 Intellectual Property Rights: Mint Chocolate Apps and you acknowledge that, in the
event of any third party claim that App or your possession and use of App infringes that third party’s intellectual
property rights, Mint Chocolate Apps, not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim. 10.7 Legal Compliance: You
represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo,
or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are
not listed on any U.S. Government list of prohibited or restricted parties. 10.8 Developer Name and Address:
Mint Chocolate Apps contact information for any end-user questions, complaints or claims with respect to
App is set forth in Section 9.2. 10.9 Third Party Terms of Agreement: You must comply with applicable third
party terms of agreement when using App. 10.10 Third Party Beneficiary: Mint Chocolate Apps and you acknowledge
and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that,
upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be
deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Mint Chocolate Apps